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Intellectual Property
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June 18, 2024
Ex-Yukos Oil Investors Auction Russian Vodka TMs For €1.6M
The former shareholders of Yukos Oil Co. said Monday they have auctioned the Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, as they continue their effort to enforce $50 billion in arbitral awards against Russia.
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June 18, 2024
Samsung Bioepis Denies Infringing Blood Treatment Patent
Samsung Bioepis has fought back against a bid by Alexion to prevent it from selling a biosimilar version of a patented blood treatment drug by a rival, telling a court that this will not infringe the protections of an AstraZeneca subsidiary over the medicine.
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June 17, 2024
Startup Wants To Add More Than $200M To Boeing IP Verdict
Zunum Aero Inc. is urging a Washington federal judge to significantly boost a $72 million jury verdict against the Boeing Co. for misappropriating the electric jet startup's trade secrets, including adding $162.5 million in exemplary damages and nearly $52 million in legal costs and interest.
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June 17, 2024
Microsoft Renews Sanctions Bid Against Texas IP Law Firm
Microsoft asked a Texas federal court Friday to order Ramey LLP to pay its $100,000 attorneys' fees tab for "vexatiously" pursuing infringement litigation against it, even when the patent plaintiffs firm's now-former client CTD Networks LLC called for it to end.
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June 17, 2024
NJ Firm Defends Lien On Ex-Client's Patents After Unpaid Bills
A major New Jersey law firm said it has a "common law" right to place a lien on its former client's patents without telling it, after the "failed" biopharmaceutical startup fired the firm and stopped paying its outstanding legal bills.
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June 17, 2024
Judge Cements Decision Clearing Cisco From $2.75B Ruling
There will be not be a third trial for a cybersecurity startup that has seen its multibillion-dollar patent win turn into nothing at all, a Virginia federal judge has decided, after a second trial found that Cisco wasn't actually infringing its patents.
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June 17, 2024
'Anderson Method' Copyright Claim Gets Cut Ahead Of Trial
A California federal judge has handed Tracy Anderson's former employee Megan Roup a summary judgment win on the celebrity fitness trainer's copyright claim accusing Roup of ripping off her "Tracy Anderson Method" exercise routines, but concluded a jury should decide Anderson's sole remaining breach-of-contract claim in an upcoming November trial.
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June 17, 2024
Male Enhancement Pills Infringe RAW Trademark, Co. Says
HBI International, the American distributor of the RAW line of smoking products, has filed a lawsuit in Georgia federal court alleging Mash Enterprise LLC used "identical copies" of its trademarks, trade dress and copyrighted packaging to sell male enhancement pills and beverages.
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June 17, 2024
Top Patent Eligibility Rulings In The Decade Since Alice
The U.S. Supreme Court's Alice v. CLS Bank decision 10 years ago this week led to scores of inventions being found ineligible for patenting, and rulings since then have fleshed out the law on the contentious topic. Here's a look at the most notable patent eligibility decisions after Alice.
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June 17, 2024
Huawei Slams Netgear's 'Tenuous' RICO Case
Huawei has responded to a racketeering and antitrust case from a major U.S. maker of Wi-Fi routers by calling it "rife with tenuous legal and factual claims" and comparing its reworking of patent infringement allegations to the U.S. Federal Trade Commission's failed antitrust case against Qualcomm.
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June 17, 2024
Fed. Circ. Says Errors Led To Injunction In Trade Secrets Suit
A Federal Circuit panel on Monday overturned a preliminary injunction against a South Korean insulin pump patch manufacturer that allegedly stole trade secrets from a rival, saying a Massachusetts federal court made a series of errors in its determination to grant an injunction.
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June 17, 2024
Boeing, Virgin Can't Agree To Injunction's Scope In IP Row
Boeing and Virgin Galactic have clashed over whether Virgin can share information with outside contractors gleaned as part of a failed aircraft development contract, as Boeing's suit accusing Virgin of breaching the deal and misappropriating trade secrets moves forward in Virginia federal court.
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June 17, 2024
Repeat Violations Land Ore. Forwarder Export Denial Order
An Oregon-based package forwarder has lost export privileges just days before clearing a three-year probationary period for alleged unlicensed rifle scope exports, after an audit revealed 176 new violations, the U.S. Department of Commerce announced Monday.
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June 17, 2024
Tesla Slaps Supplier With $1B EV Battery Trade Secrets Suit
Tesla is accusing one of its suppliers of corporate espionage in a $1 billion California federal lawsuit, saying that Matthews International has even tried to claim it invented the stolen trade secrets for manufacturing electric vehicle batteries by incorporating the confidential information into patent filings.
