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Intellectual Property
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April 04, 2024
Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late
Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.
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April 04, 2024
Coach Accuses Gap Of IP Theft Over Old Navy 'Coach' Tees
Luxury fashion company Coach Inc. sued The Gap Inc. for alleged trademark infringement in California federal court Tuesday, accusing the global apparel giant of illegally advertising and hawking a line of Old Navy T-shirts that display the word "Coach" in an effort to free ride off Coach's brand and reputation.
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April 04, 2024
'Halfhearted' Hytera Filings Not Enough To Lift Hefty Sanctions
Hytera Communications' daily $1 million fine and other sanctions for violating an Illinois federal judge's anti-suit injunction stayed in place Thursday as she ordered the company to submit a fourth, more "meaningful" request in China to halt a lawsuit it lodged against Motorola Solutions.
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April 04, 2024
9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor
The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.
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April 04, 2024
NY AG Asked To Weigh In On Multiple Sclerosis Drug Fight
The Federal Circuit is asking New York Attorney General Letitia James to weigh in on a patent dispute over a multiple sclerosis drug after it emerged that Acorda Therapeutics' challenge to an underlying arbitral award raises questions about the constitutionality of New York's voluntary payment doctrine.
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April 04, 2024
Athletes Say NCAA's Own Actions Prove NIL Rules No Good
Athletes suing the NCAA over restrictions on the use of their names, images and likenesses are seeking summary judgment, arguing the practice dampens competition with no legitimate justification and that the organization's own actions have shown that to be true.
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April 04, 2024
Arby's, Sonic, Dunkin Settle Mystery Shopper IP Claims
A Texas federal judge has stayed all deadlines in Fall Line Patents LLC's suit that accuses Arby's Restaurant Group Inc., Sonic Franchising LLC and Dunkin Brands Inc. of infringing its mystery shopper patent with their respective mobile applications, after the parties filed a joint bid saying they have settled their claims in principle.
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April 04, 2024
Kiss Sells Their Souls To PE Fund, Throws In Music Too
Less than a year after playing their final show, members of '70s rock band Kiss said on Thursday that they're selling off their intellectual property to a private equity outfit owned by the guitarist of ABBA who is already promising investors that "plans for a biopic, an avatar show, and a Kiss-themed experience are already in the works."
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April 04, 2024
Huawei Slated For 2026 Sanctions, IP Theft Trial
A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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April 04, 2024
Microsoft Unit Gets Fed. Circ. Alice Win On Imaging Patents
The Federal Circuit on Thursday gave a win to a software company acquired by Microsoft for nearly $20 billion, affirming a decision that claims in four medical imaging patents it was accused of infringing are invalid for claiming only an abstract idea.
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April 04, 2024
Divided PTAB Invalidates RFID Claim It Previously Upheld
A Patent Trial and Appeal Board panel has invalidated part of an AmaTech Group Ltd. smart card patent on rehearing, finding fault in its earlier decision to uphold the claim across two opinions and a dissent.
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April 04, 2024
Coder's Late Expert Report Sank IP Suit, 6th Circ. Rules
A panel of the Sixth Circuit has refused to revive an industrial control system designer's claims that a former business partner infringed his and his business's copyrighted software, backing a Michigan federal court's decision to exclude a critical expert witness.
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April 04, 2024
Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism
The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.
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April 04, 2024
MLS Resolves Copyright Suit Over Use Of San Diego Mural
Major League Soccer has reached an undisclosed settlement with a company that accused the league's newest soccer club in San Diego of using one of its outdoor murals there to promote the team.
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April 03, 2024
Dell Unit Snags $4M In Atty Fees In Computer Module IP Spat
A Massachusetts federal judge has awarded a little over $4 million in attorney fees to Dell Inc. unit EMC Corp. following its win in decadelong litigation accusing it of infringing nearly a dozen computer module patents, according to a decision unsealed Tuesday.
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April 03, 2024
Microsoft Notches Fed. Circ. Win In 3D Imaging Patent Fight
The Federal Circuit on Wednesday backed a ruling from an administrative tribunal that wiped out most of a patent issued to a Florida radiologist and his ex-Lockheed Martin business partner, whose company is suing Microsoft over its line of HoloLens AR headsets.
