Intellectual Property

  • June 26, 2024

    Ex-Ticketmaster Exec Pleads Guilty In Hacking Case

    A former director of client relations at Ticketmaster pled guilty Wednesday to taking part in a scheme to hack into a rival company's computer system in an attempt to gain a competitive advantage.

  • June 26, 2024

    Nantucket Festival Owner Sues Over Alleged Imposter Event

    The longtime operator of Nantucket's Wine and Food Festival says a former vendor has set up a competing event with a similar name, misleading potential participants into believing the original event was acquired and that the new name was merely a "rebrand."

  • June 26, 2024

    Apple Watch Improvement Is 'Inferior,' Docs Tell 9th Circ.

    Four cardiac specialists backed medical monitoring startup AliveCor against Apple in a Ninth Circuit amicus brief Tuesday arguing a district court wrongly nixed antitrust claims by crediting the phaseout of a heart rate monitoring algorithm as an improvement when all it did was deny patient access to "potentially life-saving" technology.

  • June 26, 2024

    Fed. Circ. Says No Fees For HID Global In Patent Suit

    The Federal Circuit has backed a U.S. Court of Federal Claims finding that HID Global Corp. can't have attorney fees after being let out of patent litigation brought by Giesecke & Devrient, but it affirmed on different grounds.

  • June 26, 2024

    House GOP Gears Up For The End Of Chevron Deference

    A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.

  • June 26, 2024

    Authors Suing OpenAI Must Hand Over Pre-Suit Test Data

    A California federal magistrate judge ordered a group of authors accusing OpenAI of copyright infringement to hand over information related to their pre-suit testing of the company's artificial intelligence bot ChatGPT, saying they waived their ability to say it's protected work product by including some test results in their lawsuit.

  • June 26, 2024

    Newspapers Rip OpenAI, Microsoft Bids To End Copyright Suit

    Eight newspapers accusing Microsoft Corp. and OpenAI Inc. of infringing copyrights of their works to train their chatbots have blasted the companies' dismissal bids in New York federal court, saying OpenAI's motion reads "like a press release" instead of a legal argument and that Microsoft is "focused on telling its story," which the papers contend "is full of holes."

  • June 26, 2024

    US Leads Charge As $7T Poured Into Intangible Assets In 2023

    Investment in intangible assets grew at more than triple the pace of physical investment over the past 15 years to reach $6.9 trillion in 2023 with the U.S. and the U.K. leading the spend, the World Intellectual Property Organization has said.

  • June 25, 2024

    NC Judge Bars Consultant From Lying About Packaging Patent

    A North Carolina federal judge has enjoined a patent owner from "making bad-faith, objectively false assertions of infringement" to insulated box maker Eco Fiber Inc.'s customers, as past assertions to the company's main customer have put it at "severe risk of losing [its] business."

  • June 25, 2024

    Riley Safer Expands IP Practice With Chicago Partner

    Chicago firm Riley Safer Holmes & Cancila LLP has bolstered its intellectual property practice by bringing on board an experienced litigator from Goldman Ismail Tomaselli Brennan & Baum, the law firm announced Tuesday.

  • June 25, 2024

    PTAB Wipes Out UMass Skin Disease Treatment Patent

    The Patent Trial and Appeal Board has sided with Forte Biosciences in invalidating a University of Massachusetts patent on treating the skin disease vitiligo, ruling that the patent does not adequately describe the invention or enable a skilled person to make and use it.

  • June 25, 2024

    Sporting Cos. Must Face Shotgun Shell Maker's TM Suit

    A shotgun shell producer's failure to search the internet for violations of his trademark does not make the claims in his lawsuit untimely, a Georgia federal judge ruling Tuesday, saying a majority of claims related to the use of his "Quik-Shok" mark fall within the allowable time limits for lodging a challenge.

  • June 25, 2024

    Fed. Circ. Restores Amarin's Skinny Label Suit Against Hikma

    The Federal Circuit revived litigation Tuesday accusing Hikma Pharmaceuticals USA Inc. of inducing physicians to infringe patents covering Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa in a case over limited-use generics.

