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Intellectual Property
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October 29, 2024
Retired Fed. Circ. Judge Backs Invisalign In Monopoly Cases
Retired Federal Circuit Judge Paul R. Michel warned the Ninth Circuit on Tuesday that reversing a lower court's decision to toss a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market by illegally refusing to deal with a rival would increase patent owners' legal uncertainties.
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October 29, 2024
Roku Invalidates Smart Alarm Claims At Patent Board
Roku Inc. has persuaded an administrative board at the patent office to wipe out six claims in a "smart" alarm device patent developed by a subsidiary of Roku's longtime rival, Universal Electronics Inc.
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October 29, 2024
DraftKings Denied $2.3M Fee Bid In Gambling Patent Row
A Delaware federal judge on Tuesday denied DraftKings's $2.3 million fee bid for defeating Interactive Games' suit accusing it of infringing patents related to remote betting, ruling that Interactive Games' case isn't exceptional or frivolous since its patents were presumed valid and there's no evidence that Interactive Games was seeking quick settlements.
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October 29, 2024
ByteDance's Sanctions Bid Against Ex-Worker Delays Trial
A California federal judge delayed a trial in a wrongful termination lawsuit filed by an engineer formerly at TikTok's parent company ByteDance, directing the parties on Tuesday to instead submit briefing on the defendants' motion to terminate the case as a sanction for the plaintiff's alleged destruction of evidence and perjury.
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October 29, 2024
Fed. Circ. Calls Plastic Co.'s IP Retrial Objection 'Frivolous'
A panel of the Federal Circuit said Tuesday a plastic packaging manufacturer is making a "frivolous" objection to how a Massachusetts federal judge decided to set up a retrial scheduled next week over whether patents covering a kind of tamper-resistant container are invalid.
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October 29, 2024
PTAB Upholds Solar Co.'s Power Supply Patent
The Patent Trial and Appeal Board has shot down a bid from a German solar energy technology company's U.S. unit to invalidate a competitor's solar power supply patent, the latest blow to the subsidiary in a larger patent fight.
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October 29, 2024
Lawmakers Want Update On Copyright Office's AI Reports
The U.S. Copyright Office is late in submitting reports on the intersection of artificial intelligence and copyright law, according to a recent letter from leadership on the House committee with jurisdiction over the matter.
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October 29, 2024
Patent Partner Moves From King & Spalding To Steptoe
A former King & Spalding LLP partner has made the jump to Steptoe LLP, filling out the firm's team of California-based litigators who take on patent cases.
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October 29, 2024
Baseball Bat Cos. Reach Deal To End Fla. Trademark Battle
A baseball bat company owned by ex-MLB player Yoenis Céspedes has settled an intellectual property lawsuit against several businesses over baseball bats, months after a Florida federal judge handed the former New York Mets outfielder's business a preliminary injunction in the case.
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October 29, 2024
Allergan, Mankind Settle IP Fight Over Lumigan Generic
Allergan Inc. and Mankind Pharma Ltd. asked a Delaware federal court Tuesday to dismiss infringement litigation over Mankind's proposed generic of Allergan's glaucoma drug Lumigan, stipulating that the patent is valid and has been infringed.
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October 29, 2024
Senate Panel Targets 'Clever' Pharma Pricing
The Senate Judiciary Committee on Tuesday railed against drugmakers and pharmacy benefit managers for allegedly causing the high cost of prescription drugs, arguing that "Big Pharma" has used anticompetitive tactics through patenting to fleece American patients.
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October 29, 2024
Nokia, HP End Patent Litigation With Licensing Deal
Finnish telecommunications giant Nokia has inked a multiyear patent-licensing deal with hardware manufacturer HP Inc. over its video technologies, pouring cold water on litigation between the pair in all jurisdictions, it announced Tuesday.
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October 29, 2024
Akerman Hires 2 IP Partners From Kilpatrick In NYC
Akerman LLP announced Monday that two former partners at Kilpatrick Townsend & Stockton LLP are the latest additions to its intellectual property practice group in New York City.
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October 29, 2024
InterDigital Ends Legal Spats With Oppo In Licensing Deal
InterDigital said Tuesday that it has inked a licensing agreement with Chinese smartphone giant Oppo that will bring an end to the cross-border litigation between the companies over patented smartphone technology.
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October 29, 2024
Ex-Boston University Law Prof Settles IP Suit With School
A former Boston University School of Law instructor has settled a copyright infringement suit with the school that he filed in August accusing it of pilfering his course materials in violation of a prior settlement agreement.
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October 29, 2024
Front Office Sports Sued For Using Luxury Real Estate Photos
Private equity-backed media outlet Front Office Sports is accused of unlawfully using luxury real estate photos online without permission, according to a lawsuit filed in New York federal court.
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October 28, 2024
$9M Fee Awarded For 'Feeble' Milk Vitamin Eligibility Row
A Delaware federal judge entered a final judgment Monday ordering ChromaDex Inc. and Dartmouth College to pay $9.1 million in attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge.
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October 28, 2024
Fed. Circ. Backs PTAB Win For Hyundai And VW On Ad Patent
The Federal Circuit on Monday upheld a Patent Trial and Appeal Board decision that several claims of a StratosAudio Inc. advertising patent are invalid, in a win for automakers Hyundai and Volkswagen, both of which have been accused of infringement.
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October 28, 2024
Nokia Strikes Deal Ahead Of Trial In Texas Patent Co.'s Suit
Less than two weeks before a jury trial is set to begin, intervenor Nokia of America and patent owner Wireless Alliance LLC struck a deal resolving part of a lawsuit accusing telecommunication behemoths AT&T, Verizon and T-Mobile of patent infringement, according to a settlement notice filed in Texas federal court Friday.
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October 28, 2024
Parts Manufacturer Tells Pa. Jury Competitor Poached Stats
A lawyer for hardware manufacturer Penn Engineering & Manufacturing Corp. told a federal jury in Philadelphia on Monday that one of its competitors used performance data from Penn's products to boost its own line of parts, creating confusion among consumers.
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October 28, 2024
NASA Says Sensor Co.'s Contract Breach Case Should Fail
NASA has said the U.S. Court of Federal Claims should throw out a sensor business's breach of contract suit over commercialization and licensing deals related to patented NASA technology, saying certain milestones couldn't be reached under the pact.
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October 28, 2024
Ex-Oracle Manager, Software Co. Face Trade Secrets Suit
A new lawsuit by Oracle claims that a manager left the company for a competing venture-backed construction software tech outfit and "absconded with thousands of Oracle's trade secret[s]."
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October 28, 2024
Judge Leaves Patent Case After Fed. Circ. Undoes Ruling
A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.
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October 28, 2024
Calif. Court OKs $1.2M Award In Polo Club TM Fight
A California federal judge has said a Santa Barbara County-based polo club is entitled to $1.2 million in fees, costs and interest as part of a trademark dispute over a "Beverly Hills Polo Club" logo following arbitration.
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October 28, 2024
Realtor.com Owner, CoStar Debate CFAA's Limits In Theft Suit
An attorney for Costar urged a California federal judge Monday to reconsider a tentative ruling that would allow Realtor.com's parent company to amend a Computer Fraud and Abuse Act claim alleging its rival unlawfully accessed its computers, saying the company should be limited to arguing it suffered "technological harms."
Expert Analysis
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How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Opinion
Bring Back Patent Models To Shut Down The Patent Trolls
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo
Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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5 Considerations For Obviousness-Type Double Patenting
The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.