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Intellectual Property
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June 21, 2024
Pay-For-Delay Drug Case Not Time-Barred, UK Tribunal Says
The U.K. Competition Appeal Tribunal refused Friday to apply a much more restrictive statute of limitations that would toss government claims that Danish pharmaceutical company Lundbeck Ltd. and generic drug manufacturers anticompetitively agreed to delay generic competition to an antidepressant.
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June 21, 2024
Ex-CEO Found Liable For $1 Now Seeks Atty Fees For Del. Suit
The ex-CEO of a biopharma company who was found liable in 2021 for breaching his fiduciary duties but ordered to pay just $1 in damages after Delaware's Court of Chancery found that no real harm had been done is now suing for his attorney's fees and court costs.
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June 21, 2024
Zoom Latest Tech Giant Accused Of Infringing NM Co.'s Patent
A New Mexico company has hit videoconferencing behemoth Zoom with a patent suit in Colorado federal court, alleging that Zoom is knowingly infringing a patent for identifying voices across multiple telephone networks.
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June 21, 2024
Kona Ice Nabs $533K In Toppings Dispenser Patent Trial
A Florida federal jury has come to the conclusion that a small shaved ice franchise from Boca Raton owes the Kona Ice brand a little over half a million dollars for infringing a patent covering a "liquid toppings dispensing system."
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June 21, 2024
Skiplagged Removes Motion After Judge's Rebuke
Airfare search engine Skiplagged Inc. has settled its differences with American Airlines in a discovery dispute that prompted an "exasperated" Texas federal judge to order the parties to mediation, saying both sides had addressed the concerns that prompted Skiplagged to file for a protective order.
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June 21, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen JD Wetherspoon sue a Welsh pub over its name in the Intellectual Property Court, ex-professional boxer Amir Khan and his wife file libel action against an influencer, the Performing Right Society hit with a competition claim over music licensing, and Manolete Partners bring action against the directors of a bust investment firm. Here, Law360 looks at these and other new claims in the U.K.
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June 20, 2024
Patent Owners, Challengers Spar Over PTAB Rule Proposal
The U.S. Patent and Trademark Office's scaled-back package of Patent Trial and Appeal Board rules has drawn a mixed reaction from legal and industry groups, which offered praise and concern about both the proposal and the topics it does not address.
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June 20, 2024
'Jetflicks' Piracy Trial Results In 5 Convictions In Las Vegas
Following a trial that stretched on for half a month, a federal jury in Las Vegas convicted a group of people who were accused of making more than $1 million running an illegal streaming website called "Jetflicks."
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June 20, 2024
Eli Lilly Launches Round Of Diabetes Drug Suits
Eli Lilly on Thursday hit various compounding pharmacies and medical spas in five states and the District of Columbia with suits saying that they trick consumers into thinking that they sell Eli Lilly medications that treat diabetes and obesity when actually they are copycats and are untested by the U.S. Food and Drug Administration.
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June 20, 2024
Judge Backs Virgin Over Boeing In Clash Over IP Injunction
A Virginia federal judge on Thursday ruled that Virgin Galactic can share allegedly proprietary Boeing documents with partner companies to help develop a space plane carrier aircraft, amid Boeing's breach of contract and misappropriation of trade secrets suit against Virgin.
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June 20, 2024
Rockwell Wins Treble Damages After $4M Gray Market Verdict
A Delaware federal judge agreed Tuesday to award treble damages to Rockwell Automation, which is behind the Allen-Bradley brand of factory equipment, bringing its total recovery to nearly $9 million after a jury found it was owed more than $4 million in August.
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June 20, 2024
Finance Co. Asks Fed. Circ. To Read Its 1.4K Pages Of Evidence
A patent outfit connected to a man behind one of the world's first money market funds says that a Texas court's decision to throw out a patent case against online stockbroker TD Ameritrade went against the weight of some "1,400 pages of credible evidence," and is something that the full Federal Circuit should look into.
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June 20, 2024
Waffle Cone Cos. Settle TM War Over Chocolate-Filled Treats
A maker of chocolate-filled waffle cone treats has resolved its claims against a rival over alleged trademark violations, according to a stipulation filed Thursday in New Jersey federal court.
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June 20, 2024
1st Circ. Says Song Royalties Go To Artists, Not Band Owners
The First Circuit ruled that members of musical groups, not their owners or managers, are due royalties as featured "recording artists" under federal law.
