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Intellectual Property
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May 02, 2024
11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit
The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.
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May 02, 2024
Gilstrap Ships Altice IP Row To NY After $339M Google Verdict
A Texas federal judge has granted a bid from cable company Altice to transfer a case accusing it of infringing a Touchstream patent on mobile app streaming to New York federal court.
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May 02, 2024
Davis Wright Brings On MoFo Appellate Litigator In San Fran
Davis Wright Tremaine LLP has brought on a former Morrison Foerster LLP partner in San Francisco, strengthening its appellate practice with an experienced appellate litigator who clerked for a U.S. Supreme Court justice, a California Supreme Court justice and other judges, the firm announced Thursday.
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May 02, 2024
Schumer Reups Call For His Judge Shopping Bill
U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."
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May 02, 2024
Universal Music Allows Artists Back On TikTok After Deal
Universal Music Group has reached a deal with TikTok that will allow its affiliated artists and music to return to the social media platform months after the companies fell out over issues of artist compensation and artificial intelligence-generated content.
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May 01, 2024
Trader Joe's Must Pay Fees To Union After 'Meritless' TM Suit
A California federal judge ordered Trader Joe's to pay $112,622 in attorney fees to a union of its employees in a suit alleging the union's logo infringes the grocer's name and trademarks, saying Trader Joe's claim that the suit is unrelated to a labor dispute "cannot be taken seriously."
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May 01, 2024
'Irked' Albright Refuses To Send IP Suit Against Apple To Calif.
U.S. District Judge Alan Albright of the Western District of Texas has refused to send a suit accusing Apple Inc. of infringing patents on vibration technology to California, with the judge saying that some of the tech giant's arguments were "irksome."
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May 01, 2024
USPTO Outlines Plan To Boost Diversity In Innovation
The U.S. Patent and Trademark Office on Wednesday unveiled a plan aimed at increasing innovation among young people and those from underrepresented backgrounds, calling on companies, governments and schools to make efforts to diversify and broaden their ranks.
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May 01, 2024
Median Patent Damages Awards Are Shrinking
A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.
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May 01, 2024
Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss
A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.
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May 01, 2024
Fed. Circ. Revives WDTX Patent Suit Tossed Over Standing
The Federal Circuit on Wednesday reversed a decision by Western District of Texas Judge Alan Albright that a company suing Zebra Technologies Corp. for patent infringement lacked constitutional standing, holding instead that the plaintiff retained patent rights under a loan agreement.
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May 01, 2024
Fla., NY, DC Join Suit Demanding Halt To NCAA's NIL Policies
Florida, New York and the District of Columbia on Wednesday joined Tennessee and Virginia in their antitrust lawsuit challenging the NCAA's policies on name, image and likeness rights, asking that the preliminary injunction barring enforcement of its NIL rules be made permanent.
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May 01, 2024
Judge Enjoins Baseball Bat Cos. In Fla. Trademark Fight
A pair of companies owned by ex-MLB player Yoenis Céspedes have won a preliminary injunction against several businesses in an intellectual property dispute in Florida federal court over baseball bats, saying the former New York Mets outfielder's companies are likely to succeed on a trademark claim.
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May 01, 2024
J&J Unit Cuts Deal To End Cancer Drug Trade Secret Fight
A New Jersey federal judge has signed off on a consent judgment that permanently bars Chinese drugmaker Jiangsu Hengrui Pharmaceuticals Co. from misappropriating Johnson and Johnson's pharmaceutical subsidiary Janssen's trade secrets for its popular chemotherapy drug Yondelis.
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May 01, 2024
'Shark Tank'-Backed Card Maker Greets Rival With IP Suit
A greeting card company that was backed by an investor on the TV show "Shark Tank" hit a competitor with a federal suit alleging it copied card designs and violated several patents.
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May 01, 2024
Metal Biz Owner Cops To Tax Fraud On $2.8M Income
The owner of a metal fabrication company admitted to neglecting to report nearly $3 million in business income to the IRS, Connecticut federal prosecutors announced.