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April 03, 2024
Winning Foreign Patent Damages Just Became A Lighter Lift
The Federal Circuit has clarified that patent owners can ask for reasonable royalties when pursuing damages for foreign infringement and expanded what constitutes eligible infringement in those instances, a ruling attorneys say should make it easier to recover damages from abroad.
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April 03, 2024
Fed. Circ. Wrestles With Crocs' 'Patented' Claim In False Ad Suit
Efforts by footwear brand Crocs to fight allegations that its use of the word "patented" broke false advertising laws drew confusion from a Federal Circuit panel on Wednesday, spurring one judge to remark that "there's nothing novel" about the material used to make Crocs' shoes.
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April 03, 2024
Fed. Circ. Gets Lost In Intricacies Of Standing In Patent Law
The Federal Circuit was thrown for a loop Wednesday in a case that asked whether the holder of an exclusive patent license could sue for infringement another company that could have acquired a license for the same patent by other means, with one judge calling the court's case law on the matter "very muddled."
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April 03, 2024
VLSI's Bid To Undo Intel Patent Win Is Scrutinized On Appeal
A Federal Circuit panel on Wednesday questioned VLSI's position that the Patent Trial and Appeal Board wrongly found claims of its computer memory patent invalid in a challenge by Intel, suggesting that a previous ruling may have foreclosed VLSI's argument.
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April 03, 2024
Hytera's Word Alone Won't Lift $1M-Per-Day Sanctions
An Illinois federal judge on Wednesday refused to lift a $1 million-a-day fine and other contempt sanctions against Hytera Communications without more proof it was out of options to derail Chinese litigation Hytera started against Motorola Solutions, saying she could no longer take the company's representations at face value.
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April 03, 2024
Models Get $95K Default Win In Strip Club Piracy Suit
A Washington federal judge ordered a Seattle strip club to pay a group of professional models $95,000 in damages on Wednesday, after finding it had engaged in "amateur piracy" by using their photos without permission and failed to defend itself.
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April 03, 2024
Sen. Durbin Urged To Pass Legislation To Curb Judge Shopping
A coalition of more than 20 organizations have called on Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, to curtail the use of judge shopping through legislation and oversight because they believe more is needed beyond the Judicial Conference of the United States' latest action to curb "right wing" influence over the courts.
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April 03, 2024
TikTok Defeats Video Tech Patent Suit Over 'For You' Feature
TikTok Inc. permanently defeated video technology developer 10Tales' infringement suit alleging the video-sharing giant's "For You" feature copied its invention covering a digital "recommendation system" presenting customized content relevant to users based on their social network information for advertising, after a California federal judge said Tuesday the concept was abstract and not inventive.
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April 03, 2024
Reba McEntire's Ex-Hubby Loses Bid To Cancel Farm Name TM
The ex-husband of country star Reba McEntire has lost a bid to cancel the trademark "Starstruck Farm" after the man who bought the property kept the name, with a Tennessee federal judge finding that McEntire's former husband, Narvel Blackstock, has not met his burden regarding likelihood of confusion or bad faith to profit off the name.
Expert Analysis
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Inside Higher Education's New FCA Liability Challenges
As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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Reviewing 2023's Global AI Landscape Across Practice Areas
2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.
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2024 Trends To Watch As AI And IP Litigation Intersect
Just as generative artificial intelligence tools have proven unpredictable, the resulting legal disputes may also hold a few surprises in store for 2024, as intellectual property litigation related to AI inputs, outputs and the tools themselves takes shape, say Philip Warrick and Chengming Liu at Irell & Manella.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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The Year In FRAND: What To Know Heading Into 2024
In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.
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NCAA Proposal Points To A New NIL Compensation Frontier
Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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How Int'l Student-Athlete Law Would Change The NIL Game
Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How The PTAB Landscape Shifted In 2023
Attorneys at Finnegan consider the impact of noteworthy Patent Trial and Appeal Board developments in 2023, including rulemaking, litigation, precedential decisions and director reviews that affected PTAB practice, and offer a reference for examining future proceedings and strategies.
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FDA's Recent Litigation Records Are Strong, But Imperfect
The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.
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Coming To Terms With Means-Plus-Function Patent Claims
Made-up patent claim terms can open arguments that means-plus-function claim interpretation applies under the Patent Act, but a series of practice tips, including the use of structural language immediately after introducing a claim element, can help avoid such perceptions, says Brad Luchsinger at Harness IP.
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5 Steps For Healthcare Companies After Biden's AI Order
Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.