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Intellectual Property
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April 11, 2024
11th Circ. Denies Atty DQ Bid From Gold Star Wives
The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc. to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader.
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April 11, 2024
Inventor Says AI Art Merits Copyright Despite US Gov't Stance
An artificial intelligence inventor has bashed the U.S. Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.
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April 11, 2024
Jury Frees Urban Outfitters From Trade Secrets Suit
Urban Outfitters on Thursday beat back a lawsuit from a bankrupt online fashion rental company claiming the retailer stole its proprietary information to set up a competing business, with a Philadelphia federal jury finding that the clothing chain did not misappropriate trade secrets.
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April 10, 2024
Pfizer Unit Cuts $39M Deal Ending Effexor Antitrust Claims
A proposed class of direct buyers asked a New Jersey federal judge on Tuesday to approve a $39 million settlement to end allegations that Pfizer Inc. unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant drug Effexor XR.
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April 10, 2024
USPTO Outlines Possible Pitfalls For Attorneys Using AI
The U.S. Patent and Trademark Office on Wednesday detailed risks facing attorneys using artificial intelligence, warning that they must ensure that filings are accurate and humans played a role in inventions, which attorneys say illustrates that ethical rules are unchanged in the AI era.
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April 10, 2024
Gaming Rivals To Settle Patent Fight After $42.9M Verdict In Calif.
Skillz Platform Inc. and AviaGames Inc. have told a California federal court that they will settle a suit over mobile gaming, months after Skillz won $42.9 million in its patent infringement fight against its rival.
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April 10, 2024
Dems Introduce Bill To Codify Policy Barring Judge Shopping
Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.
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April 10, 2024
PTAB Will Review Pantech IP Soon After $10M Trial Win
LG Electronics has persuaded the Patent Trial and Appeal Board to review whether a pair of Pantech Wireless patents are invalid, just over a week after Pantech won a $10 million infringement verdict against OnePlus over similar technology.
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April 10, 2024
UGG, Wal-Mart Ordered To File More Details On Slipper Patent
A California federal judge has ordered Deckers Outdoor Corp. and Wal-Mart Inc. to submit joint briefing on claim construction for an UGG slipper design patent that Deckers alleges the big-box retailer is infringing, saying there is insufficient information for the court to make a decision on summary judgment.
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April 10, 2024
Plastic Surgeon Owes $7.7M From Offshore Scheme, US Says
A now-retired plastic surgeon owes the Internal Revenue Service more than $7.7 million after he ran an offshore employee leasing scheme and he and his wife transferred nearly all their assets to their then-11-year-old daughter, who is now a lawyer, the government told an Ohio federal court.
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April 10, 2024
Amazon Hit With $525M Verdict Over Data Storage Patents
An Illinois federal jury on Wednesday found that Amazon infringed three of a Chicago software company's patents relating to cloud data storage technology, determining that while the infringement was not willful, Amazon owes $525 million in damages.
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April 10, 2024
Congress Ponders IP Protections For Human-AI Creations
A U.S. House of Representatives panel examining intellectual property rights for works made with artificial intelligence grappled Wednesday with where to draw the line on how much human input should be required for creations to receive protections.
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April 10, 2024
Pharmacy Gets Eli Lilly's Mounjaro Suit Tossed
A Florida federal judge has thrown out Eli Lilly & Co.'s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law.
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April 10, 2024
Justices Asked To Ban FCA Suits Relying On Patent Reviews
Valeant Pharmaceuticals is going to the U.S. Supreme Court to argue that information cited in Patent Trial and Appeal Board reviews cannot later be used by whistleblowers in False Claims Act lawsuits.
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April 10, 2024
'Woodstock' Rivals Set To Test Weed-Adjacent Marks At Trial
The promoter of the famed 1969 Woodstock music fair sparred Wednesday in Manhattan federal court with an alleged usurper of its prospective right to Woodstock trademarks in the evolving marijuana market, with a jury set to hear the strangely postured dispute.
