Intellectual Property

  • September 25, 2024

    Senate Bill Wants CBP To Share More On Counterfeit Products

    A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise."

  • September 25, 2024

    Albright Bumps Up Amazon Patent Loss To $136M

    Amazon now owes a small advertising software outfit a total of $136 million after losing a jury trial in June in Waco, Texas, in a lawsuit over patents that purportedly made it more efficient to place bids on the same pieces of ad space.

  • September 25, 2024

    All Mariah Carey Wants Is To Ax 'Christmas' IP Row For Good

    Mariah Carey and Sony Music Entertainment hope to finally put to bed a copyright infringement suit over the now-decades-old Christmas hit "All I Want For Christmas Is You," telling a California federal judge this week that the accusing musicians have not shown the similarities are anything more than common holiday tropes.

  • September 25, 2024

    Consultant Wants NC Packaging Patent Fight Tossed

    A consultant and owner of a cold-packaging company accused of lying about his patent rights is doubling down on his bid to ditch a rival business's federal lawsuit under North Carolina's abusive patent law, saying he has no intention of accusing the business of infringement.

  • September 25, 2024

    Walgreens' TM Suit Can Proceed Against Founder's Relative

    Walgreen Co. can move forward with its trademark infringement suit against the great-grandson of the company's founder for operating Walgreen Health Solutions after an Illinois federal judge denied his motion to dismiss, finding the drugstore chain has shown a likelihood of confusion between the two brands.

  • September 25, 2024

    Judge Connolly Sticks By Fining Paralegal Patent Owner

    Delaware's top federal judge won't budge on ordering a Texas paralegal to pony up $53,000 for refusing to appear for months to answer questions about a patent litigation outfit that was registered to her name, after he grilled her lawyer over who he was representing at a hearing she did show up to last week. 

  • September 25, 2024

    Rapper Says Mike Jones, Houston Texans Stole Song

    The owner of the unofficial Houston anthem "Still Tippin'" told a Harris County court this week that rapper Mike Jones and others have ripped off his 2002 song for use by the Houston Texans football team without his permission.

  • September 25, 2024

    Hairbrush Co.'s Patent Suit Over Straighteners Settles

     A hairbrush company and an investment firm that together filed several lawsuits accusing various companies of "poisoning" the market with knockoffs of their patented ceramic straightening brush asked a California federal judge Wednesday to dismiss the last of those cases, stating that the claims have been settled.

  • September 25, 2024

    Marriott Gets $8M Default Win In TM Robocall Scam Case

    A Virginia federal judge has granted Marriott International Inc. the maximum damages that the law allows for the company's trademark infringement claims against a pair of Mexican firms it accused of using its "Marriott Marks" for a robocall scam, ending the claims with an $8 million default judgment.

  • September 25, 2024

    NC State '83 Basketball Champs Drop TV Networks In NIL Suit

    Members of the 1983 North Carolina State University men's basketball team, known as the Cardiac Kids, dropped CBS and TNT from their suit in North Carolina state court accusing the NCAA of exploiting their names, images and likenesses from their national championship run during the annual promotion of March Madness.

  • September 25, 2024

    Boies Joins Authors' Meta IP Suit After Judge Blasts Lead Atty

    Veteran litigator David Boies and a top member of his firm have joined the team heading a proposed class action against Meta Platforms Inc. for allegedly using copyrighted material to train its artificial intelligence product "Llama" — days after a California federal judge told the lead plaintiff's attorney, "You are not doing your job."

  • September 25, 2024

    IP Protection Firm's $426M SPAC Merger Is Scrapped

    Intellectual property management firm Zacco Holdings, formerly known as OpSec Group, and blank check company Investcorp Europe Acquisition Corp. I on Wednesday announced that they will be terminating their merger plans.

  • September 25, 2024

    Breaking IP Barriers: Q&A With Spencer Fane's DJ Healey

    Spencer Fane LLP partner DJ Healey came out as a transgender woman in 2017 — 30 years into her legal career — opening doors at a time when LGBTQ+ attorneys were gaining more acceptance from colleagues and clients.

  • September 25, 2024

    Vape Co. Sues Buchalter Alleging Malpractice After IP Action

    A Los Angeles-based cannabis company called Smoke Tokes LLC has filed a legal malpractice suit accusing Buchalter PC and two of its attorneys of causing a federal trademark action to drag on unnecessarily even after Smoke Tokes took all necessary steps to satisfy a judgment and injunction.

