Intellectual Property

  • September 20, 2024

    Conservative Pundit Seeks To Block Calif. AI Election Laws

    A content creator who created a viral AI-generated video shared by billionaire Elon Musk that lampoons Vice President Kamala Harris' mannerisms has sued the state and asked a California federal judge to block recently enacted state laws cracking down on election-related deepfakes, arguing the new laws infringe influencers' constitutional rights.

  • September 20, 2024

    Lawmakers Ask USPTO To Fix Patent Calculation Problem

    Federal patent officials need to change standards that could let drug companies hold on to patent rights beyond the time frame they are entitled to, according to federal lawmakers.

  • September 20, 2024

    Jewelry Co. Says Target Stole Design Of Blood Drip Necklace

    A New York jewelry company accused Target of copying the design of one of its Halloween-themed necklaces for the second time, according to a lawsuit filed Thursday in New Jersey federal court.

  • September 20, 2024

    Off The Bench: Favre Flops, Dolan Escapes, Betting Cos. Sued

    In this week's Off The Bench, retired quarterback Brett Favre can't revive a defamation suit against fellow NFL Hall of Famer Shannon Sharpe, New York Knicks owner James Dolan is spared from federal sex-trafficking claims, and two sports-betting giants face new suits over their use of MLB player images.

  • September 20, 2024

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen crypto exchange Binance face a new claim from the co-founder of SO Legal, a U.S. immersive art company take on a Bristol venue for copyright violations and Blake Morgan LLP hit with a pension schemes claim by The Trust for Welsh Archeology. Here, Law360 looks at these and other new claims in the U.K.

  • September 19, 2024

    Mistrial Avoided In MGA's 3rd Round With T.I. In IP Saga

    A California federal judge declined to order a mistrial Thursday in the intellectual property dispute between MGA Entertainment and hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris, but he issued a curative instruction to jurors after MGA objected to statements made by an attorney for the Harrises.

  • September 19, 2024

    Michigan Judge Clears BMW Of Infringing Navigation Patent

    A Michigan federal judge has put an end to infringement allegations in Detroit in the final case of a decadelong legal saga over a patent on a way of navigating cars, finding that BMW cars don't do what's covered in the patent.

  • September 19, 2024

    Bills On Patent Eligibility, PTAB Limits Near Senate Markup

    Legislation aiming to reduce decisions finding inventions ineligible for patenting and restrict invalidity challenges at the Patent Trial and Appeal Board will likely be considered by the Senate Judiciary Committee next week, a sponsor of the measures said Thursday.

  • September 19, 2024

    AndroGel Antitrust Case On Hold Amid Settlement Talk

    A Pennsylvania federal judge has agreed to pause a class action against Abbott and other drugmakers over allegedly sham patent cases, saying a settlement between the two sides may be in the works.

  • September 19, 2024

    New Patent Legal Group Launches To Assist Inventors

    Patent experts, including a former Federal Circuit chief judge, former federal officials and current legal scholars, say a new advocacy organization they have formed will back smaller inventors against larger companies in patent fights.

  • September 19, 2024

    Nintendo, Pokémon Say 'Palworld' Maker Infringed Patents

    Nintendo and The Pokémon Co. announced Thursday that they filed a patent infringement suit in Japan against the video game company behind "Palworld," an open world adventure game featuring fluffy creatures wielding rocket launchers and assault rifles.

  • September 19, 2024

    Publishers Back Music Companies' Bid To Restore $1B Win

    Organizations that represent music publishers and songwriters urged the U.S. Supreme Court on Thursday to review a Fourth Circuit ruling that scrapped a $1 billion jury verdict against Cox Communications Inc. for ignoring online piracy, saying the three-judge appeal panel's conclusion "effectively immunizes internet service providers" from vicarious liability.

  • September 19, 2024

    Norwich Asks Justices To Allow Sale Of Generic Diarrhea Drug

    A New York drugmaker has told the U.S. Supreme Court that the courts have gone too far in preventing the release of a generic version of a blockbuster diarrhea drug, after a lower court found there was a way of using the drug that would infringe certain patents.

  • September 19, 2024

    Judge Gives Dow Jones Win In Article Thievery Case

    A Texas federal judge has handed a win to publisher Dow Jones & Co. in a copyright infringement suit accusing an investment manager of wrongfully copying and distributing thousands of news articles from The Wall Street Journal.

