Intellectual Property

  • April 30, 2024

    FTC Continues To Target 'Junk' Drug Patents

    Federal trade officials told a series of pharmaceutical companies — including the makers of the controversial diabetes and weight loss drug Ozempic — that they may have listed faulty patents in a key register of a federal drug database.

  • April 30, 2024

    Fed. Circ. Upholds TM Win For Brazilian Hair Products Co.

    A Tuesday precedential ruling from the Federal Circuit sided with a Brazilian hair products maker in its legal fight with a Massachusetts businessman over who could claim a Portuguese phrase celebrating curly hair.

  • April 30, 2024

    Ex-DraftKings Exec Blocked From US Role At Rival Fanatics

    A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.

  • April 30, 2024

    Hospital Says IP Spat Shouldn't Delay Children's Center Build

    A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.

  • April 30, 2024

    Alden Newspapers Allege OpenAI, Microsoft Rip Off IP

    Eight regional newspapers owned by private equity giant Alden Global Capital sued OpenAI and Microsoft in New York federal court Tuesday, accusing the tech companies of ripping off the newspapers' copyrights and misappropriating news articles to train AI chatbots that also allegedly spread fake news falsely attributed to the newspapers.

  • April 30, 2024

    Kimmel Calls Mocking Santos' Cameo Vids 'Classic' Fair Use

    Late-night TV host Jimmy Kimmel has urged a Manhattan federal court to toss a copyright complaint from indicted former congressman George Santos over Cameo clips the comedian tricked him into making for fodder on his show, saying videos to "mock a controversial political figure" are a "quintessential example" of fair use.

  • April 30, 2024

    Conn. Firm Settles Copyright Feuds Over Website Photos

    The Connecticut consumer law firm Lemberg Law LLC and its managing attorney have agreed to settle two suits tied to a multistate copyright battle with a stock photo provider that arose in 2020 after the firm was accused of using images on its website without permission, and then countered that it was the victim of an extortion attempt.

  • April 30, 2024

    No Coverage For Foundation's Counsel In IP Row, Judge Says

    A Kansas federal court tossed two counterclaims a Kansas State University-affiliated philanthropy lodged against its insurer over coverage for a man's claims that it stole his economic development ideas for the university, finding the insurer has no duty to pay for the philanthropy's own choice of counsel.

  • April 30, 2024

    Sens. Want Clarity On Foreign College Athletes' NIL Rights

    Lawmakers on Monday pressed the Biden administration for guidance on the ability of foreign-born college athletes to earn money through advertisements and publicity deals, stressing that imprecise visa rules have confused the athletes.

  • April 29, 2024

    OpenAI Case Not Ready For Lead Counsel Pick, Judge Says

    A California federal judge has rejected authors' pick for interim lead counsel in a case accusing OpenAI of copyright infringement, ruling that the request was made too early and must wait until class certification has been decided.

  • April 29, 2024

    Pfizer Inks $25M Deal Ending Leftover Effexor Antitrust Claims

    A proposed class of indirect buyers have asked a New Jersey federal judge to greenlight a $25.5 million settlement to end allegations that Pfizer unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant Effexor XR.

  • April 29, 2024

    'Shark Tank' Sweatshirt Biz Cozies Up With $18M IP Verdict

    A federal jury in Phoenix has found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks of two brothers who sell the "Comfy" sweatshirt that was featured in an episode of "Shark Tank."

  • April 29, 2024

    Google Hit With Copyright Claims Over AI Image Generator

    A group of visual artists has filed a proposed class action claiming Google's text-to-image artificial intelligence tool Imagen is trained by copying "enormous amounts" of artists' copyrighted works without authorization, the latest suit challenging the use of vast datasets for AI training.

  • April 29, 2024

    Sandoz Says Biopharma Biz Added 'Poison' To Market

    More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.

  • April 29, 2024

    Mistrial Called In $86M Stent Patent Case Against Medtronic

    An $86 million case in Texas over stents sold by medical device giant Medtronic has ended in a mistrial after U.S. District Judge Alan Albright was notified that a juror didn't want to budge on a position that was at odds with the rest of the jurors.

