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Intellectual Property
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April 08, 2024
Vidal Wants PTAB To Take Fresh Look At Radiator Patent Fight
The Patent Trial and Appeal Board has to take another look at its decision not to review a fight against a patent covering a way to stop decay on radiators in vehicles, the head of the U.S. Patent and Trademark Office has ruled.
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April 08, 2024
Paramount Wins IP Dogfight Against 'Top Gun' Story Heirs
A California federal judge has thrown out a copyright suit against Paramount Pictures Corp. filed by the family of a writer behind the source material of the film "Top Gun," finding that the entertainment giant did not infringe copyrighted material in the sequel, "Top Gun: Maverick."
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April 08, 2024
Starbucks Drops TM Suit After Fake Websites Go Dark
Starbucks has agreed to drop a trademark lawsuit claiming a pair of websites ripped off its "twin-tailed siren" logo and other brand material to sell fake franchise deals, saying in a recent Washington federal court filing that the allegedly unauthorized activity has stopped.
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April 08, 2024
Ex-BigLaw Atty Takes Stalking Injunction Bid To State Court
A former Greenberg Traurig LLP partner suing a social media influencer in a $150 million case alleging the influencer falsely accused the attorney of abuse in online videos on Monday moved to Florida state court an injunction petition to have the videos taken down.
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April 08, 2024
Hogan Lovells Recruits 3M Atty In DC Amid PFAS Focus
A former U.S. Department of Justice trial attorney has joined Hogan Lovells in Washington, D.C., from 3M Co. as businesses face growing regulatory scrutiny and litigation over chemicals known as PFAS, the firm announced Monday.
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April 08, 2024
Fed. Circ. Backs PTAB Decision Axing VLSI Patent Claims
The Federal Circuit on Monday upheld a decision by the Patent Trial and Appeal Board that found claims of a VLSI computer memory patent invalid in a challenge by Intel.
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April 08, 2024
New Balance, Golden Goose Agree To End 'Dad Shoe' IP Row
New Balance and rival shoe brand Golden Goose have settled a trademark infringement dispute over a style of chunky "Dad" sneakers sold by the two companies, according to a court filing.
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April 05, 2024
Apple Asks Fed. Circ. To Upend ITC Watch Feature Ban
The U.S. International Trade Commission overstepped its authority in banning the import of the Apple Watch after finding it infringes Masimo Corp. patents on technology measuring oxygen in blood, Apple told the Federal Circuit on Friday, saying Masimo rushed its claims before the commission without having a product practicing the asserted patents.
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April 05, 2024
Intel Takes VLSI License Defense To Texas After Dismissal
Intel brought its effort to secure a ruling that it has a license to VLSI chip patents in a multibillion-dollar dispute to a Texas court Friday, after a California judge unsealed a dismissal order holding that contract language barred her from deciding the issue.
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April 05, 2024
SITO Mobile Can't Get Fed. Circ. To Revive Patents
The Federal Circuit decided on Friday to leave unchanged a handful of patent board rulings lost by a bankrupt mobile tech company that has since launched suits against streamers such as Hulu and the fuboTV brand.
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April 07, 2024
7th Circ. Won't Save Hytera From 'Self-Inflicted' Wounds
A Seventh Circuit panel this weekend said Hytera Communications could not be trusted after it filed a Chinese lawsuit behind an Illinois court's back and brought a $1 million daily fine upon itself, as a federal judge said she needed written proof that a Chinese court had really dismissed the suit.
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April 05, 2024
Abbott Settles TM Suit Over Gray Market Diabetes Test Strips
Abbott Laboratories told a New York federal judge Friday that the company has settled what remains of its trademark litigation campaign against makers of gray market diabetes test strips that has been going on since 2015.
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April 05, 2024
Judge Lourie's Dissent Revives Debate Over FDA Safe Harbor
U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.
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April 05, 2024
Rapper French Montana Seeks Atty Fees For 'Frivolous' IP Row
French Montana has told an Illinois federal judge that a young musician who alleged that the rapper sampled his song to make his hit single "Ain't Worried About Nothin'" should cover the attorney fees and litigation costs he spent defending the "frivolous" copyright lawsuit, suggesting that he only filed it to gain publicity.
