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Intellectual Property
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March 21, 2024
Atty Takes Fight Over VLSI's 'Extortion' Claims To Fed. Court
A Minnesota lawyer and a company he is affiliated with are taking their dispute with patent outfit VLSI Technology to Virginia federal court in an effort to fend off accusations that he is behind an "extortion" effort disguised as a petition to the Patent Trial and Appeal Board.
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March 21, 2024
Report Ranks Lawmakers On IP But Finds Few Are Engaged
The Council for Innovation Promotion issued a report Thursday ranking members of Congress on their support for strong intellectual property rights, praising a few "IP champions," criticizing some detractors, but concluding that "the vast majority of legislators fail entirely to engage meaningfully on IP."
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March 21, 2024
Ford Says $350K TM Jury Award Can't Be Boosted To $15M
Ford Motor Co. on Wednesday urged a Michigan federal court to deny a tech company's request to boost an unfair competition award against Ford from less than half a million to $15 million because the tech company didn't challenge Ford's sales and profit data at trial.
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March 21, 2024
NY Disbars 'Copyright Troll' Atty For Ignoring Orders, Lying
A suspended New York attorney who became known as a "copyright troll" has been disbarred, with a state appeals court concluding that a long pattern of noncompliance with court orders and making false representations during cases merits the punishment.
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March 21, 2024
Business Coalition Rebuffs Biden Plan To Seize Drug Patents
The Biden administration's proposal to exercise so-called march-in rights to seize drug patents would harm innovation in the U.S., according to an assemblage of business-focused groups.
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March 21, 2024
Teleflex Catheter Patent Makes It Through Fed. Circ.
The Federal Circuit on Thursday opted to leave untouched an administrative patent board ruling that rejected a legal effort to invalidate a patent covering a type of catheter that's sold by Teleflex.
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March 21, 2024
TTAB Rejects 'ZPile' TM As 'Descriptive' Of Metal Sheet Piles
A construction materials company's attempt to register "ZPile" as a trademark has failed at the Trademark Trial and Appeal Board, which affirmed an examining attorney's denial of the mark because it's "merely descriptive" of a term known in the industry as a type of metal sheet pile.
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March 21, 2024
Fed. Circ. Upholds Edwards' PTAB Win On Heart Valve Patent
The Federal Circuit has affirmed a Patent Trial and Appeal Board finding that various parts of medical technology maker Cardiovalve's patent on an artificial heart valve implant were invalid as obvious.
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March 21, 2024
Pool Company Aims To Bar Rival's False Ads After Verdict
A swimming pool equipment manufacturer is looking to permanently ban a competitor from using deceptive marketing techniques on Amazon after a federal jury in North Carolina slapped the rival company with a nearly $15 million verdict for false advertising and unfair business practices.
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March 21, 2024
Barings' Exec Helped Raid Employees To Join Rival, Suit Says
A former executive of the investment firm Barings LLC is accused of joining a rival firm who together conspired to hire away 21 Barings employees and then offered to buy the decimated Barings unit for "on the dollar" in "one of the largest corporate raids at an asset manager in years," a suit alleges.
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March 21, 2024
Frost Brown Hires West Coast IP Talent From Lewis Roca
Frost Brown Todd has announced the addition of two intellectual property attorneys from Lewis Roca Rothgerber Christie LLP, including the former managing partner of two IP-focused Lewis Roca offices in California.
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March 21, 2024
USPTO Expands Types Of E-Signatures Allowed For Patents
The U.S. Patent and Trademark Office will allow filers to sign patent documents using a wider range of third-party electronic signature platforms, including DocuSign and Acrobat Sign, starting Friday.
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March 21, 2024
Faegre Drinker Hires Indianapolis Litigation Boutique Founder
Faegre Drinker Biddle & Reath LLP has hired a founding partner of Indianapolis litigation boutique Hoover Hull Turner LLP, who joins the firm as a partner to continue her practice centered on business litigation matters, the firm recently announced.
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March 20, 2024
Metals Co. Gets Injunction Bid Revived In Fireproofing IP Case
The Federal Circuit on Wednesday upheld a California federal judge's decision scrapping a royalty award that metals company CEMCO won after a jury found a smaller rival induced infringement of several fireproofing patents, but the circuit vacated the judge's denial of the company's permanent injunction bid.
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March 20, 2024
USPTO Won't Weigh In On Samsung Chip Patent Fight
The U.S. Patent and Trademark Office's deputy director has turned down appeals from a California company seeking to overturn patent board rulings that could unravel a $303 million verdict against Samsung that has yet to make it through a federal court in East Texas.
