Intellectual Property

  • September 18, 2024

    Conn. Investment Adviser Stole Secrets, Ex-Employer Says

    An employee of a Connecticut investment advisory firm started a competing company and solicited his employer's clients before suddenly resigning and taking trade secrets to his new business, according to a new lawsuit in state court.

  • September 18, 2024

    NCAA Must Give Up Control To Reach Suitable NIL Settlement

    The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.

  • September 18, 2024

    No Excess Coverage For Atos' Trade Secrets Suit, Judge Says

    A Liberty Mutual unit doesn't owe coverage to a subsidiary of French information technology giant Atos for an underlying trade secrets suit, a New York federal court ruled, saying the company failed to provide timely notice of the claim as required by its $10 million errors and omissions policy.

  • September 18, 2024

    Texas Firm, Marketing Biz Settle 'Click To Call' Ad Scheme Suit

    A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.

  • September 18, 2024

    Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes

    California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.

  • September 18, 2024

    Breitling Can't Get $1.4M Fee In Jeweler's 'Red Gold' TM Suit

    A Connecticut federal judge has rejected a request for $1.48 million in attorney fees by Swiss watchmaker Breitling SA and its American arm after they beat trademark infringement claims brought by a California jeweler, ruling that the claims may have been unsuccessful but that they were "not frivolous."

  • September 18, 2024

    Another IP Team Joins Barclay Damon From DC Boutique

    Three intellectual property attorneys from the D.C.-based boutique firm Gardella Grace PA have moved their practices to Barclay Damon LLP, making them the second IP group to move to Barclay Damon from a boutique in the last five months, according to a Tuesday announcement.

  • September 17, 2024

    Bible Tabs Maker Says Chinese Co. Sold Amazon Dupes

    The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs."

  • September 17, 2024

    JM Smucker Says Rival Is Spreading Uncrustable Lies

    A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.

  • September 17, 2024

    2nd Circ. Lets American Girl Doll Counterfeit Case Proceed

    The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Video Game Release Highlights TM Pitfalls Of App Store

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    The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Patent Owner Estoppel Questions In The Wake Of SoftView

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    The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.

  • Copyright Termination Opinion Departs From Long-Held Views

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    In Vetter v. Resnik, a federal court recently held for the first time that termination rights under Section 304 of the Copyright Act recapture domestic and foreign rights where the original grant was for "worldwide" rights — misinterpreting a basic principle of international copyright treaties, say Rebecca Benyamin and Eric J. Schwartz at Mitchell Silberberg.

  • 3 Patent Considerations For America's New Quantum Hub

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    Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.

  • Fed. Circ. Ruling Creates New Rule For Certification Marks

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    The Federal Circuit's decision last month in Bureau National Interprofessionnel du Cognac v. Cologne & Cognac Entertainment is significant in that it establishes a new standard for assessing evidence of third-party uses of a certification mark in deciding whether the mark is famous, say Samantha Katze and Lisa Rosaya at Manatt.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • Why India May Become A Major Patent Litigation Forum

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    India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.

  • Opinion

    To Lower Drug Prices, Harris Must Address Patent Thickets

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    If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • The Fed. Circ. In August: Secret Sales And Public Disclosures

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    Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • Trending At The PTAB: Obviousness In Director Reviews

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    Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.

  • AI Art Ruling Shows Courts' Training Data Cases Approach

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    A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.

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