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April 10, 2024
Moderna Says Pfizer Is PTAB 'Tea-Leaf-Reading' In Vax IP Row
Moderna Inc. asked a Boston federal judge to deny Pfizer Inc.'s bid to pause a COVID-19 vaccine patent trial while the Patent Trial and Appeal Board reviews the validity of two of the three patents at issue.
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April 10, 2024
Maine Says Lobster Boat Tracking Counts As Legal Search
Maine's top fisheries' regulator is arguing that newly required electronic location tracking for some lobstering boats is a legal administrative search of commercial premises and has urged a federal judge to toss a lawsuit alleging the rule violates lobster fishers' constitutional rights.
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April 10, 2024
Merchant & Gould Adds IP Team From Oblon McClelland In DC
Merchant & Gould has expanded its intellectual property services in Washington, D.C., with the recent addition of a five-person team of attorneys who moved their practices from Oblon McClelland Maier & Neustadt LLP.
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April 09, 2024
Calif. Addiction Clinic Can't Shake Off Copyright Suit
An intellectual property and false advertising feud between two rival addiction outpatient clinics in Sacramento will go on, a federal judge in California has ruled.
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April 09, 2024
Venable Snags Trio Of Product Liability Partners From Steptoe
Three Steptoe LLP product liability and mass torts partners have departed the firm and joined Venable LLP in Chicago and Los Angeles, according to an announcement Tuesday.
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April 09, 2024
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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April 09, 2024
Pfizer Cancer Drug Way Too Expensive, Biden Told
The U.S. government is being asked yet again to use patent laws to lower the price of a prostate cancer drug that was developed at UCLA and is being sold by Pfizer for $136 a pill in the U.S.
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April 09, 2024
Endo Sues FDA Over Generic Adrenalin Approvals
Endo has filed a lawsuit against federal health regulatory authorities, alleging that they are wrongfully giving the go-ahead for a generic version of the Adrenalin epinephrine injection, asking for a stay of the decision.
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April 09, 2024
Judge Sees Plot Holes In Case Against TV's 'Penny Dreadful'
A California federal judge has dismissed, for now, a writer's copyright infringement suit accusing cable channel Showtime and the makers of the show "Penny Dreadful" of ripping off her characters from posts she made in a online role-playing community forum called "Murders & Roses: Victorian London Crimes & Scandals."
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April 09, 2024
Jenner & Block Recruits Ex-Sheppard Mullin IP Litigator In SF
Jenner & Block LLP is boosting its intellectual property practice with the addition of a veteran trial lawyer as of counsel in its San Francisco office who was most recently with Sheppard Mullin Richter & Hampton LLP.
Expert Analysis
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Comparing Christmas Carols: IP Issues In Mariah Carey Case
All that plaintiffs Andy Stone and Troy Powers want for Christmas this year is $20 million in damages from Mariah Carey in a federal copyright suit claiming her hit "All I Want For Christmas Is You" infringed on their earlier song by the same name, but they will have an uphill battle in demonstrating substantial similarity, says forensic musicologist Ethan Lustig.
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Green Tech And IP From Obama Through Biden: What's Next?
J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Open Issues At The USPTO And Beyond After Biden AI Order
President Joe Biden's recent executive order on artificial intelligence requires individual government agencies to develop their own principles and guidelines around the use of AI, leaving unanswered questions that will be important for any business that intends to rely on AI to create new or improved products or technologies, say Andrew Lustigman and Mary Grieco at Olshan Frome.
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Overcoming IP Portfolio Challenges Amid Higher Patent Fees
As potentially higher U.S. Patent and Trademark Office fees contribute to a difficult future environment for IP leaders, attorneys who follow a series of practice tips to build a well-managed, valuable IP portfolio can help alleviate this potential financial burden, says Vincent Brault at Anaqua.
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Pay Attention To Contract Law Tenets Amid AI Incorporation
Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.
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UPC Decision Highlights Key Security Costs Questions
While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.
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Managing ANDA Venue Issues As Del. And NJ Filings Rise
Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.