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Intellectual Property
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July 03, 2024
7th Circ. Backs Bulk Of Motorola's $540M Award In IP Fight
The Seventh Circuit has become one of the first courts to apply trade secrets laws extraterritorially, affirming a $407 million award Motorola won from a Chinese rival for Defend Trade Secrets Act damages in a suit over mobile radios, while finding that a $136 million award for copyright damages will have to be "reduced substantially" in order to cut out international sales.
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July 03, 2024
Electric Jet Co. Scoffs At Boeing Bid To Undo $72M IP Verdict
Zunum Aero Inc. said that a federal judge should reject The Boeing Co.'s efforts to cancel a $72 million jury award for misappropriating the electric jet startup's trade secrets, saying evidence presented during a 10-day trial in May amply supports the verdict.
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July 03, 2024
Roche Says Stanford Profs Stole Cancer Detection Tech
Roche Molecular Systems has accused Stanford University and several faculty members of swiping its proprietary cancer detection technology and secretly founding a new company with it, according to a suit filed in California federal court.
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July 03, 2024
Don't Dismiss Suit Over Ex-Employee's 'Raid,' Lender Says
Mortgage lender Caliber Home Loans Inc. has accused a competitor of taking "another bite at the preemption apple" in seeking dismissal of the latest version of a suit over alleged poaching, telling a Dallas federal judge that the suit revision raises "additional, distinct facts" that support allowing its claims to go forward.
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July 03, 2024
Sonos Says Chevron's End Doesn't Impact Google Patent Row
The U.S. Supreme Court's abolition of so-called Chevron deference doesn't warrant granting Google's request for the full Federal Circuit to review precedent on the U.S. International Trade Commission's patent powers, which requires "special justification" to undo, Sonos said Wednesday.
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July 03, 2024
Adobe Prevails As Fed. Circ. Rules Alice Dooms E-Sign Patent
The Federal Circuit on Wednesday affirmed a lower court's ruling that axed an electronic signature patent for not inventing "much of anything," saying the patent Adobe Inc. allegedly infringed merely covered a long-standing business practice of signing documents.
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July 03, 2024
Restaurant Group Gets Another Shot At TM Suit Against Hotel
The Fifth Circuit has revived a trademark infringement case in which restaurant chain Lettuce Entertain You Enterprises accused Hotel Magdalena Joint Venture of ripping off its summer-themed branding, finding that the lower court didn't apply the right standard properly.
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July 03, 2024
Realtor.com Parent Accuses CoStar Of Stealing Trade Secrets
The parent company of Realtor.com sued CoStar Group Inc. and one of its employees in California federal court Tuesday, alleging the worker stole confidential trade secrets from his time working at Realtor.com in order to boost the performance of CoStar's rival real estate website, Homes.com.
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July 03, 2024
Revived Skinny Label Case Is A Warning For Generics
The Federal Circuit has made clear that generic-drug companies need to pay close attention to public statements when advertising drugs that still have patent-protected uses, even if their so-called skinny labels properly avoid references to those carved-out indications, attorneys say.
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July 03, 2024
Full Fed. Circ. Urged To Rethink Amazon Patent Program Case
Lighting Defense Group has urged the full Federal Circuit to undo a decision that it must face a declaratory judgment suit in the home state of a company it accused of infringement through an Amazon patent program, saying the holding is in "intractable conflict" with precedent.
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July 03, 2024
Appeals Board Tosses Revived License Breach Dispute
The Civilian Board of Contract Appeals has again tossed a dispute, previously revived by the Federal Circuit, alleging the U.S. Food and Drug Administration breached a software company's end-user license agreement, saying it lacks jurisdiction to enforce the agreement.
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July 03, 2024
Siemens, GlobalFoundries Kill Chip Design IP Under Alice
Siemens and GlobalFoundries nabbed a major win Tuesday when a Delaware federal magistrate judge granted the semiconductor makers' summary judgment bids in a patent infringement case, holding that the chip design patents the companies are accused of infringing are invalid under Alice.
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July 03, 2024
Cooley DQ'd From IP Case Over Atty's Past Patent Work
Cooley LLP was disqualified on Wednesday from representing a pharmaceutical customer-support software company against patent infringement claims in Delaware, with the district court citing a Cooley partner's prior work representing the plaintiff and Cooley's refusal to screen its attorney.
