Intellectual Property

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Takeaways From Fair Use Rejection Of Free E-Book Library

The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.
September 23, 2024
Prolific Patent Filer Says 'Prosecution Laches Does Not Exist'

A prolific filer of patents told the Federal Circuit on Monday that a legal doctrine created by the courts to punish filers for deliberately delaying applications "does not exist" under current laws.
September 23, 2024
Coinbase Brings On Ex-Citadel Legal Chief With SEC Chops

Coinbase announced on Monday it has hired Ryan VanGrack to serve as its vice president of legal, where he will be overseeing civil litigation, regulatory probes, employment and intellectual property matters for the crypto exchange after spending seven years with Citadel Securities as general counsel.
September 23, 2024
Fed. Circ. Won't Revive Qualcomm Power Amplifier Patent

The Federal Circuit on Monday opted to leave unchanged a handful of rulings from the Patent Trial and Appeal Board involving a Qualcomm patent that was challenged by Intel.
September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit

The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
September 23, 2024
Oracle Wins $58M In Atty Fees In Software Copyright Suit

Attorneys representing Oracle in its long-running software copyright battle with Rimini Street Inc. were awarded $58 million in fees Monday by a Nevada federal judge who called the tech giant's $69 million request "slightly excessive."
September 23, 2024
GSK Claims Pfizer Hasn't Proven Misconduct In Vax IP Fight

GlaxoSmithKline is urging a Delaware federal judge to block Pfizer and BioNTech's claims that it has misused its patents tied to COVID-19 vaccination technology, or that it and a predecessor acted inappropriately when applying for those patents.
September 23, 2024
Fed. Circ. OKs Novartis Loss In Eye Syringe Patent Feud

The Federal Circuit has backed a Patent Trial and Appeal Board finding that more than two dozen claims in a Novartis pre-filled eye injection syringe patent weren't patentable.
September 23, 2024
PNC, Plaid End Legal Battle With Customer Data-Sharing Deal

PNC Financial Services Group and Plaid have reached an agreement to end nearly four years of trademark litigation that allows PNC customers to use Plaid to share their financial data with fintech companies like Venmo and Cash App.
September 23, 2024
Ex-Iowa Lawmaker Takes 'Success Kid' Meme Row To Justices

Former Iowa Rep. Steve King has told the U.S. Supreme Court that the mother of the widely memed "Success Kid" engaged in "lawfare" by taking a copyright case against the controversial former politician to trial and ultimately obtaining $750 in damages.
September 23, 2024
Jury Finds MGA Owes T.I. $71.4M For Ripping Off IP With Dolls

A California federal jury handed rapper T.I. a victory Monday in the third trial over his claims against MGA Entertainment, awarding his side more than $71.4 million in compensatory and punitive damages for infringing the trade dress and publicity rights of the OMG Girlz pop group he co-owns with seven of MGA's O.M.G. dolls.
September 23, 2024
Cancer Test Cos. Strike Deal For Partial End To Patent Row

Natera Inc. and Neogenomics Laboratories Inc. said they reached a confidential yet partial settlement Friday in their dispute covering intellectual property for a Natera DNA test meant to detect cancer.
September 23, 2024
Mass. General Asks Court To End Fat Removal Patent License

Massachusetts General Hospital is asking a judge to rule that a patent license agreement for a fat removal system it developed has been terminated, after the licensee allegedly defaulted on its payment obligations.
September 23, 2024
Shkreli Told To Provide More Info On Wu-Tang Album Copies

A Brooklyn federal judge on Monday ordered Martin Shkreli to update the court on how many tracks he copied from a one-of-a-kind Wu-Tang Clan album after the cryptocurrency group that now owns the work argued Shkreli could be holding out on surrendering all his copies amid the parties' legal battle.
September 20, 2024
RV Co. Wins $5.5M Enhanced TM Damages, $1.3M Atty Fees

Forest River can collect enhanced damages after a jury determined inTech Trailers infringed its mountain design trademarks on recreational vehicles, an Indiana federal judge ruled Thursday, increasing the award from $2 million to more than $5.5 million to make sure inTech does not profit from its infringement.
September 20, 2024
JBS Unit Owns Abandoned 'Pollo Picú' TM, 1st Circ. Says

JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.
September 20, 2024
House To Weigh Patent Bill Aimed At Cutting Drug Prices