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March 20, 2024
PTAB To Analyze Moderna COVID Vaccine Patents
The Patent Trial and Appeal Board has agreed to review two Moderna COVID-19 vaccine patents challenged by rivals Pfizer and BioNTech as having "unimaginably broad claims directed to a basic idea that was known long before."
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March 20, 2024
Spanish Investment Co. Beats Slovak TM Opposition In EU
A Spanish investment company has won an appeal to revive its trademark application, as European officials ruled that buyers of financial services paid a "high degree of attention" and wouldn't think that the sign was linked to a Slovak company.
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March 20, 2024
Digital Comms Filings Bolster Record EPO Applications
Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.
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March 20, 2024
Tech Partner Takes Reins Of New AI Team At Phillips Lytle
Phillips Lytle this week became one of the latest firms to unveil a dedicated team focused on artificial intelligence, with a partner experienced in technology and business matters poised to lead that group of seven attorneys overall.
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March 20, 2024
EU Commission Builds 'Toolkit' To Fight Counterfeiting
The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues.
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March 20, 2024
Boehringer Wins Diabetes Treatment Patent On Appeal In EU
Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.
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March 20, 2024
Stroller Co., Music Publisher Agree To End IP Row Over Song
Music distributor Third Side Music Inc. and car-seat maker Evenflo Co. Inc. have agreed to end a lawsuit that claimed Evenflo used a "sound-alike" song in its advertisements that allegedly infringed Third Side's rights to music by the electronic band Sofi Tukker, according to a filing in Ohio federal court.
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March 20, 2024
Upper Deck Settles Suit Over 1998 Michael Jordan Photo
Upper Deck and the owner of a 1988 photo of NBA legend Michael Jordan have agreed to settle a California federal lawsuit that accused the trading card giant of making millions off the famous photograph without permission.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
EU's AI Act Disclosure Rules Could Spark Further Litigation
The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.
Expert Analysis
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A Look At Healthcare Timelines Set By Biden's AI Order
President Joe Biden's artificial intelligence executive order establishes standards for using AI in the healthcare industry, including a number of staggered deadlines that should help coordinate a more unified federal approach to AI governance, say attorneys at Holland & Knight.
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Trending At The PTAB: Administrative Procedure
A pair of recent Federal Circuit rulings on Patent Trial and Appeal Board inter partes review shed light on applications of the Administrative Procedure Act, adding to an ever-growing body of case law showing the board's final written decision must be based on arguments clearly put forth by the parties, say Robert High and Benjamin Saidman at Finnegan.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance
A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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How Cos. Can Protect Privacy In The Age Of AI
The rapidly developing landscape of generative AI and the related legal and regulatory concerns means that what is compliant today may not be tomorrow, and companies must take a pragmatic approach to compliance that anticipates future legal changes, say attorneys at Goodwin.
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Opinion
USPTO's Changes To Rule 704 Contain Some Inherent Risks
The USPTO's changes to Rule 704 relating to patent term adjustments is fraught with peril not only for the applicant but also personal jeopardy for any attorney who uses this rule, says Allen Hoover at Fitch Even.
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Multiwork Statutory Licenses Offer Models For Generative AI
If courts do not find fair use to be an available defense for training large language models, then statutory licenses set forth in the Copyright Act's satellite and cable sections may provide potential standards for a multiwork, multistakeholder statutory license for generative AI purposes, says Gary Greenstein at Wilson Sonsini.
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7 NIL Considerations For Brand Deals With Student-Athletes
While the constantly changing laws, rules and regulations for name, image and likeness in collegiate athletics are difficult to navigate, the benefits of a brand's successful NIL marketing campaign can outweigh the challenge of traversing this complex framework, say attorneys at Arnold & Porter.
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Cos.' Trade Secret Measures Must Adjust To Remote-Work Era
Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.
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White House AI Order Balances Innovation And Regulation
President Joe Biden’s recently issued executive order on artificial intelligence lays out a sprawling list of directives aimed at establishing standards for safety, security and privacy protection, and may help strike the balance between the freedom to innovate and the need to impose regulation in this rapidly evolving space, say Kristen Logan and Martin Zoltick at Rothwell Figg.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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ITC Ban On Apple Watch Could Still Be Reversed
The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.
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Examining US And Europe Patent Disclosure For AI Inventions
As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.