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Intellectual Property
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July 17, 2024
Steve Madden Raises IP, Libel Claims In Sandal Feud
Steven Madden Ltd. has filed suit alleging Danish "affordable luxury" brand Ganni A/S falsely claimed two of the U.S. company's shoe designs infringed Ganni's intellectual property.
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July 17, 2024
Investigator Argues Mogul's Hacked Data Aren't Trade Secrets
A private investigator accused of taking part in an international hacking conspiracy targeting airline mogul Farhad Azima is looking for a win after a protracted discovery battle, saying Azima has failed to prove the allegedly stolen data contained his trade secrets.
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July 17, 2024
Yet Another Patent Owner Wants High Court To Review Alice
A small Alabama company that claims to have invented a new way of "processing returned mail" is the latest to complain to the U.S. Supreme Court about the state of patent eligibility law after the company was unable to enforce its patent against the U.S. Postal Service.
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July 17, 2024
Boehringer Wants Inhaler Antitrust Case Moved To Mass.
Boehringer Ingelheim Pharmaceuticals Inc. has urged a Connecticut federal court to transfer a proposed class action accusing it of blocking generic versions of two inhaler medications, saying a similar case was filed in Massachusetts several weeks earlier.
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July 17, 2024
Colo. Firm Says Ex-Director Stole Clients While On Payroll
Colorado boutique Whitcomb Selinsky PC is accusing one of its former directors of trying to steal clients while he was still employed with the firm to take with him to his new practice.
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July 17, 2024
YouTube Gets $92K In Costs Over Nixed Anti-Piracy Suit
A Florida federal judge has granted YouTube more than $92,000 in legal costs after the company defeated copyright claims by a movie producer who said the platform failed to remove all videos from his large collection of Mexican and Latin American films.
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July 17, 2024
ArentFox Schiff Lands IP Atty From Morgan Lewis In SF
ArentFox Schiff LLP has added a former Morgan Lewis & Bockius LLP associate in the firm's office in San Francisco, strengthening its intellectual property practice with a former prosecutor and litigator who helped a client win a $268 million award.
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July 17, 2024
Rising Star: Quinn Emanuel's Ognjen 'Ogi' Zivojnovic
Ognjen "Ogi" Zivojnovic of Quinn Emanuel Urquhart & Sullivan LLP successfully represented a small tech company in a patent dispute with Meta Platforms Inc. and got Salesforce Inc. a summary judgment victory when it was sued for allegedly infringing patents, earning him a spot among the intellectual property attorneys under the age of 40 honored by Law360 as Rising Stars.
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July 17, 2024
Thom Browne Says Adidas Hasn't Earned Stripes In TM Spat
New York fashion brand Thom Browne accused Adidas on Wednesday of trying to monopolize any use of a three-stripe design in clothing and footwear as a trial got underway in London over the multijurisdictional trademark dispute.
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July 16, 2024
5th Circ. Hands Loss To Canadian Standards Group In IP Fight
A split Fifth Circuit panel said a lower court improperly gave a win to the Canadian Standards Association in a copyright suit over electrical codes, telling the lower court to give a win to P.S. Knight Co. Ltd. in the case.
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July 16, 2024
Squishmallows' Build-A-Bear IP Suit Not Just Fluff, Court Says
The Build-A-Bear Workshop toy company can't escape claims that its Skoosherz stuffed toys infringe the trade dress and copyright of Kelly Toys' popular Squishmallows, a California federal judge ruled, saying the complaint plausibly alleges substantial similarities between the two plushie brands.
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July 16, 2024
UPC Knocks Out Amgen's Cholesterol Drug Patent
The Unified Patent Court on Tuesday ruled that Amgen's patent covering the cholesterol drug Repatha isn't valid in the European Union, less than a year after justices on the U.S. Supreme Court made a somewhat similar call on U.S. patents covering the same drug.
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July 16, 2024
Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner
A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.
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July 16, 2024
Skechers Targets LL Bean's Slip-On Shoes In IP Suit
Privately held Maine retailer and lifestyle brand L.L. Bean Inc. is facing a lawsuit that accuses it of selling slip-on shoes that infringe heel design patents owned by footwear multinational Skechers USA Inc.
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July 16, 2024
Tesla Says Chinese Co. Sells 'Dangerous' Charging Adapter
Tesla said on Monday that a Chinese company sells a "dangerous" charging adapter that lets owners of non-Tesla electric vehicles charge at its network, saying in a suit filed in California federal court that the device could injure consumers and damage the power infrastructure.
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July 16, 2024
USPTO Provides Guidance On AI And Patent Eligibility
The U.S. Patent and Trademark Office on Tuesday unveiled guidance for when inventions involving artificial intelligence are eligible for patents, saying the guidelines are aimed at "providing further clarity and consistency" on the issue.
