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Intellectual Property
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August 14, 2024
Lewis Brisbois, Atty Battle Over Immunity In Texas TM Case
Lewis Brisbois Bisgaard & Smith LLP and a Texas lawyer accused of ripping off the BigLaw firm's name battled over the issue of attorney immunity in post-hearing briefings Tuesday, with the firm writing that the Fifth Circuit "has made itself clear" that the lawyer can't be shielded from the case.
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August 14, 2024
Baker Botts, Sumner Schick Seek $14.3M In Fees For IP Win
Baker Botts LLP and Sumner Schick LLP are seeking nearly $14.3 million in attorney fees plus almost $1.8 million in costs for representing Computer Sciences Corp. in a trade secrets dispute where the IT company won $168.4 million after a Texas jury found Tata Consultancy Services willfully misappropriated CSC's proprietary information.
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August 14, 2024
Chancery Says Unisys Must Advance Ex-Workers' Legal Fees
Pennsylvania information technology company Unisys Corp. must front the legal fees and expenses for two executives it hired away from French competitor Atos SE and then sued for trade secret infringement after they went back to Atos two years later, Delaware's Court of Chancery has ruled.
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August 14, 2024
Oil Equipment Co. Says Ex-Workers Took Patent-Pending Tech
An oilfield equipment company has taken two of its former workers and the competitor they left for to Texas federal court over claims the ex-employees absconded with its patent-pending oil valve technology and then shared it and other trade secrets with their new employer.
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August 14, 2024
Crowell & Moring International Hires IT Foundation Leader
Although Nigel Cory's profession as an international trade expert might have come as a surprise to his parents, their work was a catalyst for what became his decades-long fascination with working on trade issues, he told Law360 Pulse in an interview on Tuesday about his recent move to Crowell & Moring LLP's public policy affiliate.
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August 13, 2024
Beef With OpenAI's CEO Irrelevant To TM Suit, Judge Says
A California federal judge appeared open Tuesday to trimming counterclaims filed by a man accused by OpenAI of preventing the ChatGPT-maker from registering its name as a trademark, criticizing the allegations for being too generalized and driven by irrelevant "disgruntlement" against OpenAI CEO Sam Altman.
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August 13, 2024
Take Me Out Of WDTX, Tech Supplier Cries
A Chicago tech manufacturer says LinkedIn profiles aren't enough to keep it from getting away from the Western District of Texas' U.S. District Judge Alan Albright in a patent case involving microchip patents brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
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August 13, 2024
Stratasys Accuses Bambu Lab Of Infringing 3D Printing IP
American-Israeli 3D printing company Stratasys filed a pair of infringement cases in Texas federal court against a group of Chinese-based entities, accusing them of designing, making and selling Bambu Lab-branded printers that copy several of its patents.
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August 13, 2024
Halliburton Gets PTAB To Mostly Invalidate US Well Patent
A Patent Trial and Appeal Board panel largely invalidated claims of a fracturing patent owned by U.S. Well Services LLC challenged by Halliburton Energy Services Inc.
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August 13, 2024
Entresto Release Delayed As Novartis Goes To Fed. Circ.
A Delaware federal judge said Monday that Novartis is unlikely to prove that it's entitled to an injunction that would block MSN Pharmaceuticals from launching a generic version of its top-selling drug Entresto, but stayed the generic release briefly so Novartis could appeal to the Federal Circuit.
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August 13, 2024
New Balance Fails To Snip Nike's Flyknit Infringement Claims
Nike Inc.'s lawsuit claiming New Balance Athletics Inc. infringed its Flyknit patents can advance, a Massachusetts federal judge ruled Tuesday — rejecting arguments that some of the allegations are barred by a Federal Circuit decision involving Adidas.
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August 13, 2024
2nd Circ. Rewinds Tinder's 'Super Like' Theft Coverage Suit
A Second Circuit appeals court panel asked a lower court Tuesday to reconsider whether Tinder owner Match Group notified its insurer in time to cover underlying claims by a product developer who said he wasn't paid for inventing the app's "Super Like" function.