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May 01, 2024
Game Developer Denies Copying Rival's 'Generic' Racing App
A British game developer has hit back at its French rival in a copyright feud over the pair's mobile games, telling a London court that any similarities between the apps are nondistinctive features that don't merit protection.
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May 01, 2024
Crowell & Moring Adds 2 More Neal Gerber Attys In Chicago
Crowell & Moring LLP announced Wednesday that it has hired two more attorneys from Chicago-based Neal Gerber & Eisenberg LLP to bolster its corporate services.
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April 30, 2024
Tech. Orgs Deny Being 'Apple's Puppets' In Watch Ban Fight
A group of technology industry groups claimed they are "not Apple's puppets" as they seek to back the company in its Federal Circuit appeal of the U.S. International Trade Commission's ban on imports of Apple Watch models capable of monitoring blood oxygen levels.
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April 30, 2024
'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules
Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.
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April 30, 2024
Pharmacyclics Can't Score Fees After Imbruvica Patent Win
Delaware's top federal judge on Tuesday told AbbVie's Pharmacyclics LLC unit that it was "also guilty of vexatious conduct" and had no standing to seek legal fees after it won a patent infringement suit against generic-drug rivals over its branded blockbuster cancer drug Imbruvica.
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April 30, 2024
Amgen Cuts Deal To End Bone Drug IP Suit Against Sandoz
A New Jersey federal judge has signed off on a deal that would end a suit where Amgen accused Sandoz of infringing patents on treatments for bone cancer and bone problems.
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April 30, 2024
OpenAI Tries To Throw Out Another Copyright Case
OpenAI is seeking to dismiss a suit in New York federal court from two alternative news websites asserting copyright infringement allegations against the Microsoft Corp.-backed artificial intelligence developer, saying they haven't shown they've been harmed.
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April 30, 2024
Where VLSI-Intel's High-Stakes Patent Battle Stands Now
Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.
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April 30, 2024
Microsoft Says Ex-Worker Made 'Trojan Horse' Patent Claims
Microsoft accused an ex-employee of staging a "Trojan horse" in a breach of contract case to get patent damages otherwise not allowed in state court, urging a Washington federal judge to keep control of the case over Xbox console patents.
Expert Analysis
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How Biotech Cos. Can Utilize Synthetic Royalty Financing
Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.
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Copyright Lessons Following Ruling In Artist AI Suit
The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Fed. Circ. In Jan.: One Word Can Affect Claim Construction
The Federal Circuit's recent Pacific Biosciences v. Personal Genomics decision highlights how even construction of a simple term can be dispositive, and thus disputed, in view of the specific context provided by the surrounding claim language, say Jeremiah Helm and Sean Murray at Knobbe.
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The State Of Play In NIL, Compensation For Student-Athletes
Recent NCAA developments — including name, image, and likeness legislation and a governance and compensation proposal — reflect a shift from the initial hands-off approach to student-athletes' NIL deals and an effort to allow colleges to directly compensate student-athletes without categorizing them as employees, say attorneys at Pillsbury.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Expediting Psychedelics Approvals In The US And Canada
Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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AI Takes Transformers Beyond Robots In Disguise
At the intersection of artificial intelligence and copyright law, the shape-shifting models known as transformers raise the question of whether using copyrighted materials to train such models constitutes a transformative use, says Sean Li at Benesch.
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AI Inventorship Patent Options After UK Supreme Court Ruling
The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Del. Ruling Features Valuable Analysis For IPR Estoppel Args
Last month, the District Court of Delaware held in Prolitec v. ScentAir Technologies that IPR estoppel does not apply to device art, and the analysis in the case provides welcome illumination for how IPR estoppel arguments should be decided, says Chris Ponder at Sheppard Mullin.
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Taking A Closer Look At Fed. Circ. Claim Construction Split
An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.