Intellectual Property

  • April 18, 2024

    Cybersecurity Startup Loses 2 Patents At PTAB

    A small cybersecurity startup litigating in Virginia federal court against larger tech companies has failed to persuade the Patent Trial and Appeal Board not to invalidate the entirety of two patents covering ways of combating "evolving" online threats, among other things.

  • April 18, 2024

    Sale Offer Should Doom Jetaire IP Suit, Judge Says

    A Florida federal magistrate judge has said aviation company AerSale should get a win on arguments that not only did it not infringe a trio of Jetaire patents, but also that the patents are invalid.

  • April 18, 2024

    Kimmel Atty Defends Airing 'Patently Ridiculous' Santos Clips

    A lawyer for Jimmy Kimmel told a Manhattan federal judge Thursday that the fair use doctrine of U.S. copyright law allows the late-night host to air silly videos that he tricked indicted former congressman George Santos into making on the personalized messaging platform Cameo.  

  • April 18, 2024

    Biotech Co. NanoString Lands $393M Bid At Ch. 11 Auction

    Scientific instrument maker Bruker Corp. is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows.

  • April 18, 2024

    Ex-BigLaw Atty Can't Get Stalking Injunction Against Influencer

    A Florida state judge on Wednesday denied a former Greenberg Traurig LLP partner's request for a cyberstalking injunction against a social media influencer, saying the petitioner did not show enough evidence to justify it.

  • April 18, 2024

    Red Roof Franchise Co. Settles IP Fight With Motel Operator

    Red Roof Inn's Ohio-based location franchising company and the Toledo motel operator it accused of still using the hospitality chain's branding almost two years after its franchise agreement was terminated have agreed to settle the intellectual property dispute between them, according to a new joint notice.

  • April 18, 2024

    Hipgnosis Agrees To $1.4B Takeover By US Rival Concord

    Concord Chorus has agreed to buy its British music royalties rival Hipgnosis Songs Fund in an all-cash transaction worth $1.4 billion, as the U.S. company looks to add 1.2 million more songs to its portfolio, the companies said in joint statement Thursday.

  • April 17, 2024

    Mintz Sues Parking Meter Co. Over $4.3M IP Legal Bill

    Mintz Levin Cohn Ferris Glovsky and Popeo PC sued parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., in Massachusetts federal court Tuesday, accusing its former clients of owing $4.3 million in unpaid legal fees and interest for representing CivicSmart in a since-settled patent litigation.

  • April 17, 2024

    United Therapeutics Can't Bar Rival Lung Disease Drug

    Repeating himself for the second time in the last several weeks, a federal judge in Delaware on Wednesday said he won't stop a biochemical startup from launching a drug that would compete directly with one of United Therapeutics' biggest pharmaceutical products.

  • April 17, 2024

    Tesla Gets PTAB To Wipe Out Vehicle Charging Patent

    Tesla has persuaded the Patent Trial and Appeal Board to invalidate all claims of a Charge Fusion Technologies electrical charging patent, the latest development in a larger legal battle between the parties.

  • April 17, 2024

    Clarify DMCA Carveout For AI Research, DOJ Says

    The U.S. Department of Justice is showing some support for a proposal that could allow researchers looking into biases in artificial intelligence programming to bypass laws that limit access to copyright-protected AI models.

  • April 17, 2024

    3 Takeaways From Revived Obviousness Case On J&J Patent

    A Federal Circuit ruling from earlier this month that told a judge to reconsider upholding a Johnson & Johnson schizophrenia drug patent emphasizes that analyzing whether a patent is invalid as obvious requires focusing on what it actually claims and an inventor's creativity, attorneys said.

  • April 17, 2024

    3rd Circ. Erases $10M Judgment In Car Charities' TM Dispute

    The Third Circuit on Wednesday erased a $10 million judgment awarded to a charity that sells donated cars for children's education, saying a lower court made a series of errors in concluding that unreasonable delays did not bar claims from Texas-based America Can Cars for Kids in a trademark dispute with a similar charity.

  • April 17, 2024

    2nd Circ. Doubts Adidas Appeal In Thom Browne TM Case

    A Second Circuit panel on Wednesday appeared skeptical of Adidas' arguments that a Manhattan district judge gave improper instructions to a jury that shot down its trademark infringement claims against fashion brand Thom Browne, suggesting the lower court had laid out the issues fairly.

