Intellectual Property

  • November 05, 2024

    Day Pitney Adds Trademark, Copyright Pro In Boston

    A former ArentFox Schiff LLP attorney has jumped to Day Pitney LLP's intellectual property law practice, bringing with her years of experience in Boston helping clients defend trademarks and register copyrights.

  • November 05, 2024

    USPTO Says Hyatt Forfeit Appeal Relies On Rejected Args

    A D.C. federal judge properly held inventor Gilbert Hyatt forfeited his rights to receive certain patents by delaying his applications for decades, and the inventor's claims otherwise rehash arguments the Federal Circuit has already rejected, the U.S. Patent and Trademark Office told the circuit court.

  • November 05, 2024

    MLB, Inventor Spar Over Viability Of Digital Ticket Patent

    Major League Baseball's interactive division and the holder of a digital ticketing patent it is accused of infringing are both seeking sanctions against each other, amid the league's claim that the patent was abandoned during bankruptcy proceedings and cannot be asserted.

  • November 05, 2024

    Nokia Beats Patent Infringement Case Over Router Tech

    A Texas federal jury found Tuesday that a licensing company hasn't proved that certain Nokia internet protocol routers infringe a trio of patents related to technology for transmitting data, handing a win to the telecommunications giant.

  • November 05, 2024

    NJ Staffing Co. Says Rival Stole Employees And Trade Secrets

    Medical staffing agency Aequor Healthcare Services LLC alleged in New Jersey federal court that a rival startup poached three of its employees, and those employees stole confidential information on their way out the door, according to a lawsuit filed Monday.

  • November 05, 2024

    French Music Co. Hit With IP Suit Over Song Distributions

    A French digital music business has been hit with a $500 million suit in New York federal court that claims it has been ripping off copyrighted song recordings owned by companies such as Universal Music Group by distributing allegedly manipulated tracks to social media platforms.

  • November 05, 2024

    Google, Nvidia Push To Toss YouTuber's IP Class Actions

    Google and Nvidia have asked a California federal court to dismiss a YouTube creator's proposed class actions accusing them and OpenAI in three nearly identical suits of copying his videos to train large language models, arguing the plaintiff has not asserted any copyright claims.

  • November 05, 2024

    Warner Bros. Says New Series Is 'Entirely Different' From 'ER'

    Warner Bros. Discovery's television unit is urging a California state judge to throw out contract claims brought by the widow of "ER" creator Michael Crichton, saying its upcoming medical drama "The Pitt" shares only generic concepts with the 15-season hit series.

  • November 05, 2024

    McDermott Lands Pharma IP Attorney From DLA Piper In SF

    McDermott Will & Emery LLP has added to its intellectual property group a former DLA Piper attorney who, a firm leader said, will strengthen the firm's litigation efforts in the life sciences space.

  • November 05, 2024

    Nixon Peabody Taps Leader For New Fintech Group

    A former mechanical engineering researcher who for years worked as a research assistant for his alma mater, Yale University, is moving his intellectual property and financial services practice from Duane Morris LLP to lead a recently launched Nixon Peabody LLP group, the firm announced Monday.

  • November 05, 2024

    On The Ground: How Attorneys Safeguarded The Election

    Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.

  • November 04, 2024

    NYT Says Discovery In OpenAI Suit Isn't Going 'Smoothly'

    The newspapers suing OpenAI and Microsoft Corp. over allegedly using copyright-protected news stories to train ChatGPT say they now have a "fundamental disagreement" with the tech companies "about who is responsible" for identifying which of their news stories were allegedly used by the artificial intelligence software.

  • November 04, 2024

    Firm Says 3D Printer Biz Owes $7.2M For Patent Trial Win

    Less than a year after obtaining a $17.3 million verdict from a Delaware federal jury in a patent case over 3D printing technology, one of the firms behind the win says its erstwhile client hasn't paid it over $7 million in legal fees.

