Intellectual Property

  • July 10, 2024

    Vidal Directs PTAB To Review Nerf 'GelFire' Toy Gun Patents

    The director of the U.S. Patent and Trademark Office has overturned Patent Trial and Appeal Board decisions not to institute reviews of three patents covering Hasbro Inc.'s Nerf "GelFire" toy gun.

  • July 10, 2024

    Pokemon Go Maker Escapes Gaming Patent Suit

    A California federal judge has let the developer of smartphone game Pokemon Go out of a patent infringement suit, deciding that a patent related to augmented reality technology covers an abstract idea.

  • July 10, 2024

    Cheech And Chong's Co. Hits Colo. Cannabis Cos. With IP Suit

    Cheech and Chong's Cannabis Co. has filed an infringement lawsuit against a Colorado entrepreneur, accusing him of using the comedy duo's likeness after being explicitly warned not to, according to a lawsuit filed in Colorado state court.

  • July 10, 2024

    HP Can't Use 'Wex' Name During Pending Trademark Case

    A Maine federal judge has issued a preliminary injunction holding that HP Inc. may not use the word "Wex" for a planned product launch for the duration of trademark litigation brought by financial technology provider Wex Inc., finding that there's a "risk of saturating the market with potential infringement."

  • July 10, 2024

    10th Circ. Now Seems Unsure 'Tiger King' Violated Copyright

    A Tenth Circuit panel that cited the U.S. Supreme Court's Warhol decision in holding that Netflix Inc. could not dodge a copyright complaint for including a funeral video clip in its "Tiger King" docuseries sounded more skeptical about the plaintiffs' arguments during a rehearing Wednesday, grilling counsel about why the short video was not fair use.

  • July 10, 2024

    CBP Clears Apple Watch Of Infringing Heart Monitor IP

    U.S. Customs and Border Protection has ruled that redesigned versions of the Apple Watch do not infringe AliveCor's electrocardiogram patents and can be imported, a decision that comes ahead of a consolidated hearing at the Federal Circuit over the same patents.

  • July 10, 2024

    Buyers Say Teva Had Multipart Scheme To Delay Inhaler Rivals

    Employee benefit funds accusing Teva of orchestrating a decadelong scheme to delay generic competition for its QVAR asthma inhalers told a Massachusetts federal court the drugmaker is trying to end the case by addressing merely one aspect of a multipart scheme.

  • July 10, 2024

    Ga. Eatery, Conn. Brewery End TM Fight Over Similar Names

    An Atlanta restaurant owner and the New Britain, Connecticut, brewery it accused of using effectively the same name and signage despite the Georgia businessman's trademark rights have agreed to drop their dispute in Connecticut federal court, according to a new stipulation filed by both parties.

  • July 10, 2024

    Fantasy Sports Co. Can't Duck Claims It Ripped Off IP

    A Georgia federal judge on Tuesday declined to dismiss a patent infringement suit between two fantasy sports tech companies, siding with a special master's finding that the technologies in question are likely concrete enough to warrant intellectual property protection.

  • July 10, 2024

    Intel Asks Del. Court To Affirm It Has License To VLSI Patents

    Intel has launched a suit in Delaware federal court asking for an order that it already has a license to various VLSI patents, the latest in a sprawling legal fight between the two parties over microchips.

  • July 10, 2024

    Nike Wins Another Look At TM Atty Fees Ruling At 3rd Circ.

    The Third Circuit on Wednesday undid a $5 million attorney fee award to a Pennsylvania clothing manufacturer that sued Nike Inc. for trademark infringement, ordering a federal trial court to look more closely at the specifics of the case to determine if the outcome was truly "exceptional."

  • July 10, 2024

    Walmart IP Foe May Face $2.9M Penalty After Jury Win Tossed

    Counsel for a food tech startup that saw its $115 million patent infringement verdict against Walmart nixed may be ordered to pay the retail giant's $2.9 million legal bill due to misrepresentations about a key piece of evidence, an Arkansas federal judge said.

  • July 10, 2024

    Maynard Nexsen IP Trio Joins Nixon Peabody In Calif.

    Nixon Peabody LLP is continuing to grow its intellectual property practice on the West Coast, adding three former Maynard Nexsen PC partners, including a former practice chair.

  • July 10, 2024

    Longtime Axinn Atty To Chair Polsinelli's Hatch-Waxman Team

    A practice leader from Axinn Veltrop & Harkrider LLP, known in part for his high-profile work on behalf of pharmaceutical clients, is joining Polsinelli PC to chair its Hatch-Waxman and biologics practice, the firm announced on Tuesday.

  • July 09, 2024

    Nirvana, Marc Jacobs Reach Deal In Smiley Face Logo Fight

    The rock band Nirvana, the fashion brand Marc Jacobs International LLC and a former record company employee have reached a settlement resolving a yearslong dispute over Nirvana's "smiley face" logo, according to a joint report filed in California federal court Tuesday.

  • July 09, 2024

    Bard Fights 'Patent Misuse' Ruling In $53M Suit At 9th Circ.

    Bard urged the Ninth Circuit on Tuesday to reverse a lower court's finding that its attempt to collect $53 million in licensing payments from a medical-device company was a clear case of "patent misuse," arguing that the parties' licensing agreement allows for Bard to collect payments even after the patents-in-suit expired.