  • June 25, 2024

    Prolitec Can't Dodge Claims In Air Freshener Patent Dispute

    A federal judge in Delaware has refused to toss patent infringement counterclaims against Prolitec concerning designs for a computer-operated scent delivery system owned by ScentAir, saying it's too early for a ruling.

  • June 25, 2024

    Judge Moves Music Publishers' IP Suit Against AI Co. To Calif.

    A Tennessee federal judge has said the Volunteer State wasn't the right place to hear a copyright lawsuit from a group of music publishers against an artificial intelligence company, deciding to ship the case to California.

  • June 25, 2024

    Google Tells Fed. Circ. To Eye ITC's Powers If Chevron Ends

    As the U.S. Supreme Court considers abolishing or narrowing precedent requiring deference to the legal interpretations of government agencies, a key part of the U.S. International Trade Commission's patent authority should be reconsidered, Google has told the full Federal Circuit.

  • June 25, 2024

    Fed. Circ. Won't Ship Patent Suit Against Apple Back To Texas

    The Federal Circuit on Tuesday denied a bid from patent-owning technology company Haptic Inc. to send its infringement suit back to Texas after it was transferred to California earlier this year, saying it wasn't going to second-guess the lower court's decision.

  • June 25, 2024

    Snell & Wilmer Adds Kirkland IP Partner In DC

    A longtime Kirkland & Ellis LLP litigator has jumped to Snell & Wilmer LLP's intellectual property group in Washington, D.C., the firm announced Monday.

  • June 25, 2024

    Breaking IP Barriers: Q&A With Harrity's Elaine Spector

    Harrity & Harrity LLP partner Elaine Spector has helped shape multiple firms' leave policies after watching other parents face pressure to work shortly after having a child.

  • June 24, 2024

    Nixon Peabody Snags IP Litigator From Davis Wright In LA

    Nixon Peabody LLP continues to fortify its intellectual property practice with the addition of a former Davis Wright Tremaine LLP litigator, who joins as counsel in the firm's Los Angeles office.

  • June 24, 2024

    Justices Will Weigh Liability Of Corporate Affiliates In TM Row

    The U.S. Supreme Court will review 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 — in a case attorneys said Monday could have ramifications beyond the Lanham Act.

  • June 24, 2024

    ITC Shouldn't Oversee Patent Disputes, Utah Law Prof Argues

    The U.S. International Trade Commission should no longer be in control of deciding when infringing imports are banned from the country, a prominent patent law academic at the University of Utah's S.J. Quinney College of Law says.

  • June 24, 2024

    Pet Toy Maker Says It Never Inked Parent Co. Licensing Deal

    Pet toy maker Kong has told a Colorado federal judge that it never gave a parent company permission to use its trademark for a line of large animal toys, claiming in motions that the company used the Kong brand anyway and deleted social media accounts with evidence of the infringement.

  • June 24, 2024

    AI Cos. Hit With Copyright Claims From Music Labels

    Two artificial intelligence startups are facing copyright litigation by Sony Music Entertainment and a group of major record labels, claiming they rip off artists' songs without getting consent.

  • June 24, 2024

    JPMorgan Should Save Data Sob Story For Feds, Argus Says

    TransUnion and its data unit Argus Information & Advisory Services have told a Delaware federal judge that they plan to seek dismissal of a JPMorgan Chase & Co. lawsuit tied to their recent $37 million settlement with the government over claims that Argus misused credit card data it was collecting from banks on regulators' behalf.

Expert Analysis

  • Attys Beware 2 Commonly Overlooked NIL Contract Issues

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    As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • Trending At The PTAB: Real Party In Interest And IPR

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    The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.

  • Investors Can Aid In The Acceptance Of Psychedelic Medicine

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    Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • The Fed. Circ. In May: The Printed Matter Doctrine's Scope

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    The Federal Circuit’s recent ruling in Ioengine v. Ingenico, which addressed the scope of the printed matter doctrine as applied to transmitted data or program code, restores the doctrine’s status as a relatively narrow part of patent law, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty

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    The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How AI Cos. Can Cope With Shifting Copyright Landscape

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    In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

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