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Intellectual Property
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Featured
Design Patents May Be Harder To Get Under New Test
The Federal Circuit's decision discarding long-standing tests for proving that a design patent is invalid as obvious means the world has changed for patent examiners and applicants, attorneys said, and the new standard could lead to more design patent applications being turned down.
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June 03, 2024
Self-Driving Tech Co. Beats Investor Suit Over Chip Pic Gaffe
Autonomous vehicle technology company Luminar Technologies Inc. no longer faces a proposed investor class action alleging it passed off an image of a competitor's technology as its own after a Florida federal judge found that the allegedly stolen image wouldn't actually be relevant to reasonable investors.
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June 03, 2024
Michaels Stole Paint-By-Number IP, Company Says
A paint-by-number company told a jury Monday during opening arguments in Texas federal court that arts and crafts corporation Michaels Stores Inc. used the company's trademarks to create a competing product, saying it only learned of the phony product after a customer called in praising it.
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June 03, 2024
Ex-Biopharma Co. Prez Accused Of Defecting With Secrets
Biopharmaceutical firm United Therapeutics Corp. has accused a former executive of violating an employment agreement by taking ideas to a rival company to develop a competing lung treatment.
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June 03, 2024
Patent Owner Says Facts Have Changed Since It Lost At ITC
A patent licensing company accusing HP of infringing old Panasonic patents is seeking to resume its suit in Texas federal court, arguing that an invalidity ruling it lost last month at the U.S. International Trade Commission doesn't hold up in district court.
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June 03, 2024
Software Group Says IP Quality, Not Quantity, Is The Goal
Making sure patent standards are up to snuff, using artificial intelligence when looking into whether patents are viable and having the Patent Trial and Appeal Board maintain high standards when reviewing patents are goals federal patent officials should focus on, according to a trade collective of software businesses.
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June 03, 2024
Google Gets Amicus Boost In Fed. Circ. Battle With Sonos
Google's efforts to prevent the reinstatement of a $32.5 million patent infringement verdict won against it by wireless speaker company Sonos have found support in the Federal Circuit from business trade groups, public interest nonprofits and a former U.S. Patent and Trademark Office official.
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June 03, 2024
Food Co. Gets Win In 'Digital Checklist' Patent Fight
A Connecticut federal judge has found that claims in a patent owned by the Georgia-based CM Systems LLC are invalid, handing a win to TransAct Technologies Inc. in a suit over restaurant food safety technology.
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June 03, 2024
Split Fed. Circ. Backs EcoFactor's $20M Trial Win Over Google
The Federal Circuit on Monday affirmed that Google should pay EcoFactor $20 million for infringing its smart thermostat patent, but one judge took issue with allowing the damages to stand, saying her colleagues' ruling "at best muddles our precedent and at worst contradicts it."
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June 03, 2024
Jane Street Blasts Trading Firm's Defense In Trade Secret Row
Trading firm Jane Street Group LLC has urged a Manhattan federal judge to toss the counterclaims and affirmative defenses of two ex-employees and Millennium Management LLC in a trade secret suit, saying each is either "redundant" or has "little to no alleged facts to support" it.
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June 03, 2024
Pool Co. Says It Won't Survive $16M Judgment In Bid For Stay
The American arm of a Chinese swimming pool equipment maker told a North Carolina federal judge it faces insolvency if forced to fork over a $16 million false advertising and unfair business practices judgment, asking instead for a stay without bond while it appeals the verdict.
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June 01, 2024
Blockbuster Summer: 10 Big Issues Justices Still Must Decide
As the calendar flips over to June, the U.S. Supreme Court still has heaps of cases to decide on issues ranging from trademark registration rules to judicial deference and presidential immunity. Here, Law360 looks at 10 of the most important topics the court has yet to decide.
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May 31, 2024
Samsung Strikes First With Smart Ring IP Suit Against Oura
Samsung has yet to announce a release date for its new Galaxy Ring brand of wearable, health-tracking devices, but it has filed an intellectual property suit in California federal court Thursday targeting a Finnish startup that makes its own line of smart rings.
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May 31, 2024
PTAB Upholds Medtronic Bladder Control Patents On Remand
The Patent Trial and Appeal Board affirmed Medtronic patents covering a sacral stimulation system after Federal Circuit judges ordered the board last year to give the maker of a rival bladder and bowel control device another shot at knocking those patents out.