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June 20, 2024
Theravance, Mylan Say Chinese Co. Copied COPD Drug
Theravance Biopharma and Mylan Specialty have sued a Chinese drugmaker, alleging it copied Yupelri, one of its chronic obstructive pulmonary disease drugs, and infringed several patents in the process.
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June 20, 2024
USPTO's AI-Assisted Inventions Guidance Irks ABA IP Section
The U.S. Patent and Trademark Office's guidance on when inventions developed using artificial intelligence can be patented generated criticism from the American Bar Association's Section of Intellectual Property Law, expressing concern that it could be detrimental as it "casts doubt on inventorship through general acts of human direction."
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June 20, 2024
First Amendment Bars Models' Likeness Suit, Strip Clubs Say
Three Philadelphia-area strip clubs facing a suit by Carmen Electra and other models over using their likeness without permission told a federal judge the plaintiffs' complaint is barred by the First Amendment because they are public figures "or limited purpose public figures."
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June 20, 2024
Patent Office Elevates Acting Solicitor To Official Position
The U.S. Patent and Trademark Office on Thursday announced that its longtime litigator Farheena Y. Rasheed has been appointed solicitor and deputy general counsel for the agency.
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June 18, 2024
Qualcomm Investors Ink $75M Deal Over Licensing Practices
Qualcomm Inc. investors asked a California federal judge to greenlight a $75 million settlement that would resolve their claims that the chipmaker misled the market by stating it kept its licensing and chip-supply businesses separate when it regularly bundled the two in negotiations and agreements.
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June 18, 2024
Microsoft Reaches Deal With Patent Biz After $242M Verdict
Microsoft indicated on Tuesday that it has decided to settle a fight with a litigation outfit that won a $242 million verdict from a Delaware federal jury over patents bought from a company that developed Apple's Siri software.
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June 18, 2024
Fed. Circ. Won't Revive Philips Communication Patent Claims
The Federal Circuit on Tuesday sided with Patent Trial and Appeal Board judges who gutted claims in a Philips patent challenged by a Chinese chipmaker that is facing an infringement suit in Delaware.
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June 18, 2024
USPTO Hears Array Of Ideas For Altering Director Review
Numerous groups have offered suggestions to the U.S. Patent and Trademark Office on the process where the agency's director reviews Patent Trial and Appeal Board decisions, from adjusting which cases are subject to review to barring the director from personally making decisions.
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June 18, 2024
11th Circ. Orders New Shrimp Secrets Trial Over Judge's Exit
The Eleventh Circuit ordered a new trial in a trade secrets dispute involving breeders of disease-resistant shrimp, saying Tuesday that a magistrate judge who oversaw the trial's conclusion so that a federal judge could catch a flight exceeded his authority by answering jury questions and rejecting a defense counsel's request for clarification on damages awarded.
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June 18, 2024
Megan Thee Stallion Escapes IP Suit Over 'Savage' Song
A Manhattan federal judge concluded Tuesday that rapper and songwriter Megan Thee Stallion did not rip off music from a hip-hop producer to create her hit song "Savage" in 2020, saying the plaintiff failed to show that she and the other defendants had access to his composition or that the two songs are substantially or strikingly similar.
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June 18, 2024
Starbucks Among Eateries Facing IP Suits Over Ordering Tech
Starbucks, Denny's and three other restaurants are the latest to face a patent-licensing company's lawsuits in Texas for allegedly infringing a patent that lets customers place mobile orders on an app or website using a real-time menu that can make personalized suggestions.
Expert Analysis
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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Data-Driven Insights On Optimizing PTAB Institution Decisions
A look at Patent Trial and Appeal Board institution decisions from the last six years highlights critical information a patent owner should know regarding trends in the board’s decision making when patents come under challenge, and which arguments to raise in preliminary responses, say Jacob Golan and Benjamin Anger at Knobbe Martens.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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What's At Play In Rising Lanham Act Cases At The ITC
Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.
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Key Factors In Establishing Compelling Merits At The PTAB
A look at over 450 Patent Trial and Appeal Board decisions between June 2022 and now provides insights into strategies for petitioners and patent owners in establishing compelling merits arguments in post-grant proceedings, say David Holman and Tyler Liu at Sterne Kessler.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Takeaways From USPTO's AI-Assisted Invention Guidance
Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.
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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.