Intellectual Property

  • October 04, 2022

    Juniper Networks Loses Data Patent Fight At PTAB

    Juniper Networks has failed to convince the Patent Trial and Appeal Board to gut claims in a data network patent owned by a licensing company that is suing Juniper.

  • October 04, 2022

    Shopify Settles Educational Textbook Publishers' Piracy Suit

    Shopify Inc. has reached a deal to end a copyright and trademark infringement suit brought by a group of educational publishers that accused the e-commerce retailer of knowingly hosting and enabling shop owners to sell pirated digital copies of the publishers' textbooks, testing packets and solution materials, Shopify confirmed Tuesday.

  • October 04, 2022

    Attorney-Turned-Wrestler Finds Victory In Following Dream

    In the world of professional wrestling, few fans would have mistaken The Undertaker for a licensed mortician, but in the rings and arenas of western Pennsylvania, West Virginia, Ohio and New York, "The Gavel" David Lawless is indeed an attorney — albeit not the arrogant heel he portrays.

  • October 04, 2022

    Taylor Swift Says 'Shake It Off' Litigants Gave Up Right To Sue

    Taylor Swift's attorney urged a California federal judge Tuesday to toss a suit claiming she lifted a line from a 2001 R&B song for her chart-topping hit "Shake It Off," arguing the songwriters signed away their rights to sue years ago.

  • October 04, 2022

    Weak Invalidity Claims Merit Fees In Fireproof Patent Feud

    A California federal judge said metals company CEMCO is entitled to attorney fees after a jury found that a rival infringed its fireproofing patents, ruling that its competitor advanced exceptionally weak patent invalidity arguments during trial.

  • October 04, 2022

    Fed. Circ. Casts Doubt On Bid To Revive Lung Drug IP Fight

    Two judges in a Federal Circuit panel on Tuesday seemed unpersuaded by an argument from Roche unit Genentech Inc. that a Delaware federal judge wrongly let Sandoz Inc. off the hook for infringing patents on the pulmonary fibrosis drug Esbriet.

  • October 04, 2022

    ITC Finds Synthetic-Diamond Driller Patents Unenforceable

    The U.S. International Trade Commission has decided that claims in a pair of patents covering a composition used to make synthetic diamond bits for oil and gas drilling should have never been issued, sinking efforts by the subsidiary of a Texas driller to ban allegedly infringing imports from China.

  • October 04, 2022

    Lyft Loses Atty Fee Bid In IP Fight After Case Tossed

    A Texas federal magistrate judge has refused to hand Lyft attorney fees the ride-hailing giant asked for after the court tossed patent infringement claims against the business, noting that the suit can be refiled elsewhere.

  • October 04, 2022

    Eli Lilly Can't Slip Teva's Migraine Drug Patent Suit

    Drugmakers Eli Lilly and Co. and Teva Pharmaceuticals must take their patent dispute over rival migraine medications to a jury, a Massachusetts federal judge said Monday, denying the bulk of the companies' dueling motions for summary judgment.

  • October 04, 2022

    Gilstrap Says EDTX Is Wrong Forum For Nissan Fuel IP Row

    U.S. District Judge Rodney Gilstrap has thrown out a patent owner's infringement suit against Nissan North America over fuel injection technology, agreeing that the automotive giant doesn't have an established place of business in the Eastern District of Texas.

  • October 04, 2022

    Recruiting Firm Wants DLA Piper, Tauler Smith To Pay Fees

    Citing what it said was their "vexatious" and "unreasonable" conduct in the case, a legal recruiting firm that recently won a $3.6 million judgment against an ex-employee has asked a federal judge to force DLA Piper and Tauler Smith LLP to pay a portion of the nearly $2 million it's seeking in fees.

  • October 04, 2022

    Week After Januvia Patent Is Upheld, Merck Sues Over Generic

    Merck has launched a suit claiming a New Jersey-based pharmaceutical company's proposed generic of the blockbuster diabetes drug Januvia infringes its patent on the treatment, less than a week after the Federal Circuit backed a Patent Trial and Appeal Board decision upholding the patent.