  • September 19, 2024

    Consultant Ducks Contempt In Fight Over Packaging Patent

    An inventor facing allegations of abusive patent behavior by the packaging company for which he previously consulted has dodged a civil contempt finding after a North Carolina federal judge found he was not in violation of an injunction barring him from making false infringement claims.

  • September 19, 2024

    DC Circ. Skeptical Of Copyrights For AI-Created Artworks

    A trio of D.C. Circuit judges appeared skeptical Thursday of arguments from an artificial intelligence inventor trying to copyright a painting by his AI system, questioning whether he is backing off his stance that his program created the art completely autonomously — the very reason the U.S. Copyright Office rejected his application.

  • September 19, 2024

    Bejin Bieneman Boutique Trio Joins Taft's Detroit IP Team

    Taft Stettinius & Hollister LLP has hired three attorneys from intellectual property boutique Bejin Bieneman PLC, including one of that firm's name partners, who have joined Taft's Detroit office, the firm announced this week.

  • September 19, 2024

    Nantucket Festival Owner Says Rival Exploiting Discovery

    The longtime operator of a wine and food festival on Nantucket says a competitor who started a similarly named event is now trying to take advantage of a court order by making "improperly broad and harassing discovery requests" to further undermine her business.

  • September 19, 2024

    Calif. Vape Co. Says Mich. Store Is Selling Counterfeit G Pens

    California-based GS Holistic LLC is suing a Michigan smoke shop in federal court, alleging that it is selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, infringing its trademarks and harming its reputation.

  • September 18, 2024

    Axonics Didn't Infringe Medtronic Patents, Calif. Jury Says

    Axonics did not infringe three of Medtronic's patents related to its bladder and bowel control device, a California federal jury determined Wednesday.

  • September 18, 2024

    MGA Threatens Mistrial In O.M.G Dolls IP Fight With T.I.

    An attorney for MGA Entertainment and its CEO told a California federal judge Wednesday that his clients may seek a mistrial in the intellectual property dispute between MGA and hip-hop moguls T.I. and Tiny Harris, which could end the third jury trial between the parties.

  • September 18, 2024

    AI Musician Denies Purported $10M Streaming Scam

    A North Carolina man facing a novel fraud case alleging he used artificial intelligence on platforms like Apple Music, Spotify and YouTube to generate around $10 million in illegal revenues denied wrongdoing at his initial court appearance Wednesday in New York.

  • September 18, 2024

    'Bling Empire' Star Owes $900K To Ex-Partner For Show Idea

    A California jury has concluded that the executive producer and star of Netflix's series "Bling Empire," Kelly Mi Li, owes a former business partner nearly $700,000 for breach of contract and fiduciary duties, along with $200,000 in punitive damages. 

  • September 18, 2024

    Fed. Circ. Revives Astellas Patent Axed As Natural Law

    The Federal Circuit on Wednesday vacated a lower court's invalidation of an Astellas Pharma overactive bladder medication patent for claiming only a natural law, saying the holding was improper because the generics makers accused of infringement never made that argument.

  • September 18, 2024

    Nintendo Stole BlackBerry IP For Devices, Patent Holder Says

    Nintendo has been hit with a patent infringement suit in Washington federal court by an Irish firm that holds the rights to many of BlackBerry's inventions, targeting technologies used in controllers for the popular Switch console and other gaming accessories.

Expert Analysis

  • Fed. Circ. Ruling Creates New Rule For Certification Marks

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    The Federal Circuit's decision last month in Bureau National Interprofessionnel du Cognac v. Cologne & Cognac Entertainment is significant in that it establishes a new standard for assessing evidence of third-party uses of a certification mark in deciding whether the mark is famous, say Samantha Katze and Lisa Rosaya at Manatt.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • Why India May Become A Major Patent Litigation Forum

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    India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.

  • Opinion

    To Lower Drug Prices, Harris Must Address Patent Thickets

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    If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • The Fed. Circ. In August: Secret Sales And Public Disclosures

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    Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • Trending At The PTAB: Obviousness In Director Reviews

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    Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.

  • AI Art Ruling Shows Courts' Training Data Cases Approach

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    A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.

  • FTC Focus: What Access To Patent Settlements Would Mean

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    Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Takeaways From UPC's Amgen Patent Invalidity Analysis

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    The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.

  • How Cos. Can Leverage IP In Corporate Bankruptcy

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    In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.

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