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May 31, 2024
Vape Co. Can't Toss Breeze Smoke's Claims In IP Row
An Illinois federal judge has rejected vape pen maker Midwest Goods' bid to throw out counterclaims that it infringed competitor Breeze Smoke's trade dress and a design patent, while also denying a bid from Breeze Smoke for a preliminary injunction.
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May 31, 2024
DC Judge Takes Dim View Of Proposed 'Surfside' TM Deal
A D.C. federal judge has refused to enforce a scrapped settlement in a trademark dispute between a Mexican restaurant operator and a distilling company over the name "Surfside," saying there wasn't ever an enforceable deal.
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May 31, 2024
3rd Circ. Preview: Labor Battles Heat Up In June
Several cases are heating up the Third Circuit argument calendar in June, including a home care company's attempt to duck a $7 million payout to thousands of workers who claimed the company violated the Fair Labor Standards Act by not compensating them for travel time.
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May 31, 2024
NYT Opposes 'Worldle' TM Bid To Protect Its 'Wordle' Game
The New York Times Co. is trying to stop the trademark registration of a game called "Worldle," where players attempt to find landmarks and other things on Google Street View, arguing the name would cause confusion with the newspaper's popular "Wordle" game.
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May 31, 2024
COVID Test Contract Suit 'Cries Out' For Jury, NC Judge Says
A fight between two companies over a doomed distribution deal for COVID-19 tests has gone from "ships passing in the night" to not even "sailing in the same ocean," a North Carolina Business Court judge said, paring the case for trial.
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May 31, 2024
Netgear Wins Most Of Its ITC Case Against TP-Link
An administrative judge at the U.S. International Trade Commission largely ruled in favor of Netgear in its case that accused Hong Kong-based network equipment rival TP-Link of infringing its patents.
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May 31, 2024
Off The Bench: NCAA Transfers Freed, Atty Plays Cards Right
In this week's Off the Bench, the NCAA agrees to more historic rule changes while experts examine its post-House settlement future, and a patent lawyer looks back at his transformation into a poker champion.
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May 31, 2024
Polsinelli's Medical Device Team Gains Ex-Lerner David IP Trio
Polsinelli PC is continuing to grow its intellectual property bench, saying Thursday that it has brought on three attorneys from the boutique Lerner David LLP who focus on intellectual property strategy and protection.
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May 31, 2024
WDTX Chief Adds New Hurdle For Patent Attys Eyeing Albright
The Western District of Texas' chief judge has made it harder for parties to have their patent cases end up in U.S. District Judge Alan Albright's court by refusing to automatically connect related litigation.
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May 31, 2024
Greek IT Company Sues NY Law Firm Over Leaked Patent Info
A Greece-based technology company has sued Ladas & Parry LLP in New York federal court, alleging that the firm sent proprietary information to a third party while the company had an attorney-client agreement with the firm.
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May 31, 2024
New Antibody IP Ruling Still Needs To Be Tested In Courts
A May decision from top U.S. Patent and Trademark Office officials is giving some attorneys renewed hope that they'll be able to secure antibody patents, but they say the agency's ruling may not be enough to overcome courts that have been hostile toward these patents.
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May 31, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen financier Crispin Odey file a defamation claim against the Financial Times, Ford hit with the latest "Dieselgate" claim and a human rights activist bring a privacy claim against Saudi Arabia. Here, Law360 looks at these and other new claims in the U.K.
Editor's Picks
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Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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Why IP Attys Are Watching This $2B Trade Secrets Battle
A case of alleged corporate espionage involving two software companies that resulted in a $2 billion verdict has all the hallmarks of a legal thriller, and attorneys are watching the appeal closely to see how it could impact trade secrets litigation.
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Trials After PTAB Invalidity Rulings Present Tricky Issues
A recent case illustrates that Patent Trial and Appeal Board decisions finding patents invalid do not necessarily preclude a district court from holding an infringement trial on the same patents, though attorneys say such a scenario could raise some challenging issues.
Expert Analysis
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3 Infringement Defenses To Consider 10 Years Post-Nautilus
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.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
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.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
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.
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Trending At The PTAB: Real Party In Interest And IPR
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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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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The Fed. Circ. In May: The Printed Matter Doctrine's Scope
The Federal Circuit’s recent ruling in Ioengine v. Ingenico, which addressed the scope of the printed matter doctrine as applied to transmitted data or program code, restores the doctrine’s status as a relatively narrow part of patent law, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty
The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.