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Intellectual Property
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March 26, 2024
Calif. Atty Tapped To Be RFK Jr.'s Running Mate
Independent presidential candidate Robert F. Kennedy Jr. announced Tuesday that a Silicon Valley lawyer will be his running mate as the pair make a longshot bid for the White House this year.
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March 26, 2024
Abbott Sues Over 3D TM Infringement Of Diabetes Device
Abbott Diabetes has sued several companies for selling a Chinese-made glucose monitoring device with signs that allegedly look "identical" to the ones on its product.
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March 26, 2024
Casino Biz Seeks To Smother Rival's 'Mini Burning Hot' TM
A casino tech company has asked a London court to revoke a competitor's trademark and clear the path for it to extend its "Burning Hot" logo portfolio after the rival company blocked a new application using its purportedly invalid "Mini Burning Hot" sign.
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March 25, 2024
Something In The Way Of Nirvana Logo Trial, Judge Told
Counsel for a former record company employee who claims he created Nirvana's "smiley face" logo urged a California federal judge Monday to let him immediately appeal a ruling denying his ownership claim, and argued the band's copyright suit against designer Marc Jacobs over the logo should be delayed in the meanwhile.
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March 25, 2024
Calif. Judge Sick Of VLSI, Intel Filing Without Permission
A California federal judge has chastised VLSI and Intel for overflowing the court with endless "repetitive and unhelpful" briefs, which they were never authorized to file.
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March 25, 2024
X Corp.'s Suit Against Hate Speech Watchdog Axed For Good
A California federal judge firmly rejected X Corp.'s suit against a hate speech watchdog Monday, slamming the case as an attempt to punish the group for exercising its free speech rights and permanently dismissing X's claims.
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March 25, 2024
Judge Finalizes Ban On Taking $540M IP Fight To China
An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also start contempt proceedings in the case.
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March 25, 2024
Amgen Sues Colorado After Drug's 'Unaffordable' Rating
Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.
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March 25, 2024
PacBio CEO's Words Haunt Patent Invalidity Arguments
A California federal judge concluded Monday that statements made by the chief executive officer of biotech company Pacific Biosciences to investors at an earnings call undermined the company's invalidity arguments in a patent suit it's facing.
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March 25, 2024
PTAB Splits On Medtronic Bladder And Bowel Control Patents
The Patent Trial and Appeal Board has issued split decisions that upheld one Medtronic patent covering an electrical stimulation system used to treat loss of bladder and bowel control and trimmed another patent in challenges brought by a smaller rival in the medical device field.
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March 25, 2024
'Blade Server' Patent Co. Scores $18M Waco Verdict
A patent litigation outfit that has been filing suits for more than a decade over "blade server" technology has landed nearly $18 million from a jury in Waco, Texas, against a Taiwanese computer manufacturer that tried to refute the technology's importance by relying on testimony from the inventor of the USB drive.
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March 25, 2024
Berkshire Hathaway Unit's Patent Must Undergo 3 PGRs
The Patent Trial and Appeal Board has instituted three post-grant reviews challenging a single Columbia Insurance Co. fire wall hanger patent, following petitions from Simpson Strong-Tie Company Inc.
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March 25, 2024
Fed. Circ. Dissent Raises Alarm Over IP Safe Harbor Use
A California federal judge rightly dismissed Edwards Lifesciences Corp.'s infringement suit against Meril Life Sciences Pvt. Ltd., the Federal Circuit held Monday, with a dissent arguing such a holding would "create future mischief."
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March 25, 2024
FTC Intervenes In Teva-Amneal Row To Push Patent Delisting
The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.
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March 25, 2024
InBev's Modelo Loses 2nd Circ. Appeal In Hard Seltzer Fight
The Second Circuit said Monday that a licensing agreement between Anheuser-Busch InBev SA and Constellation Brands was ambiguous about whether hard seltzers are beer, affirming a New York federal judge's order to let jurors decide the question at a trial where Constellation Brands prevailed against claims of trademark infringement.
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March 25, 2024
Jury Hands Mortgage Co. $73K Win In Trade Secrets Fight
An Ohio federal jury has found that Revolution Mortgage owes just over $73,700 to competitor Equity Resources in a case where Equity accused its rival of misappropriation of trade secrets.
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March 25, 2024
Bloomberg Asks To Toss Ex-Gov. Huckabee's AI Class Action
Media company Bloomberg has asked a Manhattan federal judge to dismiss it from a proposed class action led by former Arkansas Gov. Mike Huckabee, arguing that the plaintiffs' complaint lacks specifics detailing how their e-books' copyrights were allegedly infringed to train Bloomberg's large language model.
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March 25, 2024
Ownership Suit Over McCartney, Jagger Recordings Is Tossed
A Pennsylvania federal judge said Monday that no copyright dispute exists between the son of a music producer who recorded interviews with rock icons such as Paul McCartney and Mick Jagger and a man who sold the collection, reasoning that the son had no right to the recordings because they were never registered for copyrights with the federal government.