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August 13, 2024
Google, Twitter Get Wins Upheld In Targeted Ad Patent Suits
A Federal Circuit panel on Tuesday summarily affirmed Twitter and Google's wins before the U.S. Patent Trial and Appeal Board in a matter concerning targeting advertising software patents, upholding a decision that found the tech giants had shown enough evidence to render the patents at issue as obvious based on prior art.
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August 13, 2024
Spinal Implant Patents Verdict Must Stand, Pa. Judge Says
A Pennsylvania federal judge declined to order a new trial Tuesday in a patent infringement suit brought against medical device maker Globus Medical Inc., ruling that the jury verdict in the company's favor had sufficient evidentiary support and that the jurors did not seem confused by the law at issue.
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August 13, 2024
Las Vegas Jury Deals Out A Verdict Of No Infringement
A lawsuit surrounding a "rotatable shuffler" that has been going on in Nevada federal court for the better part of a decade has finally ended, with a Las Vegas jury finding that the maker of a roulette-style gambling machine did not infringe a patent covering a different kind of card shuffling machine.
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August 13, 2024
Fed. Circ. Restores J&J, Allergan's Viberzi IP After Del. Loss
The Federal Circuit fully revived claims of patents covering Allergan's bowel treatment drug Viberzi on Tuesday, overruling a Delaware federal judge who said the claims don't meet obviousness-type double patenting or written description requirements.
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August 13, 2024
Lenovo Gets Partial Victory In Patent Suit Information Fight
A federal court has ordered technology company InterDigital to hand over certain records to Lenovo as part of a patent infringement suit, reasoning that the latter company met the pleading standards under North Carolina law.
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August 13, 2024
Ex-McCarter & English Client Wants To Undo Malpractice Loss
A New Jersey pharmaceutical business is urging a New Jersey state court to reconsider its decision to throw out the company's malpractice case against McCarter & English LLP, saying the firm "brazenly" misstated part of the timeline of the case's lengthy history.
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August 13, 2024
Rival Building Suppliers Net $3M Deal To End Competition Tiff
A New York building supplier will pay its California rival $3 million to resolve allegations that it poached employees in North Carolina and stole trade secrets to unfairly compete in the region, according to settlement documents provided to Law360.
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August 13, 2024
Tech Cos. Spar Over $117M Interest On $262M Patent Verdict
Hard drive maker Western Digital Technologies Inc. and patent holder MR Technologies GmbH went back and forth on the patentee's requested $117 million prejudgment interest bid for a $262 million infringement verdict in its favor, with Western Digital calling the requested amount "an unjustified windfall."
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August 13, 2024
Hogan Lovells IP Litigator Joins Nixon Peabody In SF
Nixon Peabody LLP continues to boost its intellectual property team, announcing Monday it is bringing in a Hogan Lovells IP and technology litigator as counsel in its San Francisco office.
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August 12, 2024
AI Art Cos. Can't Yet Ditch Artists' Copyright Claims
A California federal judge on Monday refused to throw out artists' copyright infringement claims against four companies that make or distribute software that creates images with text prompts, but he did toss several other claims in their proposed class action, including unjust enrichment and breach of contract.
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August 12, 2024
Trump Owes $3M For Using Isaac Hayes Song, Family Says
Late soul legend Isaac Hayes' family demanded former President Donald Trump pay a "discounted" $3 million license fee for playing the singer and songwriter's tune "Hold On, I'm Coming" at campaign rallies without permission, saying they stood ready to sue and seek a much steeper infringement fee if Trump refuses.
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August 12, 2024
DeFi Org Inks Deal To Get Crypto Patent Suits Dropped
Cryptocurrency advocacy group the DeFi Education Fund on Monday announced it reached an agreement with a blockchain solutions firm it accused of "trolling" a pair of decentralized crypto protocols, purchasing the patent at issue and dedicating it to the public in return for a dismissal of the suits.
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August 12, 2024
Lululemon Gets PTAB To Review Nike Flyknit Patent
The Patent Trial and Appeal Board will evaluate whether all claims of a Nike patent covering its Flyknit line of sneakers are invalid, in a challenge brought by Lululemon.
Expert Analysis
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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How Life Science Companies Are Approaching UPC Opt-Outs
A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.