  • October 04, 2022

    Blank Rome Adds 4th IP Atty In DC In As Many Months

    Blank Rome LLP is once again bolstering its intellectual property bench in Washington, D.C., this time adding an attorney with more than 20 years of experience from Axinn Veltrop & Harkrider LLP to help lead the firm's IP litigation practice.

  • October 04, 2022

    Sirius Ads Don't Violate Comedian's Rights, 2nd Circ. Says

    A Second Circuit panel on Tuesday affirmed the dismissal of a lawsuit brought against Sirius XM Radio Inc. by a comedian featured on "The Howard Stern Show" who alleges the satellite broadcaster is replaying clips from the show without his permission, ruling the clips are copyrighted works protected by federal law.

  • October 04, 2022

    Vidal Sanctions OpenSky For Abuse In VLSI Patent Challenge

    OpenSky Industries on Tuesday earned sanctions "to the fullest extent" of the U.S. Patent and Trademark Office director's power after the agency's director found it tried to extract payments from Intel Corp. and the patent owner that won $2.2 billion from Intel in an infringement case.

  • October 03, 2022

    Instagram Can't Escape Sex Toy Seller's Trademark Suit

    A federal judge in Maryland on Monday told lawyers for Instagram's parent company that they couldn't quite escape a lawsuit from a dealer of "fine adult paraphernalia" going by the username "lickmykakez" who wants to use trademark law to hold Meta Platforms Inc. legally liable for disabling her account and flooding the market with fakes.

  • October 03, 2022

    Youth League USA Prime Baseball Says New Rival Is Copycat

    Amateur baseball club USA Prime Baseball LLC sued Prime Baseball LLC and its founder on Monday in Texas federal court for allegedly stealing its name and trademarked marketing designs.

  • October 03, 2022

    High Court Again Asks For SG's Views On Patent Eligibility

    Just three months after rejecting a patent eligibility case that the U.S. solicitor general had recommended hearing, the U.S. Supreme Court on Monday asked for the federal government's take on whether it should hear a different case on the contentious issue.

  • October 03, 2022

    Attys Lose USPTO Privileges Over Foreign Sponsorship Scam

    Two attorneys, from the firms of YK Law LLP and Meritech Law LLC, abused the U.S. Patent and Trademark Office's online sponsorship tool by sponsoring non-U.S. licensed foreign attorneys and non-attorneys, the USPTO said Monday in announcing that it was suspending their accounts.

  • October 03, 2022

    Supreme Court Says No To 9 Patent Cases

    The U.S. Supreme Court on Monday refused to wade into nine patent cases, turning down Biogen's efforts to block its billion-dollar multiple sclerosis drug Tecfidera from facing market competition and a bid from a prolific patent filer alleging that the U.S. Patent and Trademark Office had developed a "no patents" rule specifically for him, among other matters.

  • October 03, 2022

    Judge Won't Hold New Trial In Genetic Testing Patent Feud

    A Delaware federal judge has rebuffed a biotechnology company's bid for a new trial after a jury determined it owed a rival and Massachusetts General Hospital $4.7 million for infringing their genetic testing patents, while agreeing with some of the plaintiffs' requests to boost their award.

  • October 03, 2022

    Wyndham Wants Default Ruling Against Timeshare Exit Co.

    Timeshare company Wyndham asked a Florida federal court on Monday to hand down a more than $456,000 default final judgment against a timeshare exit company that hasn't participated in Wyndham's false advertising suit for roughly two years.

  • October 03, 2022

    Justices Skip 'What Men Want,' Texas A&M Copyright Suits

    The U.S. Supreme Court on Monday refused to hear an appeal that would revive a screenwriter's copyright case over Paramount's hit rom-com "What Men Want," as well as an appeal over whether states can be held liable under federal copyright laws.

  • October 03, 2022

    Comet Nabs Injunction After $40M Trade Secrets Jury Verdict

    A California federal judge has granted Comet Technologies' bid for a permanent injunction following a jury finding that its rival misappropriated trade secrets related to manufacturing equipment for semiconductor chips.