  • July 09, 2024

    South Africa Drops J&J Probe After TB Drug Price Cuts

    South Africa's antitrust office has said it's going to drop its investigation over whether Johnson & Johnson engaged in anticompetitive conduct by filing a patent there for a tuberculosis drug, after the drugmaker agreed to lower the cost of bedaquiline by 40% and allow generic versions of the drug on the market.

  • July 09, 2024

    Chase Bank Reaches Deal In Data Security Patent Suit

    JPMorgan Chase Bank NA indicated Tuesday that it has settled a lawsuit in Texas federal court over data security patents developed by a former Israeli air defense officer who worked on technological solutions for "survivability capabilities against systemic failures."

  • July 09, 2024

    HEC Can't Get Damages Over Injunction In Novartis Feud

    A Delaware federal court on Tuesday shot down HEC Pharm Co.'s bid for damages stemming from a preliminary injunction against it over the launch of a generic version of Novartis Pharmaceuticals' blockbuster multiple sclerosis treatment Gilenya.

  • July 09, 2024

    Like Lions, Statue Co. Wants Out Of Barry Sanders Photo Row

    The company responsible for sculpting a bronze statue of legendary Detroit Lions running back Barry Sanders wants out of the lawsuit filed by a professional photographer who claims his copyrighted photo was the unauthorized inspiration for the structure.

  • July 09, 2024

    Steve Madden Blasts Skechers' TM Suit Over Shoes

    The Steve Madden brand pushed back Tuesday against a lawsuit in California federal court from Skechers alleging that one of Steve Madden's companies, Dolce Vita Footwear, infringed its trademark and design patent rights, rejecting Skechers' contention that its "S" marks are famous.

  • July 09, 2024

    Fight Over Golf-Aid Sales Puts Amazon In RICO Hot Seat

    A pair of golf marketing companies conspired with Amazon to cash in on the sale of popular equipment endorsed by top-ranked golfer Scottie Scheffler after tricking the manufacturer into selling it to them wholesale, the equipment-maker claimed in a fraud and RICO suit filed in California federal court on Tuesday.

  • July 09, 2024

    Fed. Circ. Won't Revive Patent Fights Against Dating Apps

    The Federal Circuit on Tuesday quickly shot down appeals from a patent litigation outfit trying to breathe life back into its failed legal campaign against a handful of prominent dating apps.

  • July 09, 2024

    9th Circ. Lets Librarian's Suit Against Dun & Bradstreet Go On

    The Ninth Circuit has backed a California federal court's decision not to throw out a suit claiming Dun & Bradstreet Holdings sold personal information of individuals without consent, saying the proposed class action can move forward.

  • July 09, 2024

    Newman Loses Suit Against Fed. Circ. Over Suspension

    A D.C. federal judge on Tuesday dismissed the lawsuit Federal Circuit Judge Pauline Newman filed against her colleagues over her suspension for refusing to undergo medical tests, saying she failed to prove the judicial conduct law at issue is unconstitutional.

Expert Analysis

  • Determining Who Owns Content Created By Generative AI

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    Adobe's recent terms-of-service update and ensuing clarification regarding its AI-training practices highlights the unanswered legal questions regarding ownership of content created using artificial intelligence, says John Poulos at Norton Rose.

  • Skip Versus File: The Patent Dilemma That Costs Millions

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    In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.

  • Orange Book Warnings Highlight FTC's Drug Price Focus

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    In light of heightened regulatory scrutiny surrounding drug pricing and the Federal Trade Commission's activity in the recent Teva v. Amneal case, branded drug manufacturers should expect the FTC's campaign against allegedly improper Orange Book listings to continue, say attorneys at Ropes & Gray.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Tracking China's Push To Invalidate Foreign Patents

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    China’s increasing use of courts and administrative panels to nullify patents in strategically important industries, such as technology, pharmaceuticals and rare-earth minerals, raises serious concerns about the intellectual property rights of foreign businesses operating there, say Rajat Rana and Manuel Valderrama at Selendy Gay.

  • 3 Ways To Fight Alice Rejections Of Blockchain Patents

    Excerpt from Practical Guidance
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    With blockchain-related patent application filings on the rise, Thomas Isaacson at Polsinelli offers strategies for responding to U.S. Patent and Trademark Office determinations that the blockchain network is just a generic computer and patent-ineligible under the U.S. Supreme Court's 2014 Alice v. CLS Bank decision.

  • F1 Driver AI Case Sheds Light On Winning Tactics In IP Suits

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    A German court recently awarded damages to former F1 driver Michael Schumacher's family in an artificial intelligence dispute over the unlicensed use of his image, illustrating how athletes are using the law to protect their brands, and setting a precedent in other AI-generated image rights cases, William Bowyer at Lawrence Stephens.

  • 8th Circ. Insurance Ruling Spotlights Related-Claims Defenses

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    The Eighth Circuit’s recent Dexon v. Travelers ruling — that the insurer must provide a defense despite the policy’s related-acts provision — provides guidance for how policyholders can overcome related-acts defenses, say Geoffrey Fehling and Jae Lynn Huckaba at Hunton.

  • Counterfeits At The Olympics Pose IP Challenges

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    With the 2024 Olympic Games quickly approaching, the proliferation of counterfeit Olympic merchandise poses a difficult challenge to the protection of intellectual property rights and the preservation of the Olympic brand's integrity, says Kimiya Shams at Devialet.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Momofuku Chili War May Chill Common Phrase TM Apps

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    Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.

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