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Intellectual Property
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March 06, 2024
J&J Seeks Exit From Suit Over Stelara Exclusivity
Johnson & Johnson told a Virginia federal court Tuesday it shouldn't have to face a proposed class action claiming it has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying there was no "scheme" to enforce its patents as the suit alleges.
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March 06, 2024
Sony, ISP File Dueling 4th Circ. Petitions Over $1B Verdict
Cox Communications Inc. has urged the full Fourth Circuit to reconsider a three-judge panel's decision that the internet service provider is liable for willfully contributing to copyright infringement in a lawsuit from music publishers, arguing the panel's conclusion upholding a jury's finding makes the circuit "the most severe" regime in the country.
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March 06, 2024
PTAB Turns Off Dali Antenna Patent In 2 Texas Cases
A pair of rulings from an administrative board has gutted the language in a patent covering antenna technology that had been at issue in a web of dismissed lawsuits in Texas.
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March 06, 2024
Fed. Circ. Corrects Albright On His Reading Of Contradiction
The Federal Circuit used a precedential ruling on Wednesday to dictate that the top federal judge in the Western District of Texas' popular Waco court made an "inapt" conclusion about whether language in a patent covering a lithium-ion battery was contradictory in some way.
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March 06, 2024
New Balance Bid To Cut Nike Patents Is Too Early, Judge Hints
New Balance's bid to snip three patents from the latest infringement fight centering on Nike's patented Flyknit technology got an uneasy reception Wednesday from a Boston federal judge unwilling to dig too deep into the merits of the claims at the early stage of this case.
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March 06, 2024
PTAB Has To Rehear Challenge In Biotech Row
A panel set up by U.S. Patent and Trademark Office Director Kathi Vidal has told the Patent Trial and Appeal Board it needs to redo its review of a fight between two biotech companies.
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March 06, 2024
Lewis Brisbois Adds IP Attorney From Robins Kaplan
Lewis Brisbois Bisgaard & Smith LLP has added an attorney who worked for Robins Kaplan LLP for about seven years as a partner in its Minneapolis office.
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March 05, 2024
UMass, L'Oreal Fight Over Anti-Aging Cream May Be Near End
Cosmetics brand L'Oreal and the University of Massachusetts told a Delaware federal judge they "have agreed to resolve" a purportedly $200 million dispute over a method for adding an ingredient into moisturizing cream, nearly two years after a federal appeals court breathed new life into the patent case.
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March 05, 2024
X Axes Music Publishers' Direct, Not Contributory, IP Claims
X Corp. can escape part of a lawsuit brought by dozens of major music publishers accusing it of "fueling its business" by intentionally breeding "massive" copyright infringement on its platform, a Tennessee federal judge ruled Tuesday, but it must face allegations that some of its practices constitute contributory infringement.
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March 05, 2024
Fed. Circ. Doubts Whether Atty Fee Suit Has Legs
The Federal Circuit didn't seem convinced Tuesday morning that a U.S. Court of Federal Claims order overturning an attorney fee award was even ripe for appeal, but by the end of oral arguments, the panel's ire was drawn toward an eleventh-hour challenge to jurisdiction.
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March 05, 2024
Trolling Web Forum Takes Copyright Feud To High Court
An online forum notorious for supporting harassment is going to the U.S. Supreme Court with an argument that at least one court is wrong about what constitutes a notice of infringement, in efforts to shake off a copyright lawsuit from a self-published writer.
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March 05, 2024
Fed. Circ. Grills Both Sides In Toyo Tire IP Dispute
Federal Circuit judges had pointed questions Tuesday about a $10.1 million award — slashed from $110 million — that a small tire maker won against Toyo Tire for unfair competition and other claims, and about Toyo's bid to revive its trade dress case against the rival, Atturo Tire.
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March 05, 2024
Fed. Circ. Upholds Axing Pfizer Vax IP But Calls For More Info
The Patent Trial and Appeal Board rightly invalidated most of a Pfizer flu vaccine patent but was too hasty in its analysis when refusing to amend the patent, the Federal Circuit said Tuesday.
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March 05, 2024
Judge Lets Ramey Drop Client In Netflix Patent Case
A California federal judge has allowed Ramey LLP to withdraw from representing a Finnish inventor in his patent infringement case against Netflix, saying he wasn't paying his required fees.
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March 05, 2024
IPwe Seeks Ch. 7 Liquidation After Ch. 11 Financing Loss
Patent trading platform operator IPwe asked a Delaware bankruptcy judge Tuesday to convert its Chapter 11 reorganization to a Chapter 7 liquidation, saying it has lost its source of bankruptcy funding and has no way to continue with its planned going-concern sale.
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March 05, 2024
Gibson Dunn AI Leader On Weathering The AI Policy Blizzard
Like a mountaineer leading a team through a snowstorm, Gibson Dunn & Crutcher LLP's artificial intelligence co-chair Cassandra L. Gaedt-Sheckter is guiding companies developing and using artificial intelligence through a blizzard of new laws and regulations coming online in Europe and the U.S., saying that assessing AI risks is the North Star to mitigating them.
