Intellectual Property

  • February 21, 2024

    Actelion Cites FDA Safety Rules Against Tracleer Antitrust Suit

    Actelion Pharmaceuticals Ltd. said federal rules controlling distribution of potentially dangerous drugs spare it from antitrust litigation over its hypertension drug Tracleer, arguing it was required to deny needed samples to would-be generic competitors until they presented the right certification of safeguards.

  • February 21, 2024

    Wells Fargo Settles With Alleged Trade Secrets Poacher

    A Georgia federal court on Tuesday ended a recently settled lawsuit from Wells Fargo Bank against a former employee who was accused of stealing a trove of records from the bank on the eve of his departure for a competing payment processing company.

  • February 21, 2024

    Collector Gets 'One Final Shot' To Pay Famed Artist's Estate

    An Illinois federal judge on Wednesday reinstated a lawsuit claiming a collector infringed the copyright of the late Chicago photographer Vivian Maier, giving the collector until June to pay Maier's estate as agreed in a 2020 settlement of the case.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

  • February 20, 2024

    Fed. Circ. Won't Use Roku's Failed IPRs To End Reexams

    The Federal Circuit on Tuesday shot down Ioengine LLC's argument that the U.S. Patent and Trademark Office must be stopped from having examiners reconsider its patents, saying the patent owner doesn't need mid-dispute relief.

  • February 20, 2024

    Bank's Ex-Employees Must Face Trade Secrets Suit

    A Texas federal judge refused on Tuesday to toss the bulk of trade secret claims against a group of former employees of a company that eventually became Centennial Bank, but he did agree to trim some claims.

  • February 20, 2024

    5th Circ. Sides With Nickelback In 'Rockstar' Copyright Fight

    The Fifth Circuit on Monday ruled against an artist who claims Canadian rock band Nickelback ripped off his song for its 2005 hit "Rockstar," saying that singing about making lots of money or referencing sports are rockstar clichés and does not show a striking similarity.

  • February 20, 2024

    How Future Litigators Are Training In A 'Flight Simulator'

    Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology.

  • February 20, 2024

    Kirkland Can't Get 'Invasive' Atty Info From 2 BigLaw Firms

    A California federal magistrate judge barred Kirkland & Ellis LLP from subpoenaing confidential personnel information from a former intellectual property associate's prior employers, Paul Hastings LLP and Fish & Richardson PC, in its defense against her discrimination suit, ruling that Kirkland's subpoena requests are "invasive," irrelevant and "amazingly broad."

  • February 20, 2024

    VLSI Seeks Delay Of Trial On Intel Patent License Defense

    VLSI has urged a California federal judge to postpone a trial set for next month on Intel's claim that it has a license to VLSI's semiconductor patents in the multibillion-dollar dispute between the companies, saying the current trial date is "unfeasible and unfair."

  • February 20, 2024

    DraftKings Pushes To Keep Strict Limits On Former Exec

    Sports betting company DraftKings Inc. on Tuesday urged a Massachusetts federal court to maintain tight restrictions on a previous executive who is now working for Fanatics, bashing the man's attempts at loosening the court's order as "procedural sophistry" that will threaten its business.

  • February 20, 2024

    Patent Atty Group Supports Vanda In High Court Patent Case

    The National Association of Patent Practitioners, the American Council of the Blind and other groups have thrown their support behind Vanda's U.S. Supreme Court appeal of decisions invalidating its patents on Hetlioz, a drug for the blind.

  • February 20, 2024

    Ericsson, Lenovo IP Row Halted Amid Federal Probe

    A lawsuit alleging that Lenovo is infringing Ericsson's video technology was halted by a North Carolina federal court, which reasoned that a federal probe that will look into the same issues as the suit should be completed before the litigation can proceed.

  • February 20, 2024

    4th Circ. Orders Redo On Sony's $1B Music Piracy Damages

    Cox Communications Inc. is liable for contributing to copyright infringement against Sony Music Entertainment and others, but a Virginia federal court went too far by applying vicarious liability as well and needs to redo its $1 billion damages determination, the Fourth Circuit ruled Tuesday.

  • February 20, 2024

    Santos Wages IP Suit Against Kimmel's Prank Cameo Videos

    Former Rep. George Santos has accused Jimmy Kimmel of tricking him into recording phony Cameo request videos so the late-night host could air them and make fun of him on his show, according to a complaint alleging Kimmel, ABC and Disney are liable for copyright infringement, fraudulent inducement and other claims.

