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Intellectual Property
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August 02, 2024
PNC Wants Court, Not Jury, To Hear Fintech Co. TM Defenses
PNC Financial Services Group wants a Pennsylvania federal judge, not a jury, to decide whether the bank did nothing with knowledge that Plaid Inc. was copying its logo and login screens when linking bank accounts to financial apps, PNC said in a court filing.
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August 02, 2024
Justices Urged To Hear Standing Issue For Patent Licensors
The U.S. Supreme Court has been asked to give its take on whether the terms of a decade-old loan can be used to create issues over legal standing and exclusionary rights in a lawsuit tied to radio frequency developed in the mid-2000s.
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August 02, 2024
US Cheerleading Org. Faces Fees Bid After Losing TM Suit
Bush Ross PA and the Underwood Law Firm PC are seeking more than $800,000 in attorney fees after a Florida federal judge handed their clients a summary judgment win in a trademark infringement lawsuit brought by the U.S. All Star Federation against its rivals, saying they deserve to be reimbursed for costs related to the case because it was "exceptional."
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August 02, 2024
Akin Debuts AI Law & Regulation Info Tracker
Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.
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August 02, 2024
PTAB Told To Punish Mylan For Allegedly Breaking Fintiv Vow
Novo Nordisk is urging the Patent Trial and Appeal Board to sanction Mylan for pursuing claims to invalidate a patent covering the blockbuster diabetes and weight loss drug Ozempic in Delaware district court, despite an explicit promise not to do so.
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August 02, 2024
DC Circ. Rejects Speech Rights Challenge To DMCA
A D.C. Circuit panel on Friday knocked down a challenge to a provision of the Digital Millennium Copyright Act that bars circumventing digital locks on copyrighted material, ruling that the law is in line with the First Amendment.
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August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
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August 01, 2024
11th Circ. Affirms Zurich Needn't Pay Judgment Against Agent
In a pair of opinions issued Thursday, the Eleventh Circuit revived a copyright claim by Compulife but rejected the software company's bid to force Zurich American Insurance Co. to pay for a judgment against an insurance agent who allegedly helped three others misappropriate the company's trade secrets.
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August 01, 2024
Amazon Scores Default Win Against Counterfeit Sellers
Amazon secured a default judgment Thursday in Washington federal court against sellers of counterfeit luxury goods who worked with social media influencers to promote fake Hermes, Chanel and Christian Dior products, after the sellers failed to respond to Amazon's complaint by deadline.
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August 01, 2024
Ohio Judge Must Add Overhead-Door Patent Owner To IP Suit
An Ohio federal judge must attach Cold Chain LLC to patent infringement litigation its licensee has filed against companies tied to commercial trucking, the Federal Circuit held Thursday.
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August 01, 2024
Philip Morris Regains PTAB Win After Fed. Circ. Loss
The Patent Trial and Appeal Board has again invalidated an R.J. Reynolds unit's vape patent in a challenge initiated by Philip Morris Products SA, following a brief respite for the patent owner at the Federal Circuit.
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August 01, 2024
TTAB Won't Allow Retail TM For Amazon Affiliate Site
The Trademark Trial and Appeal Board in a precedential decision Wednesday upheld a refusal to register a trademark to an Amazon affiliate site that provides referrals but is not actually engaged in retail, delivering a blow to the owner of a culinary website who earns commissions for directing consumers to products sold by third parties.
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August 01, 2024
Alter Egos Say Rival Pool Co. Jumped The Gun On Discovery
The alter egos of bankrupt pool supply company Blueworks Corp. have rebuffed claims that they "simply refuse to answer" requests for discovery from rival Hayward Industries Inc. in its quest to secure a $16 million false advertising and deceptive trade practices judgment.
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August 01, 2024
Journalist Don Lemon Hits X, Musk Over Axed Talk Show Deal
Elon Musk and his social media platform X unlawfully plied former CNN anchor Don Lemon with "false promises and representations" to reel him into a partnership to produce a talk show and other exclusive content, then proceeded to unceremoniously cancel the deal before it could get off the ground, the journalist alleged in a lawsuit filed Thursday.
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August 01, 2024
AliveCor Asks 9th Circ. To Revive Apple Watch Antitrust Case
Medical monitoring startup AliveCor Inc. told the Ninth Circuit that Apple Inc. should not be immunized from antitrust claims over the removal of access to heart rate data on the Apple Watch because the change was intended to block competition and not improve the device.
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August 01, 2024
Merchandising Co. Says Ex-VP Sunk $47M Deal With Lowe's
An ex-merchandising company executive exploited trade secrets to sabotage a $47 million deal with home improvement giant Lowe's Cos. Inc., the executive's former employer has alleged in a federal lawsuit in North Carolina.
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August 01, 2024
AI Cos. Say Music Labels' IP Misuse Will Undo Copyright Suits
Two artificial intelligence startups said Thursday that the major record labels' monopolistic hold on the music industry will doom their federal lawsuits claiming the AI companies infringed copyrighted works while training their neural networks to create original music from user prompts.
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August 01, 2024
Former Stimlabs Exec Doesn't Have To Hand Over Devices
A Georgia federal judge on Thursday blocked a biomedical technology company's bid to seize the digital devices of a former executive accused of downloading thousands of internal files containing sensitive product information in the days and weeks leading up to her ouster from the company this year.
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August 01, 2024
PTAB Takes Out Last Patent From Google's $12M Trial Loss
Google has persuaded the Patent Trial and Appeal Board to invalidate all Flypsi Inc. patent claims tied to the tech giant's $12 million infringement loss in the Western District of Texas.
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August 01, 2024
NC Musician Ends Unpaid Sample Suit With French Montana
A North Carolina songwriter has dropped her lawsuit accusing rapper French Montana of failing to fork over cash for using her music as promised, according to a court filing.
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August 01, 2024
Fed. Circ. Denies PTAB Overreach In Voice Tech IP Invalidation
The Patent Trial and Appeal Board properly invalidated a Voice Tech Corp. patent directed to the use of voice commands and did not make up a new theory in favor of challenger Unified Patents LLC, the Federal Circuit said Thursday.
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August 01, 2024
Airbnb's $1.3B Bill From IRS Overvalues IP, Tax Court Told
Airbnb is challenging a $1.3 billion tax bill tied to income the IRS allocated from overseas, telling the U.S. Tax Court the agency overvalued intellectual property the home-rental giant licensed to its Irish affiliate before going public.
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August 01, 2024
Turf Co.'s Injunction Bid Is Too Vague, Ga. Judge Rules
A Georgia federal judge rejected a major artificial turf manufacturer's attempt to stop a rival turf company from using files allegedly stolen by one of its former executives before he jumped ship, saying the requested injunction was too vague and only sought to force the company to follow existing law.
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August 01, 2024
MoFo Adds 3-Atty IP Litigation Team In NY From Desmarais
A trio of life sciences intellectual property litigation attorneys from Desmarais LLP have joined Morrison Foerster LLP in New York.
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August 01, 2024
Judge Kills Trade Secrets, Contract Suit Against Ex-Director
A federal judge agreed on Wednesday to toss legal industry staffing company HIRECounsel D.C. LLC's breach of contract and trade secrets lawsuits against a former managing director of client relations, saying the company had not managed to prove actual or liquidated damages.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Revisiting Morals Clauses In The Age Of Deepfakes
Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.