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Intellectual Property
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November 19, 2024
Judge Rejects Infosys' Bid To Seal NDAs In Trade Secrets Row
A Texas federal judge shot down Indian tech company Infosys Ltd.'s efforts to seal nondisclosure agreements involved in a trade secrets case over healthcare software, ruling that there was "nothing commercially sensitive" about them.
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November 19, 2024
USPTO Urged To Revamp Computer Image Design Patent Rule
Intellectual property law groups and Apple Inc. have recommended that the U.S. Patent and Trademark Office allow design patents on computer icons shown using new technologies like holograms and augmented reality, saying a rule limiting protection to images on display screens is outdated.
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November 19, 2024
9th Circ. Grapples With $56M Verdict In TM Beer Battle
A Ninth Circuit panel on Tuesday weighed whether to uphold a $56 million trial victory for Stone Brewing over allegations that MillerCoors infringed the "Stone" mark with its Keystone beer, with judges digging into questions about whether Stone Brewing filed the suit late.
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November 19, 2024
OpenAI Faces Copyright Case From Indian News Co.
An India-based multimedia news company has hit OpenAI with a copyright suit alleging the ChatGPT developer is wrongly using the agency's published works to feed the platform's program, making it the latest news business to sue over the software.
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November 19, 2024
UK IP Firm AA Thornton To Become Part Of Venner Shipley
European firm Venner Shipley is expanding by snapping up the lawyers at London-based AA Thornton, growing its bench with expertise in the intellectual property area.
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November 19, 2024
Samsung Loses ITC Patent Case Against Chinese Screen Co.
Samsung has failed to convince a U.S. International Trade Commission judge to side with it in its intellectual property campaign against a major Chinese rival that makes replacement screens for mobile devices.
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November 19, 2024
Hemp Co. Hit With $100K Verdict, Loses Trade Secret Claim
A Texas jury has hit a hemp products maker with more than $100,000 in damages after finding it knowingly sold defective THC gummies to a CBD retailer and rejecting claims that the manufacturer owns a right to the rosin-based method of THC extraction.
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November 19, 2024
Legal Tech Co. Sues For AI Company's IP Release In Del.
A U.S. company formed to use proprietary artificial intelligence and other tech and metrics to analyze witness credibility and emotions in legal proceedings has sued an Italian firm alleging breach of a contract duty to hand over essential, licensed intellectual property.
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November 19, 2024
Fed. Circ. Backs Denial Of Video IP Injunction Against X
The Federal Circuit on Tuesday upheld a Texas federal judge's decision denying VidStream's bid to block X Corp. from deploying features that allegedly infringe its patent on a system for receiving and distributing user-generated video.
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November 19, 2024
EU Sanctions Bite Russian Patent Holders At EPO
The European Patent Office has rolled out fresh restrictions on patent requests made by Russian or Russian-affiliated entities, as it looks to bring the patent authority in line with the European Union's latest round of sanctions.
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November 19, 2024
Trump Names Wall St. Exec For Chief Commerce Role
Donald Trump will nominate longtime Wall Street financier Howard Lutnick to head up the U.S. Department of Commerce, the president-elect announced Tuesday, selecting a top member of his transition team to oversee a vast bureaucracy that grapples with key trade policies.
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November 19, 2024
Ohio Gov. Orders Immediate NIL Pay Until NCAA Deal Is Final
Ohio Gov. Mike DeWine has signed an executive order directing colleges in his state to immediately begin compensating student-athletes when their names, images or likenesses are used, saying it is needed as athletes await final approval of the settlement in massive NCAA litigation over NIL use.
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November 19, 2024
Longtime Barnes & Thornburg Atty Named IP Practice Chair
Barnes & Thornburg LLP has named one of its longtime attorneys and a member of its management committee as the chair of the firm's intellectual property department.
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November 19, 2024
McDermott Adds IP Pro From Gibson Dunn In Los Angeles
McDermott Will & Emery LLP announced Tuesday that it has hired partner Timothy Best from Gibson Dunn & Crutcher LLP to help bolster its intellectual property practice group, especially its efforts serving life sciences and biotechnology clients.
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November 18, 2024
Art Org. Freed From Suit Over Fake 'LOVE' Copyright Claim
A New York federal judge has freed a visual arts licensing organization from an art publisher's lawsuit accusing it of falsely claiming copyright ownership to late artist Robert Indiana's iconic "LOVE" image and scheming to fraudulently sell licenses for it, saying the publisher's claims didn't pass muster.
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November 18, 2024
Netgear Says Huawei Engaging In Global Patent 'Warfare'
Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.
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November 18, 2024
Melinta Obtains Ban On Generic Antibiotic Injections In IP Row
A drugmaker that recently sold a manufacturing facility to Eli Lilly for nearly $1 billion has failed to persuade a federal judge in Chicago to wipe out patents covering a line of injections that treat infections developed by a recently bankrupt antibiotic developer.
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November 18, 2024
Full 2nd Circ. Asked To Weigh Sheeran's 'Let's Get It On' Win
Structured Asset Sales LLC has asked the full Second Circuit to review a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," arguing the panel incorrectly affirmed a lower court's ruling that the Copyright Act of 1909 only protected the Motown song's sheet music.
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November 18, 2024
Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit
Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.
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November 18, 2024
Texas Judge Suggests Letting Influencers Battle Over 'Beige' IP
A federal magistrate judge has declared that a "feud between social media influencers" in Texas is the first of its kind in the country, as it's an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic."
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November 18, 2024
ITC Judge Clears Lenovo In Ericsson Patent Fight
A U.S. International Trade Commission judge has found that claims in a pair of Ericsson patents were invalid, handing a win to Lenovo in a case over mobile phones, laptops and other related products.
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November 18, 2024
1st Circ. Denies Lizzie Borden House Infringement Claim
The First Circuit won't bar a Massachusetts coffee shop from using the first name of historical figure Lizzie Borden and an image of an ax, finding that the company that owns and runs Borden's family home as a museum and bed and breakfast is unlikely to prove a trademark infringement claim.
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November 18, 2024
Medical Group Wants Justices To Review IP Safe Harbor Fight
A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.
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November 18, 2024
PPG Says Manager Stole Sales Data In Incora Move
PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.
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November 18, 2024
USPTO Director Kathi Vidal To Rejoin Winston & Strawn
Winston & Strawn LLP said Monday that Kathi Vidal, director of the U.S. Patent and Trademark Office, is slated to rejoin the firm.
Expert Analysis
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Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo
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.
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Series
Home Canning Makes Me A Better Lawyer
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.
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5 Considerations For Obviousness-Type Double Patenting
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.
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Patent Lessons From 7 Federal Circuit Reversals In August
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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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Trending At The PTAB: Evolution Of Granting Stays Post-AIA
Kara Specht and Guanshi Li at Finnegan take a look at the evolving trends in the Patent Trial and Appeal Board's authority to grant stays in parallel reexamination and reissue proceedings under the America Invents Act since 2019, showing that it has become exceedingly difficult to successfully argue against a stay in most cases.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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The Shifting Role Of Patent Attorneys In The Age Of AI
The integration of artificial intelligence into patent drafting represents a significant change in how legal work is performed, and patent attorneys must shift from manual drafting to a strategy-oriented approach, says Ian Schick at Draft Builders.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2nd Circ. Provides NY Pathway For Fighting Foreign Infringers
A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Consider Best Legal Practices For Commissioning Public Art
Commissioning public art for real estate projects can provide many benefits to real estate developers and the public, but it's important to understand the unique legal and contracting aspects of the process to ensure that projects are completed on time and on budget, says Sarah Conley Odenkirk at ArtConverge.