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June 14, 2024
Meta Halts AI Tech Debut In EU After Regulatory Backlash
Meta Platforms Inc. said Friday that it was putting on hold plans to expand its artificial intelligence offerings to the European market after the Irish privacy regulator raised concerns about the company's efforts to use public content posted on Facebook and Instagram to fuel these models.
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June 14, 2024
Tata Must Pay $168M For Trade Secret Theft, Texas Judge Says
A Texas federal judge has ordered Tata Consultancy to pay $168 million for willfully misappropriating an IT company's trade secrets concerning source code and life insurance software documentation, plus $25 million in prejudgment interest.
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June 14, 2024
Amazon Slams Co.'s Bid For $180M Interest On $525M IP Win
Amazon urged an Illinois federal judge Thursday to reject software company Kove IO Inc.'s demand for $180 million in interest and fees on top of a $525 million infringement verdict relating to cloud data storage patents, arguing Kove delayed bringing its case for years since it sought to start a business venture with Amazon.
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June 14, 2024
Amazon On Hook For $122M In Ad Patent Case, Jury Says
A federal jury in Waco, Texas, said Friday that Amazon should pay a small advertising software outfit almost $122 million, which was on the lower end of a request that stretched upward to $348 million.
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June 14, 2024
Motif Gets Most Of Impossible Foods Patent Trimmed At PTAB
The Patent Trial and Appeal Board has invalidated claims of an Impossible Foods Inc. meat-substitute patent that food technology company Motif Foodworks Inc. had challenged, finding they were obvious.
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June 14, 2024
Samsung Can't Get Stay After PTAB Axes IP In $303M Verdict
A Texas federal judge has refused to stay a case in which Samsung was found to have infringed computer memory patents that were later invalidated in parallel proceedings at the Patent Trial and Appeal Board.
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June 14, 2024
Justices Are Asked To Wade Into Blood Pressure Drug IP Fight
United Therapeutics is taking its patent case seeking to stop a rival from selling a drug that competes with its blockbuster treatment for high blood pressure to the U.S. Supreme Court.
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June 14, 2024
Court Says NYC Can Intervene In Cannabis TM Fight
New York City is looking to kill a Manhattan entrepreneur's trademark lawsuit over a cannabis themed cruise he claims stole his logos when advertised on Facebook, with the municipality arguing the businessman has been previously ordered to stop using its "NYC" logo.
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June 14, 2024
Judge Won't Undo Save Of J&J Patent After Fed. Circ. Ruling
A federal court has refused to reconsider a March decision finding Tolmar failed to show a patent on Janssen's blockbuster schizophrenia drug Invega Sustenna was invalid as obvious.
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June 14, 2024
3rd Circ. Won't Halt 'Made In America' False Ad Ruling
The Third Circuit will not pause an injunction against Albion Engineering Co. for falsely marketing its caulking guns as made in the United States, according to a Friday order declining to hold off the New Jersey federal court's order while the firm appeals.
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June 14, 2024
Off The Bench: Ex-Players Claim NIL, Loss For Trans Swimmer
In this week's Off The Bench, the 1983 men's college basketball champions want a piece of the loot the NCAA made off of their names, swimmer Lia Thomas loses in her bid to overturn an international trans athlete ban, and the House gets a bill through committee that would keep college athletes from becoming employees.
Expert Analysis
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling
In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.
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Should NIL Collectives Be Allowed Tax-Favored Status?
Arguments are being made for and against allowing organizations to provide charitable contribution tax deductions for donations used to compensate student-athletes, a practice with impacts on competition for student-athletes and overall tax fairness, but ultimately it is a question for Congress, say Andres Castillo and Barry Gogel at the University of Maryland School of Law.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Patent Damages Jury Verdicts Aren't Always End Of The Story
Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.
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Manufacturers Should Pay Attention To 'Right-To-Repair' Laws
Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.
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Why High Court May Have Rejected IP Obviousness Appeal
Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.
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Opinion
Viral Deepfakes Of Taylor Swift Highlight Need For Regulation
As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.
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A Guide To Using The DTSA For Misappropriation Recourse
Excerpt from Practical Guidance
Nicholas Armington at Mintz explains the ins and outs of drafting a misappropriation complaint under the Defend Trade Secrets Act, and how and why companies should think strategically about federal and state law when filing a claim.
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How Cos. Can Protect IP In Light Of FTC Noncompete Rule
While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.
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The Fed. Circ. In April: Hurdles Remain For Generics
The Federal Circuit’s recent Salix v. Norwich ruling — where Salix's brand-name drug's patents were invalidated — is a reminder to patent practitioners that invalidating a competitor's patents may not guarantee abbreviated new drug application approval, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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The Secret Sauce For Trademarking Viral Food Products
Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.
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Chanel TM Ruling Shows Resellers Must Tread Carefully
The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.