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July 03, 2024
Cardi B Accused Of Ripping Off FX Show's Song For Single
Two music creators say Cardi B's new hit "Enough (Miami)" infringed a song they wrote in 2021, telling a Texas federal court Wednesday that they're entitled to a temporary and permanent restraining order barring the song from being played.
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July 03, 2024
Penile Implant Doc Seeks $7M Atty Fees, Costs In $18M IP Win
A urologist who won $18.3 million in royalties and damages after a jury found a rival stole his penile implant trade secrets and infringed his intellectual property asked a California federal judge for $6.5 million in attorney fees and $614,000 in costs, saying he is owed the funds as the prevailing party in the litigation.
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July 03, 2024
Google Defeats Online Media Patent Suit At Fed. Circ.
A Federal Circuit panel on Wednesday backed Google LLC's win in a California federal suit accusing it of infringing patents on creating layered web-based communications like ads and websites.
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July 03, 2024
Akerman Beats DQ Bid In Sneaker Product IP Battle
Akerman LLP can't be disqualified from defending a manufacturing company against claims that it stole from a social media influencer it partnered with to sell sneaker care products, a California federal judge has ruled.
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July 03, 2024
Juul License Voids Vape Royalties For Altria, Reynolds Argues
R.J. Reynolds Vapor Co. said it shouldn't have to pay royalties to the parent company of Philip Morris for a pod-style vape it was found to have infringed in a $95 million patent verdict nearly two years ago, pointing to a recent licensing deal it signed with Juul.
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July 03, 2024
Judge OKs Bid To End FindLaw Trade Secrets Lawsuit
A New York federal judge has approved a deal to resolve a trade secrets dispute between West Publishing Corp. and RizeUp Media Inc. stemming from the departure of several key employees from West.
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July 03, 2024
Turf Co. Wants Out Of Rival's Trade Secrets Suit
Facing allegations from a major artificial turf manufacturer that it poached one of its executives and trade secrets, a rival turf company hit back Tuesday by claiming that it has "no idea what information might be encompassed" by allegedly stolen files, and thus, the suit must be dismissed.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Samsung Says IP Law Firm, Litigation Funder Misused Info
Samsung Electronics Co. Ltd. says an intellectual property law firm and a Chinese litigation funder used its confidential information without permission to help Staton Techiya LLC assert patent infringement allegations, telling a Texas federal judge that the conduct demonstrated why the court should add the other companies to Samsung's suit.
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July 02, 2024
Ex-Jets Worker Says Team, NFL Stole His Logo Design
A former New York Jets film and video director claims the team used his logo design off and on for years without his permission or compensating him for its use, according to a suit filed in federal court.
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July 02, 2024
Mike Huckabee Says Meta Hosted Fake CBD Gummy Ads
Former Arkansas Gov. Mike Huckabee says Meta Platforms Inc. has been allowing and hosting advertisements that falsely portray him promoting CBD gummies, leading to people falsely associating him with the CBD industry and marijuana use, according to a suit filed Monday in Delaware federal court.
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July 02, 2024
FTC Investigating Teva Inhaler Patent Listings, Report Says
The Federal Trade Commission has opened an investigation into Teva Pharmaceuticals after it refused to remove inhaler patents from a key federal database, according to a Washington Post report citing confidential agency documents.
Expert Analysis
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The Taylor Swift Effect: Leveraging IP Thresholds In Ads
The Cetaphil #GameTimeGlow commercial, which aired before the Super Bowl, has garnered attention for its indirect use of Taylor Swift-related symbols that were easily spotted by fans — sparking questions about the legality of nodding to the iconic pop star without violating intellectual property rights, say attorneys at Brooks Kushman.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Opinion
There Is No NCAA Supremacy Clause, Especially For NIL
A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.
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Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
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Webpages Must Meet Accessibility Standard To Be Prior Art
The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.
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The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
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Trending At The PTAB: Navigating A Motion To Amend
The Patent Trial and Appeal Board's recent decisions in motions to amend patent claims highlight the challenges of taking advantage of the board's pilot program for amending such claims, and owners and petitioners should keep several strategic considerations in mind as the program continues through mid-September, say Joshua Goldberg and Kai Rajan at Finnegan.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.