  • September 25, 2024

    Venable Brings On Baker McKenzie IP Litigator In DC

    A longtime Baker McKenzie intellectual property litigator whose work touches on sectors including medical devices, software, and the oil and gas industry has moved his practice to Venable LLP, the firm announced Wednesday.

  • September 25, 2024

    Former Administrative Patent Judge Joins McGuireWoods

    McGuireWoods LLP has added a former administrative judge with the Patent Trial and Appeal Board as a partner in its Richmond, Virginia, office.

  • September 25, 2024

    Pfizer, BioNTech Get New Shot To Ax Moderna's MRNA Patent

    Pfizer and BioNTech have won another shot at challenging the validity of one of Moderna's key mRNA vaccines as a judge ruled Wednesday that their appeal had a reasonable prospect of success.

  • September 25, 2024

    Full Fed. Circ. To Tackle Patent Damages In $20M Google Case

    The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate."

  • September 24, 2024

    Dentons Accused Of Hacking Laptop, Aiding Vape Co. Usurper

    Dentons helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, including breaking into its founder's laptop to access confidential information, Avid alleged in a sprawling lawsuit filed Tuesday in California federal court.

  • September 24, 2024

    Aristocrat Wins Injunction In Slot Machine Trade Secret Row

    A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.

  • September 24, 2024

    Verizon Foe Defends $847M Patent Win In EDTX

    A Dallas patent business said on Tuesday it doesn't think the $847 million verdict it scored in Texas federal court in Marshall against a pair of telecom giants in June is too much.

  • September 24, 2024

    Neurosurgeon Deems Judge Newman's Brain 'Entirely Normal'

    A third doctor has found that suspended U.S. Circuit Judge Pauline Newman, 97, is not cognitively impaired and that there's no reason to keep her off the bench, according to a report released by her attorneys Tuesday.

  • September 24, 2024

    Motorola Ducks Out Of Smartphone Camera Patent Suit

    A federal judge in Chicago on Tuesday decided to end one of the patent lawsuits by a retired businessman over operating smartphone cameras, ruling that "no reasonable jury could conclude Motorola is infringing the patent."

  • September 24, 2024

    Novo Nordisk Tells Sens. Ozempic Costs Are Linked To PBMs

    Novo Nordisk's CEO argued Tuesday that the high prices of the company's diabetes and weight loss drugs Ozempic and Wegovy primarily stem from the actions of pharmacy benefit managers, earning support from many members of a Senate committee and frustrating others who wanted more direct answers on the Danish drugmaker's own responsibilities.

  • September 24, 2024

    Musk, X Seek To End Ex-CNN Anchor's Talk Show Fraud Suit

    Elon Musk and his social media platform X have asked a California federal judge to toss former CNN anchor Don Lemon's suit against over a collapsed talk show deal, saying the claims are insufficiently supported, Musk wasn't properly served, and there's no jurisdiction to proceed in the Golden State.

Expert Analysis

  • Legal Battles Show Brands' Dilemma In Luxury Resale Trend

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    Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.

  • AI-Generated Soundalikes Pose Right Of Publicity Issues

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    Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Beware Of Trademark Scammers Leveraging USPTO Data

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    Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 10 Tips To Build Trust With Your Witness During Trial Prep

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    Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • PTAB Rulings Shed Light On Quantum Computing Patents

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    Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Fed. Circ. Rulings Crystallize Polymorph Patent 'Obviousness'

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    A comparison of two recent Federal Circuit obviousness challenge decisions regarding polymorph patents provides helpful insight into the assessment of screening arguments, particularly the issue of reasonable expectation of success, say Michael Green and John Molenda at Steptoe.

  • 3 Infringement Defenses To Consider 10 Years Post-Nautilus

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    In the 10 years since the U.S. Supreme Court’s influential Nautilus ruling, the spirit of the “amenable to construction” test that the opinion rejected persists with many patent litigators and judges, so patent infringement defense counsel should always consider several key arguments, says John Vandenberg at Klarquist Sparkman.

  • Attys Beware 2 Commonly Overlooked NIL Contract Issues

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    As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.

  • FTC Focus: Exploring The Meaning Of Orange Book Letters

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    The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.

  • Trending At The PTAB: Real Party In Interest And IPR

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    The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.

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