  • November 04, 2024

    Startup Beats $460M Cancer Trade Secrets Case In Delaware

    In front of a federal jury in Delaware, a California biotech startup has defeated a nearly $460 million trade secrets case from a rival that claimed the startup's co-founder helped himself to confidential information regarding cancer treatment antibodies while employed as an expert in an unrelated international arbitration proceeding.

  • November 04, 2024

    Judge 'Sorry' Before IP Retrial: 'My Mind Has Been Elsewhere'

    A New York federal judge has apologized for not being prepared at a pretrial conference ahead of a damages retrial between lighting fixture company Lutron Electronics and the company whose window shade patent it was found to infringe, GeigTech East Bay.

  • November 04, 2024

    Boeing Agrees To End Virgin Galactic Secrets, Contract Fight

    Boeing has agreed to end a breach of contract and trade secrets lawsuit it launched against Virgin Galactic stemming from a deal for a Boeing subsidiary to develop certain aircraft used to launch commercial spaceships.

  • November 04, 2024

    Finance Cos. Can't Prove Trade Secret Theft, Conn. Court Told

    A Connecticut financial adviser denied stealing trade secrets from his former firm and improperly accessing its computer systems after he resigned to run his own company, telling a state court that his onetime employer and its affiliates cannot prove the allegations in a lawsuit they brought against him.

  • November 04, 2024

    Ericsson Settles Cell Site Patent Case On Eve Of Texas Trial

    Ericsson reached a settlement over cellular infrastructure patents on Friday, allowing Verizon, AT&T and T-Mobile to avoid a looming trial in Texas federal court over their use of the technology.

  • November 04, 2024

    Patent Co. Looks To Combine Antitrust Case With Consumers

    Patent-holding company VoIP-Pal.com is asking a D.C. federal judge to consolidate, at least for pre-trial purposes, its own Wi-Fi calling antitrust suit against Verizon, AT&T and T-Mobile with a proposed class action it launched making many of the same claims.

  • November 04, 2024

    Pa. Jury Finds Fastener Co.'s Ads Infringing, But Charts OK

    A Philadelphia jury has delivered a mixed verdict in an industrial fastener manufacturer's intellectual property lawsuit against its competitor, finding that Peninsula Components Inc. improperly used Penn Engineering & Manufacturing Corp.'s "PEM" trademark in its online ads, but deciding that the mark's appearance on specification comparison charts was fair use.

  • November 04, 2024

    NJ Judge Blocks Sun Pharma From Launching Hair Loss Drug

    A New Jersey federal judge has blocked for now Sun Pharmaceutical Industries from launching a product meant to treat hair loss in the U.S., handing Incyte a win in its patent infringement lawsuit against the India-based company.

  • November 04, 2024

    Boston Dynamics Sues Supplier Over Delayed Robot Parts

    Boston Dynamics says a New Hampshire company is holding millions of dollars worth of components for its industrial robots "hostage" as leverage to renegotiate its contract, according to a lawsuit filed in Massachusetts state court.

  • November 04, 2024

    Sandoz Wins $70M In Antitrust Suit Over Hypertension Drug

    A New Jersey federal court awarded Sandoz Inc. just over $70 million in damages in a case accusing biopharmaceutical firm United Therapeutics Corp. of blocking the sale of a generic version of a hypertension medication, according to a Friday order.

  • November 04, 2024

    University Of Miami Wins Trademark Feud Over 'Canes' and 'U'

    A Florida federal judge has agreed to block an online retail company from selling products that use any symbol that is similar to trademarks the University of Miami has relating to its colored "U" symbol and the school's use of the word "Canes."

  • November 04, 2024

    Justices Say Gov't Can Join Oral Arguments In $47M TM Case

    The U.S. Supreme Court said Monday it will allow Solicitor General Elizabeth Prelogar to participate in oral arguments in a case where the justices will consider whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment, even though they were not defendants.

Expert Analysis

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Opinion

    Bring Back Patent Models To Shut Down The Patent Trolls

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    By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • 5 Considerations For Obviousness-Type Double Patenting

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    The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

  • Patent Lessons From 7 Federal Circuit Reversals In August

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    The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.

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