  • October 03, 2022

    Ben & Jerry's Says Unilever 'Covertly' Took TMs After Merger

    Unilever "covertly" took control of Ben & Jerry's trademarks following their merger in 2000, the ice cream giant said in an amended New York federal court complaint that seeks to block its parent from selling its products in the West Bank.

Expert Analysis

  • How ITC's Junior Atty Program Can Benefit Firms, Clients

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    Victoria Reines and Philip Marsh at Arnold & Porter offer some thoughts on making the U.S. International Trade Commission's Nurturing Excellence in Trial Advocates program work for firms and clients, and discuss the benefits of having a junior attorney present an opening statement.

  • Attys Shouldn't Assume Judicial Critique Is Protected Speech

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    As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.

  • Penn State TM Case's Impact On Merchandising And Beyond

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    The trademark infringement battle between Penn State and Vintage Brand over selling merchandise containing the school's trademarks raises the issue of whether designs on apparel serve as source identifiers for the goods themselves — and could significantly affect trademark law and the merchandising industry, say Cheryl Howard and David Ervin at Crowell & Moring.

  • Exploring Publicity Rights For Virtual Avatars

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    Advertising in the virtual world raises intellectual property issues — and although existing case law does not address a persona right for an avatar, it's only a matter of time before an aggrieved third party will assert a right of publicity claim based on the unauthorized use of his or her avatar, says Matthew Savare at Lowenstein Sandler.

  • Opinion

    Time For Biden And Congress To Fix The ITC

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    The U.S. International Trade Commission has become a favorable legal forum for patent plaintiffs, with nonpracticing entities often weaponizing trade law and the harsh penalties available at the ITC, so Washington should take some critical steps to reaffirm the commission's public interest obligation, says Joshua Landau at the Computer & Communications Industry Association.

  • 13 Cognitive Distortions That Plague Defense Witnesses

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    In civil litigation, witnesses exhibiting negative thought patterns can spell trouble — so defense counsel should familiarize themselves with the most common cognitive distortions that can cripple their witnesses' testimony, and try to intervene to help reframe their perceptions, say Bill Kanasky Jr. and Steve Wood at Courtroom Sciences.

  • 5 Considerations In Preparing For EU's New Patent System

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    With the upcoming implementation of the unitary patent and Unified Patent Court, Europe gets closer to its long-term goal of one EU patent that can be enforced in one court, and non-EU patent owners and applicants will have strategic decisions to make, say Fabian Koenigbauer at Ice Miller and Thomas Kronberger at Grünecker.

  • Series

    Keys To A 9-0 High Court Win: Practicality Over Perfection

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    When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.

  • What New Bar Exam Means For Law Students And Schools

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    Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.

  • 9th Circ. Delta-8 Ruling Was Probably A Blip, Not A Landmark

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    Though the Ninth Circuit’s recent decision in AK Futures v. Boyd St. Distro provided clarity for those seeking to enforce trademark protections for Delta-8 THC products, it likely will not lead to long-term change, and it would be unwise to interpret the ruling as a green light for intoxicating hemp, says Marshall Custer at Husch Blackwell.

  • What USPTO's Disclosure Duties Notice Says And Doesn't Say

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    For several reasons, stakeholders may disagree with the U.S. Patent and Trademark Office's statement that its recent notice clarifies the duty of disclosure for parties appearing before the USPTO who receive information from, or make representations to, other federal agencies, say Ben Katzenellenbogen and Paul Stewart at Knobbe Martens.

  • And Now A Word From The Panel: 5 Key MDL Factors

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    A recent decision by the Judicial Panel on Multidistrict Litigation to deny a petition for a new MDL offers useful insights into the most important factors that the panel considers when determining whether consolidation of a group of separate cases is warranted, says Alan Rothman at Sidley.

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • AI Artists Highlight Need For Copyright Updates

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    As virtual musicians are generated in the age of artificial intelligence, the U.S. Copyright Office will be forced to clarify the limits of copyright protections, which are currently reserved only for human beings, say Sarkis Yeretsian and Jonathan Goins at Lewis Brisbois.

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