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Intellectual Property
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April 11, 2024
Jury Frees Urban Outfitters From Trade Secrets Suit
Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.
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April 10, 2024
Pfizer Unit Cuts $39M Deal Ending Effexor Antitrust Claims
A proposed class of direct buyers asked a New Jersey federal judge on Tuesday to approve a $39 million settlement to end allegations that Pfizer Inc. unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant drug Effexor XR.
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April 10, 2024
USPTO Outlines Possible Pitfalls For Attorneys Using AI
The U.S. Patent and Trademark Office on Wednesday detailed risks facing attorneys using artificial intelligence, warning that they must ensure that filings are accurate and humans played a role in inventions, which attorneys say illustrates that ethical rules are unchanged in the AI era.
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April 10, 2024
Gaming Rivals To Settle Patent Fight After $42.9M Verdict In Calif.
Skillz Platform Inc. and AviaGames Inc. have told a California federal court that they will settle a suit over mobile gaming, months after Skillz won $42.9 million in its patent infringement fight against its rival.
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April 10, 2024
Dems Introduce Bill To Codify Policy Barring Judge Shopping
Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.
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April 10, 2024
PTAB Will Review Pantech IP Soon After $10M Trial Win
LG Electronics has persuaded the Patent Trial and Appeal Board to review whether a pair of Pantech Wireless patents are invalid, just over a week after Pantech won a $10 million infringement verdict against OnePlus over similar technology.
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April 10, 2024
UGG, Wal-Mart Ordered To File More Details On Slipper Patent
A California federal judge has ordered Deckers Outdoor Corp. and Wal-Mart Inc. to submit joint briefing on claim construction for an UGG slipper design patent that Deckers alleges the big-box retailer is infringing, saying there is insufficient information for the court to make a decision on summary judgment.
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April 10, 2024
Plastic Surgeon Owes $7.7M From Offshore Scheme, US Says
A now-retired plastic surgeon owes the Internal Revenue Service more than $7.7 million after he ran an offshore employee leasing scheme and he and his wife transferred nearly all their assets to their then-11-year-old daughter, who is now a lawyer, the government told an Ohio federal court.
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April 10, 2024
Amazon Hit With $525M Verdict Over Data Storage Patents
An Illinois federal jury on Wednesday found that Amazon infringed three of a Chicago software company's patents relating to cloud data storage technology, determining that while the infringement was not willful, Amazon owes $525 million in damages.
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April 10, 2024
Congress Ponders IP Protections For Human-AI Creations
A U.S. House of Representatives panel examining intellectual property rights for works made with artificial intelligence grappled Wednesday with where to draw the line on how much human input should be required for creations to receive protections.
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April 10, 2024
Pharmacy Gets Eli Lilly's Mounjaro Suit Tossed
A Florida federal judge has thrown out Eli Lilly & Co.'s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law.
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April 10, 2024
Justices Asked To Ban FCA Suits Relying On Patent Reviews
Valeant Pharmaceuticals is going to the U.S. Supreme Court to argue that information cited in Patent Trial and Appeal Board reviews cannot later be used by whistleblowers in False Claims Act lawsuits.
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April 10, 2024
'Woodstock' Rivals Set To Test Weed-Adjacent Marks At Trial
The promoter of the famed 1969 Woodstock music fair sparred Wednesday in Manhattan federal court with an alleged usurper of its prospective right to Woodstock trademarks in the evolving marijuana market, with a jury set to hear the strangely postured dispute.
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April 10, 2024
Moderna Says Pfizer Is PTAB 'Tea-Leaf-Reading' In Vax IP Row
Moderna Inc. asked a Boston federal judge to deny Pfizer Inc.'s bid to pause a COVID-19 vaccine patent trial while the Patent Trial and Appeal Board reviews the validity of two of the three patents at issue.
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April 10, 2024
Maine Says Lobster Boat Tracking Counts As Legal Search
Maine's top fisheries' regulator is arguing that newly required electronic location tracking for some lobstering boats is a legal administrative search of commercial premises and has urged a federal judge to toss a lawsuit alleging the rule violates lobster fishers' constitutional rights.
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April 10, 2024
Merchant & Gould Adds IP Team From Oblon McClelland In DC
Merchant & Gould has expanded its intellectual property services in Washington, D.C., with the recent addition of a five-person team of attorneys who moved their practices from Oblon McClelland Maier & Neustadt LLP.
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April 09, 2024
Calif. Addiction Clinic Can't Shake Off Copyright Suit
An intellectual property and false advertising feud between two rival addiction outpatient clinics in Sacramento will go on, a federal judge in California has ruled.
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April 09, 2024
Venable Snags Trio Of Product Liability Partners From Steptoe
Three Steptoe LLP product liability and mass torts partners have departed the firm and joined Venable LLP in Chicago and Los Angeles, according to an announcement Tuesday.
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April 09, 2024
Why IP Attys Are Watching This $2B Trade Secrets Battle
A case of alleged corporate espionage involving two software companies that resulted in a $2 billion verdict has all the hallmarks of a legal thriller, and attorneys are watching the appeal closely to see how it could impact trade secrets litigation.
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April 09, 2024
Pfizer Cancer Drug Way Too Expensive, Biden Told
The U.S. government is being asked yet again to use patent laws to lower the price of a prostate cancer drug that was developed at UCLA and is being sold by Pfizer for $136 a pill in the U.S.
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April 09, 2024
Endo Sues FDA Over Generic Adrenalin Approvals
Endo has filed a lawsuit against federal health regulatory authorities, alleging that they are wrongfully giving the go-ahead for a generic version of the Adrenalin epinephrine injection, asking for a stay of the decision.
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April 09, 2024
Judge Sees Plot Holes In Case Against TV's 'Penny Dreadful'
A California federal judge has dismissed, for now, a writer's copyright infringement suit accusing cable channel Showtime and the makers of the show "Penny Dreadful" of ripping off her characters from posts she made in a online role-playing community forum called "Murders & Roses: Victorian London Crimes & Scandals."
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April 09, 2024
Jenner & Block Recruits Ex-Sheppard Mullin IP Litigator In SF
Jenner & Block LLP is boosting its intellectual property practice with the addition of a veteran trial lawyer as of counsel in its San Francisco office who was most recently with Sheppard Mullin Richter & Hampton LLP.
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April 09, 2024
Court OKs Decision Clearing Contractor Of Missed IP Deadline
A patent docketing contractor used by major remote law firm FisherBroyles can't be held liable for a "clerical mistake" that led to a missed patent application deadline and then a neurosurgeon's lawsuit potentially seeking nearly $102 million, with a Georgia appeals court affirming a lower court decision that the surgeon never should have relied on those dates in the first place.
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April 09, 2024
Medieval Times Drops Appeal In TM Battle With Union
Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.
Expert Analysis
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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.
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Key Takeaways From 2023 Trade Secret Developments
Attorneys at Faegre Drinker parse the past year's most significant trade secret rulings for practice tips, including the importance of establishing a confidential relationship when sharing trade secrets with third parties.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Perils Of Incorporation By Reference At The Federal Circuit
The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Comparing Christmas Carols: IP Issues In Mariah Carey Case
All that plaintiffs Andy Stone and Troy Powers want for Christmas this year is $20 million in damages from Mariah Carey in a federal copyright suit claiming her hit "All I Want For Christmas Is You" infringed on their earlier song by the same name, but they will have an uphill battle in demonstrating substantial similarity, says forensic musicologist Ethan Lustig.