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Intellectual Property
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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.
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April 03, 2024
1-800-Flowers Seeks $4.3M In Fees After Rival's IP Suit Failed
After dispatching a trademark infringement lawsuit from Edible Arrangements last month, rival retailer 1-800-Flowers.com told a Georgia federal judge on Tuesday it should be entitled to up to $4.3 million attorney fees for being forced to defend against the "anemic" and "oppressive" litigation.
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April 03, 2024
Mintz Adds Trademark Pro From Winston & Strawn In Calif.
Mintz Levin Cohn Ferris Glovsky and Popeo PC has hired an attorney for its intellectual property practice group who worked for more than a decade at Winston & Strawn LLP and spent brief in-house stints at Nike and video game company Capcom.
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April 02, 2024
Bong Maker Says Texas Company Is Ripping Off Its Trademark
A California-based bong maker says a Texas company used its registered trademarks on phony water pipes, telling a federal court Monday that the counterfeit marks leave customers confused and are causing the brand's reputation to go up in smoke.
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April 02, 2024
Podcast Agrees To Ax AI-Generated George Carlin Special
The makers of Dudesy, a comedy podcast created and written by artificial intelligence, have agreed to take down a fake comedy special that "resurrected" George Carlin and to refrain from using the late comedian's image, voice and likeness without permission, Carlin's estate told a California federal judge Tuesday.
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April 02, 2024
USPTO Stands By Proposal To Increase Many Patent Fees
The U.S. Patent and Trademark Office released a proposal Tuesday to increase many patent-related fees beginning next year, standing by planned hikes related to requesting continued examination, design patents and post-grant challenges that have drawn concern.
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April 02, 2024
'This Just Has To Stop': Judge Hits Hytera With $1M Daily Fine
An Illinois federal judge imposed a daily $1 million fine and other steep contempt sanctions against Hytera Communications on Tuesday, as she ripped the company for violating her order to refrain from participating in Chinese litigation that could undermine Motorola Solutions' $530 million mobile radio trade secrets trial win.
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April 02, 2024
Judge Notes There's No 'Jump To Conclusions' Mat In His Court
In throwing out a lawsuit against a luxury car brand, a Delaware federal judge likened an expert report proffered by a patent litigation outfit to the absurd "Jump To Conclusions" mat from the 1999 movie "Office Space."
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April 02, 2024
Lupin Scores Win In Rosacea Patent Fight With Galderma
A judge has found that Galderma failed on its allegations that Lupin infringed a pair of its patents that cover a rosacea drug, saying "Galderma has a theory but no proof."
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April 02, 2024
Frat That Allows Women Barred From Using 'Sigma Phi' Name
A federal judge in Detroit says that a University of Michigan fraternity is breaking the law by continuing to use the Sigma Phi name after the national fraternity excommunicated the group for accepting women.
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April 02, 2024
Calif. IP Owners Can't Intervene In NY Case, Judge Says
A New York federal judge has refused to let copyright holders who have sued in California into litigation in the Empire State accusing OpenAI and Microsoft of copyright infringement.
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April 02, 2024
Fed. Circ. Seems Ready To Revive Amarin's Skinny Label Suit
A Federal Circuit panel seemed wary Tuesday of a Delaware federal judge's decision to throw out Amarin Pharma Inc.'s infringement suit over Hikma Pharmaceuticals USA Inc.'s limited-use version of the blockbuster cardiovascular drug Vascepa, suggesting the district court may have been too hasty.
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April 02, 2024
Fed. Circ. Questions Attorney's Fee Award In Dish Patent Case
A Federal Circuit judge questioned a district court decision to award $3.9 million in attorney fees to Dish Network in its successful patent suit defense against Realtime Adaptive Streaming, picking apart a series of "red flags" that U.S. District Judge R. Brooke Jackson said should have prompted Realtime to drop its case well before summary judgment.
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April 02, 2024
USPTO Targeted In Brothers' Patent Litigation Campaign
Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.
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April 02, 2024
Samsung, Micron Notch PTAB Wins On Netlist Patents
The Patent Trial and Appeal Board decided Monday that two Netlist computer memory patents are invalid, in a win for Samsung, which was previously found to infringe the patents in a $303 million Texas verdict, and Micron, whose infringement trial was postponed to await the rulings.
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April 02, 2024
BigLaw Recruiter's Bid To Ditch $6M Ruling Fails At 5th Circ.
A BigLaw recruiter is on the hook for more than $6 million for stealing trade secrets and breaking a noncompete agreement with his former employer after the Fifth Circuit ruled client details taken by the recruiter were confidential information.
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April 02, 2024
Daiichi Gets Award Nixing Seagen Cancer Drug Claims OK'd
A Washington federal judge has refused to revive U.S. biotech company Seagen Inc.'s claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, ruling that an arbitrator who tossed the claims did not disregard the law.
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April 02, 2024
Fanatics Exec To Take Stand In DraftKings Noncompete Suit
A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.
Expert Analysis
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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.
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Green Tech And IP From Obama Through Biden: What's Next?
J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.