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Intellectual Property
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September 06, 2024
Attys Urge Justices To Shield Corporate Veil In TM Case
More briefs landed Friday in the "Dewberry" trademark case currently before the U.S. Supreme Court — this time, from two groups of intellectual property lawyers who are concerned about the use of the Lanham Act to "pierce the corporate veil."
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September 06, 2024
NJ Medical Co. Claims Ex-Employees Conspired To Form Rival
A New Jersey medical communications agency said Friday that four of its former employees and the onetime U.S. president of biopharmaceutical company PharmaEssentia used its confidential information in a scheme to form a rival firm and steal millions of dollars of work from it.
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September 06, 2024
Ingersoll Rand Blocks Rival From Hiring Ex-Exec In NDA Fight
A Colorado state court has preliminarily blocked the former chief executive of a company acquired by industrial products giant Ingersoll Rand Inc. from working for rival Avantor, finding Ingersoll Rand will likely win its claims that the executive specifically agreed not to work for Avantor as a condition of the acquisition.
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September 06, 2024
Music Publishers Argue Their AI Copyright Case Is Different
Music publishing companies suing an artificial intelligence company over using song lyrics say that their copyright lawsuit is different from some other copyright suits against AI developers.
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September 06, 2024
ITC Judge Partially Clears Voltage Of Infringing Solar Patent
North Carolina solar provider Voltage LLC's imports of a "trunk bus" power transmission system infringe a patent owned by Tennessee-based competitor Shoals Technologies Group Inc., but a revised design of the product does not, an administrative law judge of the U.S. International Trade Commission has found.
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September 06, 2024
Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal
In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.
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September 06, 2024
NC Restoration Co. Wants Out Of Rival's Noncompete Fight
The new owner of a property restoration company caught in the crosshairs of a fight between its founders and their former employer has asked for a quick exit from the dispute, saying it can't be held liable for the founders' actions when the parties' real beef is with each other.
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September 06, 2024
No Redo On Eminem Licensing Ruling Over Spotify Plays
A Tennessee federal judge refused to rethink her decision in favor of Spotify on its third-party claims against the collection agent for Eminem's music publisher over a licensing dispute, stating Friday that the agent's arguments have been addressed already.
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September 06, 2024
Software Co. Targets Validity Of Data Tracker Patents
A software company pressed a North Carolina federal court to throw out a rival's patent infringement claims concerning software that allows businesses to track a website user's browsing without third-party cookies, arguing the patents are invalid.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Fox Rothschild Lands Entertainment Atty From Netflix In NY
An attorney who most recently worked for streaming giant Netflix is bringing his lifelong love of film and past working as a writer and producer to Fox Rothschild LLP.
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September 06, 2024
Glioblastoma Org. Wants End To Rival's Use Of 'GBM'
The Glioblastoma Foundation has hit a competing nonprofit with a suit alleging that the group's use of the initials "GBM" in its name has ripped off its trademark and sown confusion among donors who can't tell the two organizations apart.
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September 06, 2024
Platform Science Fights $19.3M Software Patent Verdict
Platform Science Inc. has urged a California federal judge to erase a jury's verdict that it owes $19.3 million to Qualcomm spinoff Omnitracs LLC for infringing its fleet management software patent, arguing that the verdict is improper and that the court should overturn it or order a new trial.
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September 06, 2024
Judge Newman's Suspension Extended For Another Year
Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.
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September 05, 2024
Nvidia, Microsoft Face Patent, Cartel Allegations In Texas Suit
A new lawsuit accuses Nvidia of holding "monopoly power" over the market on graphics processing in the artificial intelligence space and alleges the tech company is colluding with Microsoft and a prominent patent risk management company to squeeze out a small startup that claims to have developed the "fundamental intellectual property" behind that technology.
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September 05, 2024
MGA's O.M.G. Dolls Imitated Girl Group's Looks, Member Says
Toy company MGA Entertainment Inc.'s line of O.M.G. dolls imitated the signature looks of a pop group created by rapper T.I. called OMG Girlz, a member of the singing group testified Thursday in a California federal court retrial of a long-running intellectual property fight.
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September 05, 2024
NCAA's $2.78B NIL Deal Misses 1st Shot At Initial OK
A California federal judge declined Thursday to preliminarily approve a $2.78 billion deal to settle an antitrust class action targeting the NCAA's name, image and likeness compensation rules, saying counsel must "go back to the drawing board" on some of the deal's terms.
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September 05, 2024
TM Ruling Creates Way To Pierce Corporate Veil, Justices Told
A conservative legal group says that a Fourth Circuit ruling the justices have agreed to review over a $43 million trademark award in a fight between two businesses that use the name "Dewberry" provides a new way to pierce the corporate veil that "veers far from acceptable legal principles."
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September 05, 2024
Lupin Infringes Exeltis Contraceptive Patents, Judge Finds
Mumbai-based generic-pharmaceuticals company Lupin Pharmaceuticals Inc. has infringed five patents of the estrogen-free contraceptive Slynd, a Delaware federal judge said Wednesday, finding in favor of Spanish pharmaceutical company Insud Pharma and its New Jersey-based division Exeltis USA Inc. on all asserted claims.
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September 05, 2024
ITC To Investigate Synthetic Hair Cos. For Patent Violations
The U.S. International Trade Commission said it's launching an investigation after Atlanta-based JBS Hair Inc. claimed rival companies are importing synthetic hair that infringes ts patents.
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September 05, 2024
Guess What? The Guess Who Settled Their Intra-Band TM Suit
The trademark dispute between two halves of the Canadian rock band The Guess Who ended Thursday when the four rockers filed a joint stipulation asking a California federal judge to toss the lead singer and lead guitarist's claims that their two former bandmates were using the group's trademarks without permission.
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September 05, 2024
OpenAI Slams YouTuber's AI Training Class Action
OpenAI told a California federal judge that a proposed class action accusing it of unjustly enriching itself by training its large language model programs with transcripts of YouTube videos is just a "carbon copy" of similar claims already thrown out by the courts, arguing the complaint should be dismissed.
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September 05, 2024
Norton, Quinn Emanuel Decry $600M Patent, Contempt Ruling
NortonLifeLock and Quinn Emanuel Urquhart & Sullivan LLP again urged the Federal Circuit to overturn a $600 million patent infringement verdict against the company that was in part based on the firm's being held in contempt, with both saying the holding has serious flaws.
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September 05, 2024
Shoemaker Can't Avoid Birkenstock's Copycat Suit
A Massachusetts-based shoemaker and its manufacturer must face almost every intellectual property claim brought against it by Birkenstock after a federal judge declined to dismiss all but one claim in the popular brand's suit alleging design patent, trademark and trade dress infringement.
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September 05, 2024
UK Screen Directors Tap Ex-Disney GC To Seek Royalties
One year ago this month, Peter Wiley walked away from his job as chief international counsel for the Walt Disney Co., saying he wanted to "take a short break." And he did.
Expert Analysis
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M&A In The AI Era: Key Deal Terms To Watch
As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Trending At The PTAB: Multiple Petitions In IPRs
Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Series
After Chevron: Rethinking Agency Deference In IP Cases
The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Opinion
'Trump Too Small' Ruling Overlooks TM Registration Issues
The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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Fed. Circ. Skinny Label Ruling Guides On Infringement Claims
The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.