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Intellectual Property
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April 05, 2024
Chinese Insurer Awarded Nearly $15M Over Hotel Theft Suit
A California federal judge awarded a Chinese insurer nearly $15 million in damages after a man accused of conspiring to fraudulently claim ownership of New York City's JW Marriott Essex House Hotel and other luxury properties failed to appear in the action.
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April 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the BBC sued by former Georgian defense minister David Kezerashvili, Russian businessman Ildar Sharipov file a defamation claim against the publisher of the Liverpool Echo newspaper, MEX Group Worldwide sue Barclays and NatWest, and a climbing gear company hit retailer Next with a claim of copyright infringement. Here, Law360 looks at these and other new claims in the U.K.
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April 04, 2024
Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late
Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.
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April 04, 2024
Coach Accuses Gap Of IP Theft Over Old Navy 'Coach' Tees
Luxury fashion company Coach Inc. sued The Gap Inc. for alleged trademark infringement in California federal court Tuesday, accusing the global apparel giant of illegally advertising and hawking a line of Old Navy T-shirts that display the word "Coach" in an effort to free ride off Coach's brand and reputation.
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April 04, 2024
'Halfhearted' Hytera Filings Not Enough To Lift Hefty Sanctions
Hytera Communications' daily $1 million fine and other sanctions for violating an Illinois federal judge's anti-suit injunction stayed in place Thursday as she ordered the company to submit a fourth, more "meaningful" request in China to halt a lawsuit it lodged against Motorola Solutions.
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April 04, 2024
9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor
The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.
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April 04, 2024
NY AG Asked To Weigh In On Multiple Sclerosis Drug Fight
The Federal Circuit is asking New York Attorney General Letitia James to weigh in on a patent dispute over a multiple sclerosis drug after it emerged that Acorda Therapeutics' challenge to an underlying arbitral award raises questions about the constitutionality of New York's voluntary payment doctrine.
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April 04, 2024
Athletes Say NCAA's Own Actions Prove NIL Rules No Good
Athletes suing the NCAA over restrictions on the use of their names, images and likenesses are seeking summary judgment, arguing the practice dampens competition with no legitimate justification and that the organization's own actions have shown that to be true.
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April 04, 2024
Arby's, Sonic, Dunkin Settle Mystery Shopper IP Claims
A Texas federal judge has stayed all deadlines in Fall Line Patents LLC's suit that accuses Arby's Restaurant Group Inc., Sonic Franchising LLC and Dunkin Brands Inc. of infringing its mystery shopper patent with their respective mobile applications, after the parties filed a joint bid saying they have settled their claims in principle.
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April 04, 2024
Kiss Sells Their Souls To PE Fund, Throws In Music Too
Less than a year after playing their final show, members of '70s rock band Kiss said on Thursday that they're selling off their intellectual property to a private equity outfit owned by the guitarist of ABBA who is already promising investors that "plans for a biopic, an avatar show, and a Kiss-themed experience are already in the works."
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April 04, 2024
Huawei Slated For 2026 Sanctions, IP Theft Trial
A Brooklyn federal judge on Thursday set the trial of China's Huawei Technologies and affiliates for 2026, over prosecutors' claims that Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
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April 04, 2024
Microsoft Unit Gets Fed. Circ. Alice Win On Imaging Patents
The Federal Circuit on Thursday gave a win to a software company acquired by Microsoft for nearly $20 billion, affirming a decision that claims in four medical imaging patents it was accused of infringing are invalid for claiming only an abstract idea.
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April 04, 2024
Divided PTAB Invalidates RFID Claim It Previously Upheld
A Patent Trial and Appeal Board panel has invalidated part of an AmaTech Group Ltd. smart card patent on rehearing, finding fault in its earlier decision to uphold the claim across two opinions and a dissent.
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April 04, 2024
Coder's Late Expert Report Sank IP Suit, 6th Circ. Rules
A panel of the Sixth Circuit has refused to revive an industrial control system designer's claims that a former business partner infringed his and his business's copyrighted software, backing a Michigan federal court's decision to exclude a critical expert witness.
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April 04, 2024
Ex-BigLaw Atty's Defamation Injunction Bid Meets Skepticism
The Florida federal judge overseeing a $150 million defamation case between an ex-Greenberg Traurig LLP partner and a social media personality accused of mounting a harassment campaign against him declined, for now, to issue an injunction against alleged cyberstalking and indicated the petition may be better suited for state court.
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April 04, 2024
MLS Resolves Copyright Suit Over Use Of San Diego Mural
Major League Soccer has reached an undisclosed settlement with a company that accused the league's newest soccer club in San Diego of using one of its outdoor murals there to promote the team.
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April 03, 2024
Dell Unit Snags $4M In Atty Fees In Computer Module IP Spat
A Massachusetts federal judge has awarded a little over $4 million in attorney fees to Dell Inc. unit EMC Corp. following its win in decadelong litigation accusing it of infringing nearly a dozen computer module patents, according to a decision unsealed Tuesday.
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April 03, 2024
Microsoft Notches Fed. Circ. Win In 3D Imaging Patent Fight
The Federal Circuit on Wednesday backed a ruling from an administrative tribunal that wiped out most of a patent issued to a Florida radiologist and his ex-Lockheed Martin business partner, whose company is suing Microsoft over its line of HoloLens AR headsets.
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April 03, 2024
Winning Foreign Patent Damages Just Became A Lighter Lift
The Federal Circuit has clarified that patent owners can ask for reasonable royalties when pursuing damages for foreign infringement and expanded what constitutes eligible infringement in those instances, a ruling attorneys say should make it easier to recover damages from abroad.
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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.
Expert Analysis
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Supreme Court Amgen Ruling's Major Effect On Enablement
The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Fed. Circ. Cellect Ruling Triggers Significant Patent Risk
A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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6 Focus Areas For Companies Managing The Risks Of AI Use
To harness the significant and potentially transformative benefits that generative artificial intelligence can confer, companies must establish appropriate oversight and governance, ensure appropriate disclosures, and resolve other regulatory and legal challenges arising from deployment, say attorneys at Shearman.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.
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Trends That Tech Lawyers Should Keep An Eye On In 2024
Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.
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Copyright And Generative AI Developments To Watch In 2024
This year could bring clarity to critical copyright issues raised by the recent surge of development in generative AI platforms, as Congress continues its legislative focus in this area and litigation tests theories of liability, say Joshua Weigensberg and Felicity Kohn at Pryor Cashman.
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Emerging Risks Affecting The Tech Legal Landscape
The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Expect National Security Scrutiny Of Higher Ed To Continue
In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.
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Medtronic's Cautionary Tale Of Fed. Circ. Word Limits
The Federal Circuit's ruling in Medtronic v. Teleflex that Medtronic waived an argument that it had sought to incorporate by reference illustrates the pitfalls facing parties in complex patent cases involving numerous issues that cannot all be addressed within the strict word limits for appellate briefs, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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What One Litigator Learned Serving On A Jury
Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.
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Lessons In Navigating Collateral Estoppel Of Similar Patents
The Patent Trial and Appeal Board's recent holding in Google v. Parus that rehearing was appropriate under collateral estoppel illustrates best arguments in inter partes review for any issue that could arise in a later proceeding, including dependent claim limitations, say attorneys at Akin.