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Intellectual Property
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March 28, 2024
NY Garment Co. Appeals Valentino's Award In Copyright Feud
A garment manufacturer has asked a New York federal court to hold off on enforcing Valentino SpA's arbitral award for costs related to a copyright case, saying it is a small company and will be ruined if the Italian luxury brand collects its money while an appeal remains pending.
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March 28, 2024
Centripetal Rips Palo Alto Bid To Scrap $151.5M Patent Verdict
Centripetal Networks has urged a Virginia federal judge to reject Palo Alto Networks' request to discard a $151.5 million jury verdict against it for infringing cybersecurity patents or order a new trial, saying the evidence supports the infringement finding and the damages award.
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March 28, 2024
Judge Throws Out IP Suit, Citing Expired 3D Glasses Patent
A federal judge in Houston has tossed a lawsuit brought by a prolific patent litigator on behalf of VDPP LLC, holding that the patent covering 3D glasses had expired before the complaint was anywhere near a courthouse.
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March 28, 2024
10th Circ. Vacates Netflix Fee Award In 'Tiger King' IP Row
The Tenth Circuit on Thursday vacated an attorney fee award for Netflix in a copyright suit brought by a zoo employee whose footage was used in the show "Tiger King," just one day after the circuit court widely upheld the streaming giant's summary judgment win.
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March 28, 2024
Fed. Circ. Won't Stop Sales Of Heart Valve Testers
The Federal Circuit held Thursday that a California federal judge wasn't wrong to deny an injunction request after declaring that a "substantial question of validity" had been raised over a patent covering a way of testing the durability of a heart valve.
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March 28, 2024
Special Master Suggests Denying Bid To Toss Gaming IP Row
A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.
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March 28, 2024
ITC Judge Recommends General Exclusion In Wallet IP Case
A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.
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March 28, 2024
Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs
Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.
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March 28, 2024
4 Takeaways As Hollywood Asks For AI Deepfakes Laws
Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.
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March 28, 2024
Pfizer Wants Moderna Vax IP Case Paused For PTAB Review
Pfizer Inc. and BioNTech SE have asked a Massachusetts federal court to put on hold a COVID-19 vaccine patent case brought by rival biotechnology giant Moderna Inc. while they await a decision from the Patent Trial and Appeal Board on the validity of two of the three patents at issue.
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March 28, 2024
Jury Gives Cameron $9M Win In Fracking Patent Fight
A Texas federal jury has handed Cameron International Corp. a $9 million award after finding that Nitro Fluids LLC willfully infringed two of its patents covering aspects of certain fracking systems used in oil and gas production.
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March 28, 2024
NBA Pro Antetokounmpo Lays Suit Against Bed-Maker To Rest
NBA superstar Giannis Antetokounmpo has dropped his Wisconsin federal court lawsuit against luxury bed-maker Maree Inc., which he had accused of fraudulently scheming to mislead customers into thinking he had endorsed its products when he had not.
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March 28, 2024
Fees Awarded For 'Feeble' Milk Vitamin Eligibility Argument
A Delaware federal judge has ordered ChromaDex Inc. and Dartmouth College to pay attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge, saying he's rarely been more confident that a suit was unreasonable.
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March 28, 2024
Commerce Adds Export Admin Roles To Boost Nat'l Security
The U.S. Department of Commerce's Bureau of Industry and Security is adding two new deputy assistant secretaries for export administration as part of a modernization drive to meet its growing national security role, the assistant secretary announced Thursday.
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March 28, 2024
Ex-BigLaw Atty Calls For Injunction Amid Online Harassment
A former Greenberg Traurig LLP patent attorney locked in litigation in Florida federal court with a social media influencer over claims the influencer mounted a campaign to get him fired and destroyed his reputation reiterated his request for a cyberstalking injunction Thursday as he detailed disturbing recent instances of online harassment he has received.