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March 25, 2024
Pool Co. Objects To Rival Counsel's Exit After $15M Verdict
A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Vidal Vacates Denials Of Challenges To Neo Wireless IP
U.S. Patent and Trademark Office Director Kathi Vidal has thrown out Patent Trial and Appeal Board decisions not to review whether Neo Wireless patents are invalid in challenges brought by Honda and others.
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March 25, 2024
Schuh, Simmi Want To Give Naked Wolfe Designs The Boot
Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs weren't original enough to deserve protection in the first place.
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March 22, 2024
Gilead's Win Upheld In Billion-Dollar HIV Drug Patent Case
A Delaware federal judge on Friday largely upheld a jury's verdict rejecting the government's potentially billion-dollar claim that Gilead Sciences Inc. infringed patents covering HIV drugs, ruling that the jury was correct in finding Gilead didn't cause doctors and patients to infringe.
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March 22, 2024
Jury Says Dexcom Infringed 1 Abbott Patent In Mixed Verdict
A Delaware federal jury decided Friday that Dexcom infringed a glucose monitor patent owned by an Abbott Laboratories unit, cleared it of infringing two others and hung on a fourth, setting up a later damages trial in the latest facet of a globe-spanning legal dispute between the companies.
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March 22, 2024
Disney Can't Slip Patent Claims In Suit Over Thanos VFX Tech
A California federal judge has kept alive a visual effects company's patent infringement claims alleging The Walt Disney Co. unlawfully used its technology to create iconic Marvel film characters, such as Thanos and the Hulk, but once again tossed its claims of copyright infringement.
Expert Analysis
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First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance
A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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How Cos. Can Protect Privacy In The Age Of AI
The rapidly developing landscape of generative AI and the related legal and regulatory concerns means that what is compliant today may not be tomorrow, and companies must take a pragmatic approach to compliance that anticipates future legal changes, say attorneys at Goodwin.
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Opinion
USPTO's Changes To Rule 704 Contain Some Inherent Risks
The USPTO's changes to Rule 704 relating to patent term adjustments is fraught with peril not only for the applicant but also personal jeopardy for any attorney who uses this rule, says Allen Hoover at Fitch Even.
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Multiwork Statutory Licenses Offer Models For Generative AI
If courts do not find fair use to be an available defense for training large language models, then statutory licenses set forth in the Copyright Act's satellite and cable sections may provide potential standards for a multiwork, multistakeholder statutory license for generative AI purposes, says Gary Greenstein at Wilson Sonsini.
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7 NIL Considerations For Brand Deals With Student-Athletes
While the constantly changing laws, rules and regulations for name, image and likeness in collegiate athletics are difficult to navigate, the benefits of a brand's successful NIL marketing campaign can outweigh the challenge of traversing this complex framework, say attorneys at Arnold & Porter.
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Cos.' Trade Secret Measures Must Adjust To Remote-Work Era
Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.
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White House AI Order Balances Innovation And Regulation
President Joe Biden’s recently issued executive order on artificial intelligence lays out a sprawling list of directives aimed at establishing standards for safety, security and privacy protection, and may help strike the balance between the freedom to innovate and the need to impose regulation in this rapidly evolving space, say Kristen Logan and Martin Zoltick at Rothwell Figg.
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How Biden's AI Order Stacks Up Against Calif. And G7 Activity
Evaluating the federal AI executive order alongside the California AI executive order and the G7's Hiroshima AI Code of Conduct can offer a more robust picture of key risks and concerns companies should proactively work to mitigate as they build or integrate artificial intelligence tools into their products and services, say attorneys at Jenner & Block.
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ITC Ban On Apple Watch Could Still Be Reversed
The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.
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Examining US And Europe Patent Disclosure For AI Inventions
As applicants before the U.S. Patent and Trademark Office and the European Patent Office increasingly seek patent protection for inventions relating to artificial intelligence, the applications may require more implementation details than traditional computer-implemented inventions, including disclosure of data and methods used to train the AI systems, say attorneys at Finnegan.
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Unlocking Value In Carve-Out M&A Transactions
Some of the largest mergers and acquisitions in 2023 were carve-out transactions, and despite their unique intricacies and challenges, these transactions offer both buyers and sellers the opportunity to generate outsized returns in an otherwise vigorously competitive landscape, when carefully planned and diligently executed, say Kevin Crews and Rami Totari at Kirkland.
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Incontinence Drug Ruling Offers Key Patent Drafting Lessons
In a long-awaited decision in Astellas v. Teva and Sandoz, an English court found that the patent for a drug used to treat overactive bladder syndrome had not been infringed, highlighting the interaction between patent drafting and litigation strategy, and why claim infringement is as important a consideration as validity, says George McCubbin at Herbert Smith.
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How Justices Could Rule On A Key Copyright Statute
Attorneys at Manatt discuss how the U.S. Supreme Court may choose to address a fundamental accrual issue in Warner Chappell Music v. Nealy, which precedents the court may look to in analyzing the issue and the challenges copyright claimants may face going forward.