  • April 17, 2024

    Sport Flooring Co. Says Ex-Owner Stole Info To Start Rival Biz

    A former part-owner of a company that sells and installs performance flooring for college athletic facilities and health clubs has been sued by the prior company, which has claimed he stole proprietary information to jumpstart his own competing business.

  • April 17, 2024

    Texas Jury Hits Samsung With $142M Loss In IP Retrial

    A Texas federal jury on Wednesday said Samsung owes G+ Communications LLC $142 million for infringing two 5G wireless network patents, a huge win on retrial for G+, which was originally awarded less than half of that.

  • April 17, 2024

    Alien Influencer, Ex-Partners Walk Away From IP Row

    A Colorado federal judge has dismissed a lawsuit brought by a motivational speaker and self-described influencer who claims to have met with extraterrestrial beings known as the "Blue Avians," after the influencer and two former business partners agreed to drop dueling claims over movie projects and business ventures gone awry. 

  • April 17, 2024

    Sirius XM Faces Patent Row Over Vehicle Kit Product

    A Texas company that owns a patent on a high-bandwidth content distribution structure has filed a lawsuit in the Lone Star State accusing Sirius XM Holdings Inc. of infringing its intellectual property.

  • April 17, 2024

    Colo. Judge Slams Attys For Petty 'Squabbles' In Patent Fight

    A Colorado federal judge on Wednesday roundly rebuked lawyers fighting over patents for oil and gas equipment for filing "needless" motions that seemed to reflect their "interpersonal squabbles" rather than the interests of their clients, and threatened to sanction the attorneys if they ever drag the court into another petty fight.

  • April 17, 2024

    Ogletree Expands Into Western NY With Ex-Goldberg Atty

    Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.

  • April 17, 2024

    IBM Privacy Head Says AI Needs Transparency To Be Trusted

    To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.

  • April 17, 2024

    Chinese Vape Maker Accuses UK Co. Of Bumming Designs

    A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.

  • April 16, 2024

    7th Circ. Finally Freezes Hytera's $1M-Per-Day Sanctions

    The Seventh Circuit on Tuesday halted the daily $1 million fine and sales ban ordered against Hytera Communications for participating in Chinese litigation against a district judge's orders, after previously refusing to save the company from its "self inflicted wounds."

  • April 16, 2024

    Supreme Court Asked To Look At 'Original Patents'

    A Texas patent outfit is back at the U.S. Supreme Court with an appeal over a loss in the lower courts, this time over a reading of legal precedent involving patent law's rarely invoked "original patent" requirements.

  • April 16, 2024

    Caitlin Clark's WNBA Leap Set To Pay Off, Lift Women's Sports

    Although the first-year WNBA salary of Caitlin Clark will be relatively meager, she is in no financial straits because of dramatic changes to the laws and rules governing college athletes' ability to earn money in recent years, and experts say Clark's ascension is lifting up all of women's sports.

Expert Analysis

  • Energy Sector Takeaways From Biden's AI Executive Order

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    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.

  • 3 Types Of Evidence Excluded Pretrial In 2023 TM Cases

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    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.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    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.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    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.

  • Perils Of Incorporation By Reference At The Federal Circuit

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    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.

  • Series

    Performing Music Makes Me A Better Lawyer

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    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.

  • Comparing Christmas Carols: IP Issues In Mariah Carey Case

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    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.

  • Green Tech And IP From Obama Through Biden: What's Next?

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    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.

  • Breaking Down High Court's New Code Of Conduct

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    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.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    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.

  • How New Expert Rules Are Already Changing Court Decisions

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    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.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Open Issues At The USPTO And Beyond After Biden AI Order

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    President Joe Biden's recent executive order on artificial intelligence requires individual government agencies to develop their own principles and guidelines around the use of AI, leaving unanswered questions that will be important for any business that intends to rely on AI to create new or improved products or technologies, say Andrew Lustigman and Mary Grieco at Olshan Frome.

  • Overcoming IP Portfolio Challenges Amid Higher Patent Fees

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    As potentially higher U.S. Patent and Trademark Office fees contribute to a difficult future environment for IP leaders, attorneys who follow a series of practice tips to build a well-managed, valuable IP portfolio can help alleviate this potential financial burden, says Vincent Brault at Anaqua.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

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