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Intellectual Property
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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.
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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.
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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.
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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.
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June 24, 2024
Bid To Undo $71M Christmas Tree Patent Verdict Rejected
A Minnesota federal judge on Monday rejected a posttrial motion by Polygroup Ltd. seeking to overturn a $71.4 million judgment against it for infringing rival Willis Electric Co Ltd.'s artificial Christmas tree patent, saying the company failed to show that the verdict was against the clear weight of the evidence.
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June 24, 2024
Flag Football Co. Fights To Keep TM Dispute Alive
A simmering feud over the national leadership of flag football within the U.S. has intensified in Texas federal court, with the organization challenging the group holding itself out as the sport's governing body urging the judge to keep the dispute alive.
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June 24, 2024
DC Circ. Backs Gov't Contractor Win In Fight With Ex-Worker
The D.C. Circuit has backed a ruling that a former senior technical manager for government contractor Apprio Inc. breached a proprietary information agreement giving the rights of certain software he created over to the company.
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June 24, 2024
Research Co. Seeks Sanctions On Proud Boys Atty In IP Suit
A Texas research firm pursuing copyright infringement claims against a group of defense attorneys who represented members of the Proud Boys wants one of the lawyers sanctioned for filing "a frivolous and groundless counterclaim" in the D.C. federal court litigation.
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June 24, 2024
Catching Up With Delaware's Chancery Court
Amendments to Delaware's General Corporation Law topped the news out of the Court of Chancery again last week, as the hotly contested measure sailed through the state's legislature. Tesla and its shareholders continued their tug-of-war over attorney fees for Chancery litigation about Elon Musk's pay package, and new cases were filed involving biotechs, car rental companies, workout platforms, telecom towers, and a cargo ship fire in Brazil.
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June 24, 2024
High Court Passes On Religious Webcasters' Royalty Hike Suit
The U.S. Supreme Court refused Monday to review the federal Copyright Royalty Board's latest hike in royalty rates webcasters must pay to play audio recordings, turning away a radio trade group's appeal challenging one of the increases on religious freedom and administrative procedure grounds.
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June 24, 2024
High Court To Review $46.6M Award Over 'Dewberry' TM Fight
The U.S. Supreme Court on Monday granted a real estate development company's request to review a $46.6 million trademark infringement award that petitioners argued violated federal law by making its corporate affiliates responsible for the amount.
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June 21, 2024
Quinn Emanuel Rips Columbia's 'Utterly Meritless' Filing Bid
Quinn Emanuel Urquhart & Sullivan LLP told the Federal Circuit on Friday that Columbia University's bid to introduce a former Norton Lifelock computer scientist's declaration claiming the company's former lawyers at the firm are lying about his refusal to testify in the school's decade-long $600 million patent case is "utterly meritless."
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June 21, 2024
Apple Won't Offer AI Tools In EU Due To Regulatory Concerns
Apple confirmed Friday that the tech giant isn't planning on releasing new artificial intelligence features in the European Union this year due to "regulatory uncertainties" involving the bloc's new Digital Markets Act and the potential security risks that complying with the DMA could pose to Apple users.
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June 21, 2024
Drug Cos., IP Attys Back Cellect In High Court Efforts
A petition by patent litigation outfit Cellect that is looking to persuade the U.S. Supreme Court to wade into a double patenting dispute has drawn support from even more lawyers as well as a handful of major drugmakers and small tech companies like Sonos.
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June 21, 2024
Drugmakers Decline To Drop Patent Listings After FTC Letters
The eight pharmaceutical companies that the Federal Trade Commission warned in April may have improperly listed patents for its products in a key federal database have chosen not to remove any patents or otherwise alter their listings, according to a document released Friday.
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June 21, 2024
After Fed. Circ. Win, Bausch Sues Alvogen Over Drug Patents
Bausch's Salix Pharmaceuticals has launched a lawsuit against Alvogen's Norwich Pharmaceuticals unit in a New Jersey federal court, claiming that its planned generic version of Xifaxan, a blockbuster diarrhea and brain disorder drug, infringes a set of patents.
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June 21, 2024
Chicago Cubs Cry Foul Over Rooftop Owner's Ticket Sales
The Chicago Cubs have sued the owner of a rooftop venue with a view of Wrigley Field, accusing him of selling tickets for Cubs games and other events at the stadium despite having an expired license to do so and profiting off the infringement of the Cubs' intellectual property rights.
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June 21, 2024
In Ruling By Albright, Fed. Circ. Revives Apple Patent Review
The Federal Circuit on Friday vacated a Patent Trial and Appeal Board ruling that Apple failed to prove the invalidity of several claims of an Omni MedSci Inc. heart rate monitor patent, in the first decision by the appeals court authored by U.S. District Judge Alan Albright of the Western District of Texas.
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June 21, 2024
Treasury Unveils Rules Curtailing Outbound Tech Investments
The U.S. Department of the Treasury on Friday proposed rules to implement President Joe Biden's executive order aimed at restricting American investments in certain technologies that China is developing, including artificial intelligence systems, that are deemed threats to national security.
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June 21, 2024
Fed. Circ. Backs DraftKings, FanDuel Alice Win Over GPS IP
A New Jersey federal judge rightly dismissed Beteiro LLC's infringement suits against DraftKings, FanDuel and other gaming companies after finding its GPS patents can't meet patentability requirements, the Federal Circuit held Friday.
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June 21, 2024
5th Circ. Undoes Part Of TM Ruling In Appliance Stores' Fight
The Fifth Circuit on Friday partly reversed a Texas federal court's conclusion that a San Antonio appliance company infringed two marks of rival business Appliance Liquidation Outlet LLC, finding that while the name of the store is a valid trademark, the shorthand "Appliance Liquidation" is not.
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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."
Expert Analysis
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Tips For Keeping Trade Secrets In The Vault
Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.
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Reducing Patent Litigation Costs Starts With Early Strategy
With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift
A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.