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March 05, 2024
Magnolia Medical Again Sues Kurin Over Sepsis IP
Magnolia Medical has accused Kurin of continuing to infringe patents covering its diagnostic tests for sepsis and other bloodstream infections after Kurin lost a jury trial in 2022 over a different patent, claiming its rival has a "predatory business model."
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March 05, 2024
Fed. Circ. Mostly Affirms IBM Defeat In Online Ad Patent Row
The Federal Circuit has agreed that a New York federal court was right to invalidate claims in IBM Corp.'s patents covering online advertising, and also backed a finding that many of the claims were not infringed by pet goods retailer Chewy.
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March 05, 2024
$1.2B 'King Of Pop' Music Catalog Deal Leads Top 10 Ever
As a stable asset class that has fared well amid economic uncertainty, music catalogs have attracted much attention from both private equity firms and music industry corporations that are attuned to increasingly lucrative royalty fees and spikes in music streaming. Here, Law360 breaks down the largest music catalog-related asset sales ever, based on official announcements and media reports.
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March 05, 2024
Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP
A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.
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March 05, 2024
Microsoft Says NYT Has No 'Real' Examples Of Infringement
Microsoft Corp. urged a Manhattan federal judge to dismiss claims from a New York Times' copyright complaint that contends ChatGPT illegally reproduces the publication's content, arguing the newspaper has not produced "a single real-world example" of that happening.
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March 05, 2024
Settlement Cools Off Conn. Pizza Chain's Trademark Fight
The parties in a long-running trademark dispute involving the Connecticut-based pizza chain Colony Grill, which twice was delivered to the Second Circuit, have permanently dropped their claims against each other in the wake of a recent settlement.
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March 05, 2024
Judge Rips THC Drink Co.'s 'Repackaged' Injunction Bid
A manufacturer of THC- and CBD-infused beverages shouldn't prevail on its second attempt to stop a rival from marketing drinks under an allegedly similar name, an Illinois federal magistrate judge found Monday, writing that the company's second injunction request "simply repackaged and reargued information."
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March 05, 2024
Bape Can't Outrun Nike's Claim It Swiped Sneaker Designs
A New York federal judge refused Monday to end Nike's trademark action accusing Bape of copying the "iconic" look of Nike's Air Force 1 and Air Jordan sneakers, finding Nike's certificates of registration sufficiently articulate the purview of its purported trade dress, including specific, written descriptions and design details.
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March 05, 2024
ADI Can't Recoup Full Quinn Emanuel Bill In IP Theft Case
A Massachusetts federal judge on Tuesday compared Analog Devices Inc.'s pricey hiring of a Quinn Emanuel attorney to monitor its former engineer's trade secrets trial in person to paying "a brain surgeon to pop a pimple" in an order denying restitution for those costs.
Expert Analysis
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How Executives' Deposition Standards Can Differ
The recent Trustees of Purdue University v. Wolfspeed Inc. decision granting a motion on a protective order for a high-level witness shows how courts can vary in the application of the apex doctrine and analysis under Rule 26 of the Federal Rule of Civil Procedure, say Genevieve Halpenny and John Cook at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Lessons For Biosimilar And Biologic Antitrust Litigation
Aaron Marks at Cohen Milstein considers emerging ways in which biosimilar markets differ from traditional small-molecule drug markets, and recommends how pharmaceutical antitrust litigators can account for these market dynamics in biosimilar-delay cases.
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Teach Your Witness About 'Good' And 'Bad' Testimony Words
To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.
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Practice Tips To Help Keep Patent Reissuance Options Open
The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.
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Hollywood Labor Negotiations Provide AI Road Map
Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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When And How Companies Should Build An AI Strategy
Once a company has decided to engage with artificial intelligence, there are myriad steps that need to be taken, beginning with the creation of an AI leadership team that has deep knowledge about the company's business risks and is highly respected by senior management, say Judith Rinearson and Corey Bieber at K&L Gates.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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How 2nd Circ. Clarified A Key Right Of Publicity Claim Issue
Mark Baghdassarian and Shannon Hedvat at Kramer Levin provide an overview of state law right of publicity claims, the federal Copyright Act, and how the two intersect in the Federal Circuit's finding in Melendez v. Sirius that the federal law preempts the state claims in cases like these.
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Workplace Tips For Avoiding Headline-Making AI Blunders
Recent news stories highlighting the challenges of unchecked generative artificial intelligence use in the workplace provide lessons on minimizing the risks surrounding confidentiality, bias and hallucinations, say Megan Silverman and Vivek Khanwalkar at QuisLex.
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What Case Trends Reveal About Life Sciences Results At ITC
A look at recent U.S. International Trade Commission case data shows that pharmaceuticals, medical devices and other life sciences products constitute a growing share of the technologies involved in Section 337 investigations, with overwhelmingly positive results for companies seeking to protect their IP rights from foreign competitors, say Brian Busey and Daniel Muino at MoFo.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.