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Intellectual Property
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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.
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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.
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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."
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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.
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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.
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April 16, 2024
Fed. Circ. Is Told To Undo Transfer Of Apple Patent Case
A Texas federal judge has shipped to California a suit accusing Apple of patent infringement, prompting patent-owning technology company Haptic Inc. to appeal the decision to the Federal Circuit.
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April 16, 2024
Tai Sidesteps As GOP Reps Try To Pin Down Trade Timeline
Republicans on the House Ways and Means Committee castigated U.S. Trade Representative Katherine Tai on Tuesday for the administration's vague agenda regarding future trade deals and a long-awaited tariff review that she described as "optimistic" and "coming soon."
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April 16, 2024
Cooler Co. Says License Revelation Guts Rival's Patent Claim
A Canadian cooler maker has urged a Colorado federal judge to toss a rival's patent infringement claims in a dispute over soft-sided coolers, arguing that the rival failed to disclose a licensing agreement that shows it never had the right to claim infringement in the first place.
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April 16, 2024
Winston & Strawn Settles Brief-Plagiarizing Allegations
A Tuesday filing indicated that Winston & Strawn LLP has managed to settle copyright infringement allegations coming from a boutique intellectual property firm that went to a federal court in Manhattan to accuse the BigLaw firm of copying a motion-to-dismiss filing "nearly verbatim."
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April 16, 2024
US Tequila Startup Defeats Older Mexican Rival's TM Case
A Texas federal judge has decided that the tequila marketplace is big enough for both a U.S. startup called "Casa Azul" and an older Mexican brand called "Clase Azul," whose lawyers unsuccessfully tried to persuade the judge of its fame by playing a music video by reggaeton rapper Ozuna.
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April 16, 2024
2nd Circ. Frees FDNY From TM Limits In Nonprofit's Suit
The Second Circuit on Tuesday threw out an injunction barring New York City and its fire department from using the allegedly infringing term "medical special operations," reasoning in the trademark suit that it's too general to be considered an infringement of a nonprofit's name for meetings.
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April 16, 2024
IBM Gained Most AI Patents By Far In 2023
IBM obtained more U.S. artificial intelligence patents in 2023 than any other company, with its closest competitors falling behind by more than 300 patents, according to a Harrity Patent Analytics report announced Tuesday.
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April 16, 2024
DraftKings Workers Say Ex-Boss Tried To Lure Them To Rival
Two DraftKings higher-ups testified Tuesday that their former boss had tried to lure them to join rival sportsbook Fanatics with multimillion-dollar compensation offers, contradicting their former supervisor's claim that he never attempted to get his top lieutenants to help him set up a new office for Fanatics in Los Angeles.
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April 16, 2024
Impossible Foods Slams 'Radical' TM Fight At High Court
Impossible Foods has urged the U.S. Supreme Court to reject a request by a marketing firm owned by a self-described "digital nomad" to review a split Ninth Circuit decision reviving the veggie burger-maker's trademark lawsuit against it, arguing the petition mischaracterizes personal jurisdiction legal precedent and makes "radical" constitutional arguments.
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April 16, 2024
Microsoft, OpenAI Say Intercept's IP Suit Should Be Axed
Microsoft and OpenAI have asked a Manhattan federal judge to dismiss a complaint by The Intercept accusing the companies of removing author and copyright information from material allegedly used to train ChatGPT, saying the publication lacks standing to sue because it has provided no evidence to support its claims.
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April 16, 2024
Justices Say Army Vet Owed More Education Benefits
An Army veteran who sought additional education benefits to attend Yale Divinity School is owed more federal assistance, the U.S. Supreme Court ruled Tuesday, upending an en banc Federal Circuit ruling that took a narrower view of what he is entitled to based on his multiple tours of duty.
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April 15, 2024
Resistance To Patent Licenses Drives More Suits, Execs Say
Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.
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April 15, 2024
Expert's Disney Trip Is No Reason To Delay Trial, Court Told
A technical expert's $14,000 vacation to Disney World isn't the kind of circumstance that ought to delay a patent trial in which he's due to appear in on behalf of a Taiwanese monitor maker, a federal court in Waco, Texas, has been told.
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April 15, 2024
Judge Tosses 'Boilerplate' Infringement Suit Against OnStar
OnStar LLC has escaped an infringement suit alleging it infringed a wireless company's patent for tracking vehicles after a Michigan federal judge said the wireless company did not properly describe its patent or allege how OnStar was misusing the technology.
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April 15, 2024
Dueling Bills Highlight Partisan Divide Over 'Judge Shopping'
Dueling proposals to limit so-called judge shopping were unveiled by Senate party leaders last week, sparking optimism that Congress will rein in plaintiffs' ability to bring cases before judges they think will be friendly to their views, while others raised questions about the proposals' feasibility.
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April 15, 2024
Hytera Still Not Doing All It Can To Stop Fine, Motorola Says
Hytera Communications has continued to drag its feet as it tries to lift the sanctions against it for participating in Chinese litigation against a court order, Motorola Solutions told the Seventh Circuit, arguing that a district court judge's daily status hearings ensure Hytera is being compelled to comply without being punished.
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April 15, 2024
Vidal Wants To Make Her Director Review Rules Official
After almost a year of running U.S. Supreme Court-mandated director reviews of patent board decisions through an interim process, the U.S. Patent and Trademark Office said Monday that it has landed on some proposed rules for how it wants to officially run those.
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April 15, 2024
Model Bella Hadid Settles Photog's IP Suit Over Instagram Pic
A New York federal judge Monday dismissed a photographer's suit accusing Bella Hadid of copyright infringement over an image the supermodel republished onto her Instagram account four years ago after the photographer advised the court they've reached a settlement in principle with Hadid.
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April 15, 2024
Boeing Says Virgin Can't Use Another Court To Avoid IP Suit
Boeing has urged the Virginia federal judge overseeing its breach of contract and trade secrets dispute with Virgin Galactic to block Virgin from moving forward with a "copycat" lawsuit in California, saying Virgin is wrongly trying to avoid the original lawsuit.
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April 15, 2024
TTAB Sides With Pharma Co.'s Opposition To 'SageForth' TM
The Trademark Trial and Appeal Board has ruled in favor of biopharmaceutical company Sage Therapeutics Inc.' opposition to a psychological service provider's attempt to register "SageForth" as a trademark, saying the name is likely to cause confusion with Sage Therapeutics' treatments for postpartum depression.
Expert Analysis
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10 Global Antitrust Trends To Anticipate In 2024
Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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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.