The U.S. House of Representatives is expected to consider a bill soon that has already cleared the Senate and could streamline patent litigation by curbing the number of patents that makers of biologic drugs can assert over biosimilar drugs.
September 20, 2024
Hyundai Says Startup Can't Sue In Calif. Over Trade Secrets

South Korea-based Hyundai urged a California federal judge on Friday to toss a lawsuit alleging it stole a North Carolina startup's electric vehicle battery material technology, saying a contract inked by a Silicon Valley Hyundai office doesn't give the district court in California jurisdiction over the matter.
September 20, 2024
ITC Has Been Launching Fewer Section 337 Investigations

Intellectual property activity at the U.S. International Trade Commission has "decreased somewhat," the agency said in a report Friday.
September 20, 2024
Baby Biz Can't Get Fees After Beating Shampoo Pitcher IP Suit

A Louisiana federal judge said a 7-year-old fight over baby products "was a hard-fought patent case," rejecting efforts from a Louisiana company to obtain nearly $2 million in legal fees from a Kansas inventor of a pitcher for rinsing out shampoo.
September 20, 2024
T.I.'s Fight With MGA Over Pop Group IP Goes To Jury Again

An attorney for hip hop moguls T.I. and Tiny Harris told a California federal jury during closing arguments Friday that "common sense" should lead them to find that MGA Entertainment's line of O.M.G. dolls infringed the trade dress and misappropriated the name, likeness and identity of the OMG Girlz pop group.
September 20, 2024
Alnylam Seeks To End Inventorship Suit Tied To COVID Vax

Alnylam Pharmaceuticals, which alleges that COVID-19 vaccines made by Pfizer and Moderna infringe its patents, has moved in Delaware federal court to dismiss a suit by former collaborator Acuitas Therapeutics Inc. seeking to have its scientists added as inventors on the patents.
September 20, 2024
Justices Asked To Clarify IP Eligibility In Animation App Case

App developer Plotagraph has asked the U.S. Supreme Court to review a Federal Circuit decision that found its patents that allow users to create the illusion of movement within digital photos or videos were invalid because they were abstract under the high court's Alice decision.
September 20, 2024
Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar

A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.
September 20, 2024
Northwestern Scores $6.6M Verdict On 'Cobot' Patents

A Delaware federal jury has awarded $6.6 million to Northwestern University after finding that Universal Robots infringed claims in three patents on collaborative robot, or "cobot," systems.
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.

Editor's Picks

Fed. Circ.'s Fight With Newman: A Year In Review

One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
Why IP Attys Are Watching This $2B Trade Secrets Battle

A case of alleged corporate espionage involving two software companies that resulted in a $2 billion verdict has all the hallmarks of a legal thriller, and attorneys are watching the appeal closely to see how it could impact trade secrets litigation.
Trials After PTAB Invalidity Rulings Present Tricky Issues

A recent case illustrates that Patent Trial and Appeal Board decisions finding patents invalid do not necessarily preclude a district court from holding an infringement trial on the same patents, though attorneys say such a scenario could raise some challenging issues.

Expert Analysis

A Look At The Economic Impact Of Drug Patent Differentiation

Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.
Google And The Next Frontier Of Divestiture Antitrust Remedy

The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
Corporate Legal Strategy Must Consider Risk Of PR Snafus

Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
Defamation Law Changes May Be Brewing At Supreme Court

The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.
Exploring Practical Employer Alternatives To Noncompetes

With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
It's No Longer Enough For Firms To Be Trusted Advisers

Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
Breaking Down Director Review Timing At The PTAB

Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.
Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.
Patent Lessons From 4 Federal Circuit Reversals In July

The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
Video Game Release Highlights TM Pitfalls Of App Store

The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.
5 Credibility Lessons Trial Attys Can Learn From Harris' Run

In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.
Patent Owner Estoppel Questions In The Wake Of SoftView

The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.
Copyright Termination Opinion Departs From Long-Held Views

In Vetter v. Resnik, a federal court recently held for the first time that termination rights under Section 304 of the Copyright Act recapture domestic and foreign rights where the original grant was for "worldwide" rights — misinterpreting a basic principle of international copyright treaties, say Rebecca Benyamin and Eric J. Schwartz at Mitchell Silberberg.
3 Patent Considerations For America's New Quantum Hub

Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.