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Intellectual Property
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September 17, 2024
Ford Barred From Using InterMotive Mark After $13M Verdict
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
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September 17, 2024
Flowers For Miley? Not Without Bruno Mars, Suit Says
Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.
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September 17, 2024
Brooklyn Feds Unveil Whistleblower Nonprosecution Plan
The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.
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September 17, 2024
Tech Co. Takes Shot At Brooklyn Nets Over 'Netaverse' Use
The Brooklyn Nets have damaged the reputation of hardware and software technology company Phinge Corp. by unlawfully using the phrase "netaverse," which Phinge has been using since 2022, for the team's virtual reality services, according to a new trademark infringement lawsuit lodged in California federal court.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Google Taps In-House Atty For Head Of General Litigation
Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school.
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September 17, 2024
Meta Deletes Photo Tagging IP At Fed. Circ.
The Federal Circuit on Tuesday handed Meta Platforms Inc. a win in an infringement case, upholding the invalidation of a patent-holding company's patent on digitally tagging images and dismissing related patents on appeal after they failed to survive at the Patent Trial and Appeal Board.
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September 17, 2024
Addleshaw Goddard Expands IP Team With Five Stobbs Hires
Addleshaw Goddard LLP has hired a five-lawyer team from an intellectual property boutique led by a veteran IP litigator from the high-profile Colin the Caterpillar case as it strives to grow a market-leading team.
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September 17, 2024
Toshiba Sheet-Counting Patent Gets Revoked On Appeal
Toshiba has lost a patent over a sheet-inspecting machine that can count and reject banknotes, after European officials ruled that it was obvious in light of previous patents.
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September 17, 2024
Competitiveness Outranks Climate In New EU Commission
European Commission President Ursula von der Leyen shifted her focus from climate change to boosting competitiveness as she proposed her team of commissioners for the next five-year mandate Tuesday, handing out key jobs covering everything from competition enforcement to trade policy.
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September 17, 2024
Nokia's UPC Clash With Rival Paused Amid German Case
Nokia cannot press ahead with its bid to revoke an Israeli company's connectivity patent at the Unified Patent Court until its "almost identical" German case concludes, an appeals panel ruled Tuesday.
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September 17, 2024
Dutch Bike Maker Proves Rival's 'Fat Bike' Infringes Its Design
A bicycle company has persuaded a Dutch court to prevent its rival from selling its "fat bikes" in the European Union, proving that the wide-tired mount infringes its design rights over a similar bicycle.
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September 17, 2024
EasyGroup Hits Bathroom Retailer For "Easy Bathrooms" TM
Airline and hotel giant EasyGroup is suing a supplier of bathroom equipment for infringing its trademark by using an "Easy Bathrooms" logo reading, saying the company is unlawfully benefiting from its reputation.
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September 16, 2024
Teleflex Gets Another Chance In Catheter Patent Feud
The Federal Circuit on Monday held that a Minnesota district court was wrong to invalidate claims in seven catheter patents Teleflex LLC asserted against Medtronic Inc. as indefinite, finding the lower court took an overly narrow view of how claims are construed.
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September 16, 2024
Injectable Analgesic Maker Wants Generic Version Blocked
Mallinckrodt Pharmaceuticals has sued a rival drugmaker in Delaware federal court, alleging the company copied its injectable version of acetaminophen and infringed four patents in the process.
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September 16, 2024
IBM Wins $45M From Zynga In Gaming Patent Trial
A Delaware federal jury has found that social game developer Zynga Inc. infringed two IBM patents with its interactive games and owes the tech giant $45 million.
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September 16, 2024
Texas Trio Ordered To Pay Lewis Brisbois $1.5M After TM Spat
A Houston federal judge ordered a Texas trio to pay more than $1.5 million in statutory damages to Lewis Brisbois Bisgaard & Smith LLP after finding last month that the group willfully stole the BigLaw behemoth's name for its mediation business in 2022.
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September 16, 2024
Bayer Beats IP Firm's Bid To Nix European MRI Patent
Bayer AG has seen off a challenge by law firm De Simone & Partners to scrap its patent for a type of contrast agent used to improve the quality of MRI scans after European patent officials confirmed that it contained a new compound.
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September 16, 2024
DraftKings, FanDuel Sued Over Use Of MLB Player Images
Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.
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September 16, 2024
Kimberly-Clark Loses EPO Bid For Moist Wipe Patent
Kimberly-Clark Corporation, a personal care manufacturer known for its brands Andrex and Huggies, has lost its appeal at the European Patent Office for its wet wipes, with the authority finding that the product lacked an inventive step and did not sufficiently disclose any invention.
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September 16, 2024
Bosch Loses Fight For Machine-Learning Patent At EPO
Bosch has failed to persuade the appellate panel at a European patent authority that its machine-learning invention warrants patent protection, as officials rejected arguments by the German engineering and technology giant that the current patent system is incompatible with modern AI-based inventions.
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September 16, 2024
Philips Hits Belkin With EU Injunction Over Wireless Charging
Dutch conglomerate Philips has won an injunction against Belkin at the Unified Patent Court, as Philips convinced the court that the German technology company should be barred from selling products that infringe its patent.
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September 16, 2024
CoStar Subscriber Settles Suit Over Property Records Access
Real estate data and analytics provider CoStar Group Inc. has reached a deal with former subscriber Leon Capital Group LLC to settle its claims that Leon downloaded property records from CoStar's database that it was not authorized to access, in a deal that permanently bars Leon Capital from accessing CoStar's data without authorization.
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September 16, 2024
McCarter & English's Misstatement Won't Nix Malpractice Win
A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation — repeated in the judge's opinion — did not warrant reviving the case.
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September 16, 2024
Market Researcher Denies Infringement In 'HarrisX' TM Fight
Market researcher Stagwell has hit back against a claim from Toluna Holdings Ltd., denying allegations that it had infringed its competitor's copyright by using the word "Harris" in its logo and hitting back in a counterclaiming accusing Toluna of bringing the case in bad faith.
Expert Analysis
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FTC Focus: What Access To Patent Settlements Would Mean
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.
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How Cos. Can Leverage IP In Corporate Bankruptcy
In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Examining Patent Subject Matter Eligibility Of AI Inventions
In light of U.S. Patent and Trademark Office data showing that patent applications for artificial intelligence inventions are likelier to get rejected based on patent-ineligible subject matter, inventors seeking protection should be aware of the difficulties and challenges pertaining to patent eligibility, say Georgios Effraimidis at NERA and Joel Lehrer at Goodwin.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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When The Supreme Court Gives You Lemons, Make Lemonade
Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.
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Fed. Circ. Resolves Post-AIA Question On Prefiling Activity
For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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Fed. Circ. Patent Ruling Clarifies Section 101 Procedures
The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.