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April 05, 2024
Fed. Circ. Says Sumitomo's Expired Drug Patent Moots Appeal
The U.S. Patent and Trademark Office received a win on Friday when the Federal Circuit found that since Sumitomo Pharma's patent on a dosage regimen for a schizophrenia drug expired just before the appeals court heard oral arguments, the company's appeal of a decision invalidating all the claims is moot.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
New Partner Joins Nixon Peabody's IP Team In Chicago
Nixon Peabody LLP has brought on a pair of patent attorneys to its Chicago office, including a partner who worked at Fitch Even Tabin & Flannery LLP for more than 30 years.
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April 05, 2024
Texas Appeals Court Reverses IT Consulting Worker Spat
A Texas appeals court revived a suit brought by an information technology consulting company against its former worker, ruling that the company had shown enough evidence to go forward with the case and the trial court abused its discretion in granting a no-evidence summary judgment motion.
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April 05, 2024
Coachella Nabs TM Injunction Against DC 'Moechella' Backers
California's Coachella music festival secured a preliminary injunction in D.C. federal court barring the organizers of music and cultural events in Washington, D.C., from using the "Moechella" mark.
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April 05, 2024
Carl Sagan Co. Says It Owns Astronomer's Rights In TM Fight
A company managing the works of famed astronomer Carl Sagan said it has the rights to the scientist's name and likeness, telling a Michigan federal judge that it has the standing to sue a software company for allegedly using Sagan's name without permission.
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April 05, 2024
Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work
Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses.
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April 05, 2024
Walmart's Self-Checkout Patents Survive BJ's PTAB Attacks
Retail chain BJ's Wholesale Club was unable to persuade judges on an administrative patent board to knock out any claims from a pair of patents covering a self-checkout app that Walmart's Sam's Club brand is suing the rival over in Florida federal court.
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April 05, 2024
Sprint's $4.5M Nextel Trademark Win Upheld At 11th Circ.
Sprint Communications Inc. maintained a trademark on its line of walkie-talkie devices and deserved a $4.5 million jury award against an imitator for its unlawful use of the device name and distinctive "chirp" noise, according to an Eleventh Circuit panel ruling.
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April 05, 2024
Off The Bench: ACC Drama, Football Firing Suits Intensify
In this week's Off The Bench, Florida State University cannot escape an ACC lawsuit that may enforce a nine-figure penalty against the school if it should leave the conference, while both Northwestern University and the Arizona Cardinals face more legal headaches over their decisions to fire key personnel.
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April 05, 2024
IP Firm Sues Florida Attorney For Using Soundalike Name
Georgia-based intellectual property firm Bekiares Eliezer LLP has sued an attorney in Florida federal court, alleging he marketed his services with a name similar to its "Founders Legal" brand.
Expert Analysis
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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Data-Driven Insights On Optimizing PTAB Institution Decisions
A look at Patent Trial and Appeal Board institution decisions from the last six years highlights critical information a patent owner should know regarding trends in the board’s decision making when patents come under challenge, and which arguments to raise in preliminary responses, say Jacob Golan and Benjamin Anger at Knobbe Martens.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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What's At Play In Rising Lanham Act Cases At The ITC
Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.
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Key Factors In Establishing Compelling Merits At The PTAB
A look at over 450 Patent Trial and Appeal Board decisions between June 2022 and now provides insights into strategies for petitioners and patent owners in establishing compelling merits arguments in post-grant proceedings, say David Holman and Tyler Liu at Sterne Kessler.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Takeaways From USPTO's AI-Assisted Invention Guidance
Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.
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The Taylor Swift Effect: Leveraging IP Thresholds In Ads
The Cetaphil #GameTimeGlow commercial, which aired before the Super Bowl, has garnered attention for its indirect use of Taylor Swift-related symbols that were easily spotted by fans — sparking questions about the legality of nodding to the iconic pop star without violating intellectual property rights, say attorneys at Brooks Kushman.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.