  • April 29, 2024

    Netflix Defeats Ex-'Survivor' Star's Claim It Copied Show Idea

    A New Jersey federal judge on Monday tossed with prejudice a suit filed by former "Survivor" contestant Gervase Peterson alleging that Netflix's show "King of Collectibles: The Goldin Touch" infringes on a teaser video he produced, saying the alleged protectable ideas are generic reality show elements.

  • April 29, 2024

    Tilray-Owned Beer Co. Hit With 'Big Juicy' TM Suit

    Brewing company No-Li Brewhouse LLC has sued a competitor owned by cannabis giant Tilray Brands LLC in Washington federal court, accusing the rival of infringing its "Big Juicy" trademark for beers.

  • April 29, 2024

    Boehringer Accused Of Monopolizing Inhaler Product Market

    Boehringer Ingelheim Pharmaceuticals has manipulated the U.S. patent and drug approval system to unlawfully block makers of generic inhaler medications, health and welfare funds claimed in a lawsuit filed Monday in Connecticut federal court, arguing that the "availability of generics has tangible cost and life-saving effects."

  • April 29, 2024

    Ohio, Ky. Reps. Again Try To Abolish PTAB

    U.S. Reps. Marcy Kaptur, D-Ohio, and Thomas Massie, R-Ky., have introduced a pair of bills aiming to overrule much of current patent law, including abolishing the Patent Trial and Appeal Board and making injunctions more common.

  • April 29, 2024

    Chicago IP Firm Sues Again Over Atty Impersonation

    Intellectual property law firm Greer Burns & Crain Ltd. has filed a second trademark infringement suit claiming an unknown defendant has been using a nearly identical website domain name to impersonate its attorneys and request the release of court-ordered asset restraints, after winning a similar case last year.

  • April 29, 2024

    USPTO Seeks Input On How AI Use Should Affect Patentability

    The U.S. Patent and Trademark Office wants public input on how the proliferation of artificial intelligence should affect the office's evaluation of patentability, such as in the consideration of what qualifies as prior art and in assessments of a "person having ordinary skill in the art." 

  • April 29, 2024

    Fed. Circ. Gives HP Unit 2nd Chance To Challenge Camera IP

    The Federal Circuit on Monday revived a debate about whether FullView Inc.'s panoramic camera system patent should be invalidated as obvious, while affirming a California federal judge's decision that HP unit Polycom Inc. infringed that patent.

  • April 29, 2024

    ​​​​​​​Nike Settles TM Suit Against Bape Over Shoe Designs

    Nike has settled its trademark infringement suit accusing Bape of copying the "iconic" look of its Air Force 1 and Air Jordan sneakers, according to a notice of voluntary dismissal Monday, which comes nearly two months after a New York federal judge refused to nix the case.

  • April 29, 2024

    Alcon Owes $34M In Glaucoma Patent Row, Jury Finds

    A Delaware federal jury has found that Alcon and various related entities are on the hook for a $34 million judgment in a patent suit about medical devices to treat glaucoma launched by Sight Sciences.

  • April 29, 2024

    PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent

    A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions."

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • UK Ruling Revitalizes Discussions On Harmonizing AI And IP

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    The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.

  • Expediting Psychedelics Approvals In The US And Canada

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    Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • AI Takes Transformers Beyond Robots In Disguise

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    At the intersection of artificial intelligence and copyright law, the shape-shifting models known as transformers raise the question of whether using copyrighted materials to train such models constitutes a transformative use, says Sean Li at Benesch.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Del. Ruling Features Valuable Analysis For IPR Estoppel Args

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    Last month, the District Court of Delaware held in Prolitec v. ScentAir Technologies that IPR estoppel does not apply to device art, and the analysis in the case provides welcome illumination for how IPR estoppel arguments should be decided, says Chris Ponder at Sheppard Mullin.

  • Taking A Closer Look At Fed. Circ. Claim Construction Split

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    An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

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