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Intellectual Property
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March 28, 2024
Fed. Circ. Won't Stop Sales Of Heart Valve Testers
The Federal Circuit held Thursday that a California federal judge wasn't wrong to deny an injunction request after declaring that a "substantial question of validity" had been raised over a patent covering a way of testing the durability of a heart valve.
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March 28, 2024
Special Master Suggests Denying Bid To Toss Gaming IP Row
A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.
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March 28, 2024
ITC Judge Recommends General Exclusion In Wallet IP Case
A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.
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March 28, 2024
Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs
Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.
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March 28, 2024
4 Takeaways As Hollywood Asks For AI Deepfakes Laws
Deepfakes have ceased to live solely in the world of science fiction, and their proliferation has already presented disturbing examples of a distorted reality — from phony robocalls by politicians to bogus celebrity nudes.
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March 28, 2024
Pfizer Wants Moderna Vax IP Case Paused For PTAB Review
Pfizer Inc. and BioNTech SE have asked a Massachusetts federal court to put on hold a COVID-19 vaccine patent case brought by rival biotechnology giant Moderna Inc. while they await a decision from the Patent Trial and Appeal Board on the validity of two of the three patents at issue.
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March 28, 2024
Jury Gives Cameron $9M Win In Fracking Patent Fight
A Texas federal jury has handed Cameron International Corp. a $9 million award after finding that Nitro Fluids LLC willfully infringed two of its patents covering aspects of certain fracking systems used in oil and gas production.
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March 28, 2024
NBA Pro Antetokounmpo Lays Suit Against Bed-Maker To Rest
NBA superstar Giannis Antetokounmpo has dropped his Wisconsin federal court lawsuit against luxury bed-maker Maree Inc., which he had accused of fraudulently scheming to mislead customers into thinking he had endorsed its products when he had not.
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March 28, 2024
Fees Awarded For 'Feeble' Milk Vitamin Eligibility Argument
A Delaware federal judge has ordered ChromaDex Inc. and Dartmouth College to pay attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge, saying he's rarely been more confident that a suit was unreasonable.
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March 28, 2024
Commerce Adds Export Admin Roles To Boost Nat'l Security
The U.S. Department of Commerce's Bureau of Industry and Security is adding two new deputy assistant secretaries for export administration as part of a modernization drive to meet its growing national security role, the assistant secretary announced Thursday.
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March 28, 2024
Ex-BigLaw Atty Calls For Injunction Amid Online Harassment
A former Greenberg Traurig LLP patent attorney locked in litigation in Florida federal court with a social media influencer over claims the influencer mounted a campaign to get him fired and destroyed his reputation reiterated his request for a cyberstalking injunction Thursday as he detailed disturbing recent instances of online harassment he has received.
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March 28, 2024
NC Atty Calls Airline Mogul's Bank Records Request 'Reckless'
A North Carolina attorney has asked a federal court to snuff a request by an airline tycoon to dig into the attorney's banking records as part of a hacking conspiracy lawsuit, arguing the request is an overbroad, "reckless" grab at irrelevant information.
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March 28, 2024
'Better Made' Chips Goes After 'Better Smoke' Pot
Detroit-based Better Made Snack Foods Inc. said a number of cannabis companies in Michigan have been selling a line of "Better Smoke" cannabis products that mimics the snack brand's century-old logo in a trademark infringement lawsuit filed Wednesday.
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March 28, 2024
NBCUniversal, DeLorean Settle 'Back To The Future' TM Suit
NBCUniversal Media LLC has settled a trademark infringement suit over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise, according to a notice filed Tuesday in California federal court.
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March 28, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen investors target fraudsters who ran a fake film tax scheme, Barclays Bank sue privately owned Russian bank PJSC Sovcombank, easyGroup bring a trademark infringement claim against online casino TGI Entertainment for its "easybet" word sign, and a bioethanol fuel company hit high-profile individuals connected to the collapsed Elysian Fuels scheme. Here, Law360 looks at these and other new claims in the U.K.
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March 27, 2024
Kim Kardashian Accused Of Touting Fake Donald Judd Tables
Kim Kardashian bought knockoff Donald Judd tables and chairs for her Skkn By Kim office space and then touted the furniture in a video to her 2 million YouTube subscribers as authentic pieces designed by the late artist, according to a lawsuit filed Wednesday in California federal court.
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March 27, 2024
Warner Bros. Beats Claim It Stole Idea For 2022 'Batman' Film
A New York federal judge on Wednesday granted Warner Bros. and DC Comics separate wins in a suit accusing the entertainment giants of stealing a comic book artist's story idea for the 2022 movie "The Batman," finding it was actually the artist who exploited the Batman universe.
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March 27, 2024
Judge-Shopping Guidance Unlikely To Affect Patent Hot Spots
Recent guidance by the policymaking body for U.S. courts aimed at deterring "judge shopping" likely won't disrupt patent cases in Texas, experts say, since the suggestions are not mandatory and can be viewed as already being in place in popular patent districts.
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March 27, 2024
TikTok Star Ordered To Pay $805K To Sony For Sampling Song
A Texas federal judge on Wednesday ordered TikTok musician Trefuego to pay Sony Music Entertainment Inc. more than $805,000 for illegally sampling its licensed song "Reflections," but he denied Sony's bid for an injunction.
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March 27, 2024
ITC Judge Recommends Exclusion Order In Tourniquet IP Row
A U.S. International Trade Commission administrative judge has recommended the commission order that imports of products related to blood flow restriction be banned, handing a win to a pair of American medical product manufacturers.
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March 27, 2024
Citing Warhol, 10th Circ. Undoes Netflix's 'Tiger King' Win
The Tenth Circuit on Wednesday relied on last year's landmark U.S. Supreme Court ruling in the Warhol case to set aside a fair use win for Netflix Inc. in a copyright suit brought by a former zoo employee who livestreamed the funeral of the husband of "Tiger King" star Joe Exotic.
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March 27, 2024
Fed. Circ. Says Faulty Jury Directions Warrant New IP Trial
The Federal Circuit on Wednesday granted Inline Plastics Corp. another chance to convince a Massachusetts federal jury that its tamper-resistant plastic containers were too successful for the underlying patents to be invalidated as obvious.
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March 27, 2024
Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'
A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."
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March 27, 2024
Candy Co. Can Use Recipe Amid 'Chocolate Moonshine' Fight
A Pennsylvania federal judge has refused to ban the candy maker Local Yokels Fudge from making or selling fudge, ruling the owner's ex-husband hadn't shown the company is still using his family's secret "Chocolate Moonshine" fudge recipe.
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March 27, 2024
Farm Data Co. Wants To Bar Carlton Fields Atty From IP Suit
Lawyers for an agricultural industry data software outfit want a Carlton Fields lawyer banned from participating in a patent dispute with a rival startup because of her in-house involvement at the rival and work on an older trade secrets suit involving the same technology.
Expert Analysis
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Opinion
Giving The Gov't Drug Patent March-In Authority Is Bad Policy
The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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7 Enforcement Predictions For US Export Controls, Sanctions
Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.
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Key Takeaways From 2023 Trade Secret Developments
Attorneys at Faegre Drinker parse the past year's most significant trade secret rulings for practice tips, including the importance of establishing a confidential relationship when sharing trade secrets with third parties.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Perils Of Incorporation By Reference At The Federal Circuit
The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.
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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.