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March 28, 2024
NC Atty Calls Airline Mogul's Bank Records Request 'Reckless'
A North Carolina attorney has asked a federal court to snuff a request by an airline tycoon to dig into the attorney's banking records as part of a hacking conspiracy lawsuit, arguing the request is an overbroad, "reckless" grab at irrelevant information.
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March 28, 2024
'Better Made' Chips Goes After 'Better Smoke' Pot
Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.
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March 28, 2024
NBCUniversal, DeLorean Settle 'Back To The Future' TM Suit
NBCUniversal Media LLC has settled a trademark infringement suit over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise, according to a notice filed Tuesday in California federal court.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 27, 2024
Kim Kardashian Accused Of Touting Fake Donald Judd Tables
Kim Kardashian bought knockoff Donald Judd tables and chairs for her Skkn By Kim office space and then touted the furniture in a video to her 2 million YouTube subscribers as authentic pieces designed by the late artist, according to a lawsuit filed Wednesday in California federal court.
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March 27, 2024
Warner Bros. Beats Claim It Stole Idea For 2022 'Batman' Film
A New York federal judge on Wednesday granted Warner Bros. and DC Comics separate wins in a suit accusing the entertainment giants of stealing a comic book artist's story idea for the 2022 movie "The Batman," finding it was actually the artist who exploited the Batman universe.
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March 27, 2024
Judge-Shopping Guidance Unlikely To Affect Patent Hot Spots
Recent guidance by the policymaking body for U.S. courts aimed at deterring "judge shopping" likely won't disrupt patent cases in Texas, experts say, since the suggestions are not mandatory and can be viewed as already being in place in popular patent districts.
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March 27, 2024
TikTok Star Ordered To Pay $805K To Sony For Sampling Song
A Texas federal judge on Wednesday ordered TikTok musician Trefuego to pay Sony Music Entertainment Inc. more than $805,000 for illegally sampling its licensed song "Reflections," but he denied Sony's bid for an injunction.
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March 27, 2024
ITC Judge Recommends Exclusion Order In Tourniquet IP Row
A U.S. International Trade Commission administrative judge has recommended the commission order that imports of products related to blood flow restriction be banned, handing a win to a pair of American medical product manufacturers.
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March 27, 2024
Citing Warhol, 10th Circ. Undoes Netflix's 'Tiger King' Win
The Tenth Circuit on Wednesday relied on last year's landmark U.S. Supreme Court ruling in the Warhol case to set aside a fair use win for Netflix Inc. in a copyright suit brought by a former zoo employee who livestreamed the funeral of the husband of "Tiger King" star Joe Exotic.
Expert Analysis
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Copyright Ruling A Victory For Innovation In Publishing Sector
The D.C. Circuit’s recent ruling in Valancourt v. Garland shows that demanding book copies without paying for them is arguably property theft, proving that the practice stifles innovation in the publishing industry by disincentivizing small printing companies from entering the market due to a fear of high costs and outdated government regulations, says Zvi Rosen at Southern Illinois University School of Law.
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3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs
Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
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Rethinking Tech Contract Terms For Governance Of AI Use
Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.
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Deploying Analogies To Explore AI Copyright Questions
Xin Shao at F. Chau & Associates translates two representative artificial intelligence copyright cases into more traditional copyright law scenarios to facilitate the direct application of legal theories to undisputed technological facts.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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What's At Stake In Bystolic 'Side Deals' Litigation
In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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Best Practices For Defense Tech Startup Financing
Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
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'Trump Too Small' Args Show Justices Inclined To Reverse
The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.
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FTC Orange Book Move Signals New Pharma Patent Scrutiny
The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Why The Effect Of Vivint Has Been Minimal
A survey of recent ex parte reexamination decisions since the Federal Circuit’s 2021 In re: Vivint decision appears to support the court’s conclusion that the ruling was limited in scope and would have limited impact, says Yao Wang at Fish & Richardson.
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.