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July 16, 2024
Fed. Circ. Rejects APA Challenge To PTAB Panel Makeups
The Federal Circuit on Tuesday affirmed the Patent Trial and Appeal Board's invalidation of Arbor Global Strategies' processor module patent claims, shooting down the company's position that the board violated the Administrative Procedure Act when making its decision.
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July 16, 2024
SiriusXM Must Face Suit Over $150M In Unpaid Royalties In NY
A Virginia federal judge has agreed to let Sirius XM move nonprofit royalty collector SoundExchange's suit to New York federal court, but refused to let it entirely escape claims that it owes more than $150 million in unpaid royalties.
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July 16, 2024
Columbia U. Aims To Keep $600M Patent Win Over Norton
Columbia University has urged the Federal Circuit to preserve its $600 million willful patent infringement judgment against NortonLifeLock Inc., telling the court that Norton's "kitchen-sink" appeal "raises a slew of issues, hoping something will stick" and challenging Quinn Emanuel's appeal of a civil contempt ruling as "baseless and, ultimately, academic."
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July 16, 2024
Cold Brew Co. Inks Deal To End IP Suit Against Mug Maker
A Colorado federal judge has signed off on a cold brew equipment maker and insulated mug company's request to dismiss a trademark infringement suit after the companies agreed to end the fight and pay for their own costs.
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July 16, 2024
Judge Spikes Fee Bid Pending Edible Arrangements Appeal
A Georgia federal judge is denying for now 1-800-Flowers.com's push to recover up to $4.3 million in attorney fees, as its rival Edible Arrangements LLC appeals a ruling that ended its trademark infringement suit against the company.
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July 16, 2024
The 2024 Diversity Snapshot: What You Need To Know
Law firms' ongoing initiatives to address diversity challenges have driven another year of progress, with the representation of minority attorneys continuing to improve across the board, albeit at a slower pace than in previous years. Here's our data dive into minority representation at law firms in 2023.
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July 16, 2024
Rising Star: Morrison Foerster's Allyson Bennett
Allyson Bennett of Morrison Foerster LLP has been on the front lines of legal efforts to expand fair use laws in cases involving large tech companies, including shielding Instagram from copyright lawsuits and defending OpenAI, earning her a spot among the intellectual property practitioners under age 40 honored by Law360 as Rising Stars.
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July 16, 2024
These Firms Have The Most Diverse Equity Partnerships
Law360’s law firm survey shows that firms' efforts to diversify their equity partner ranks are lagging. But some have embraced a broader talent pool at the equity partner level. Here are the ones that stood out.
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July 16, 2024
Tesla Loses Bid To Sue Over 5G License Rate In UK
A London court ruled Monday that Tesla can't sue InterDigital for a worldwide license covering 5G technology, throwing a wrench in the automaker's plans to launch 5G-equipped vehicles in the U.K.
Expert Analysis
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Opinion
NIST March-In Framework Is As Problematic As 2021 Proposal
While the National Institute of Standards and Technology's proposed march-in framework on when the government can seize patents has been regarded as a radical departure that will support lowering prescription drug costs, the language at the heart of it is identical to a failed 2021 notice of proposed rulemaking, says attorney Kelly Morron.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Compliance Steps After ABA White Collar Crime Conference
Senior law enforcement officials’ statements this month at the American Bar Association's white collar crime conference suggest government enforcement efforts this year will increasingly focus on whistleblower incentives, artificial intelligence and data protection, and companies will need to update their compliance programs accordingly, say attorneys at Baker McKenzie.
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2 Issues For Venture-Backed Climate Tech Startups To Avoid
As climate tech startups become more common, poor equity dilution management and stacked seed financing are two common pitfalls that apply more acutely to climate tech startups than to the broader venture-backed startup space, say attorneys at Goodwin.
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Cannabis Case Lights Up Benefits Of Creative IP Protection
A recently filed California federal court case, The Holding Company v. Pacific West Distributors, illustrates potential creative strategies cannabis companies can use to build intellectual property rights, such as combining federal and state registrations for copyrights and trademarks, say attorneys at Seyfarth.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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Uncertainty Surrounds Patent Eligibility Restoration Bill
A recent U.S. Senate hearing regarding the Patent Eligibility Restoration Act, a bill that aims to overhaul patent eligibility law and establish clearer statutory exclusions, marks a pivotal moment in the ongoing patent eligibility debate, but the law’s fate remains uncertain as discussions continue, say attorneys at Marshall Gerstein.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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Tips On Numerical Range From Fed. Circ. Philip Morris Ruling
The Federal Circuit's recent RAI v. Philip Morris decision that a patent provided sufficient written description to support a claimed numerical range offers several takeaways for practitioners, including the need for a cautious approach to criticism of ranges, say attorneys at BCLP.
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UMG-TikTok IP Rift Highlights Effective Rights Control Issues
Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.
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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.