  • February 20, 2024

    Jack Daniel's Asks For Judgment In Chewy Dog Toy TM Fight

    The long-running dispute between Jack Daniel's and a company that made a poop-themed dog toy that parodied the whiskey maker's iconic bottles is back where it began 10 years ago in Arizona federal court, with each side asking for favorable judgments after the U.S. Supreme Court ruled the First Amendment does not shield VIP Products LLC from trademark claims.

  • February 20, 2024

    Peloton Win Brings 'Bike+' TM Suit To A Screeching Halt

    A California federal magistrate judge has tossed a trademark suit against Peloton over its "Bike+" brand, saying in her summary judgment decision that there is "no likelihood of confusion" between the interactive fitness equipment giant's product and a mobile app developed by a professional cyclist's fitness-tech company.

  • February 20, 2024

    Fed. Circ. Backs Microsoft's PTAB Win Over 3D Patents

    The Patent Trial and Appeal Board properly invalidated a pair of 3D medical imaging patents challenged by Microsoft, the Federal Circuit affirmed Tuesday.

  • February 20, 2024

    NYC Nonprofit Sues Rival Over 'Brooklyn Half Marathon' TM

    The nonprofit behind road races including the New York City Marathon has filed a suit against a rival organizer it claims infringed its trademark for the "Brooklyn Half Marathon" race.

  • February 20, 2024

    Orrick Lands Crowell & Moring ITC Practice Co-Leader In DC

    Orrick Herrington & Sutcliffe LLP announced Tuesday that it has added the co-leader of Crowell & Moring LLP's International Trade Commission Section 337 practice to its intellectual property litigation team in Washington, D.C.

  • February 20, 2024

    Justices Shoot Down Drugmaker's PTAB Preclusion Challenge

    The U.S. Supreme Court on Tuesday declined to consider whether it was fair to hold a company liable for infringement after the Patent Trial and Appeal Board had invalidated the underlying intellectual property. 

  • February 20, 2024

    Top 5 Cases To Watch At The Unified Patent Court

    The long-awaited opening of Europe’s Unified Patent Court has brought a period of uncertainty, leaving patent litigators navigating a new frontier for IP disputes and watching closely for the first major decisions set to be handed down in 2024.

  • February 20, 2024

    Justices Skip Brandy Melville's TM Dispute With Redbubble

    The U.S. Supreme Court on Tuesday passed on fashion retailer Brandy Melville's petition to review a Ninth Circuit holding that print-on-demand marketplace Redbubble can only be liable for sellers' trademark infringement if it has specific knowledge of the infringing conduct.

  • February 20, 2024

    Justices Deny Chinese Co.'s Appeal To Whirlpool Injunction

    The U.S. Supreme Court on Tuesday denied a petition from a Chinese company to review a Fifth Circuit decision to temporarily bar it from selling its kitchen stand mixers because Whirlpool Corp. is alleging the products infringe the registered trade dress for its KitchenAid mixers.

  • February 20, 2024

    Justices Won't Hear Apple Patent Challenge In $576M Case

    The U.S. Supreme Court refused Tuesday to consider if Apple should have been barred from joining a successful challenge to network security patents in a $576.5 million case, turning down cybersecurity company VirnetX Inc.'s argument that Apple's petition was filed too late.

Expert Analysis

  • What To Keep Tabs On In The NIL Arena This Year

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    The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.

  • Patent Prosecution Carries Consequences For Later Litigation

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    The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.

  • 10 Global Antitrust Trends To Anticipate In 2024

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    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Supreme Court Amgen Ruling's Major Effect On Enablement

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    The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Fed. Circ. Cellect Ruling Triggers Significant Patent Risk

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    A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 6 Focus Areas For Companies Managing The Risks Of AI Use

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    To harness the significant and potentially transformative benefits that generative artificial intelligence can confer, companies must establish appropriate oversight and governance, ensure appropriate disclosures, and resolve other regulatory and legal challenges arising from deployment, say attorneys at Shearman.

  • On The Edge: Lessons In Patent Litigation Financing

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    A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.

  • Trends That Tech Lawyers Should Keep An Eye On In 2024

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    Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.

  • Copyright And Generative AI Developments To Watch In 2024

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    This year could bring clarity to critical copyright issues raised by the recent surge of development in generative AI platforms, as Congress continues its legislative focus in this area and litigation tests theories of liability, say Joshua Weigensberg and Felicity Kohn at Pryor Cashman.

  • Emerging Risks Affecting The Tech Legal Landscape

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    The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

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