Intellectual Property

  • September 18, 2024

    ITC Looking At Advanced Bionics Implant Patent Claims

    The U.S. International Trade Commission said it will look into allegations from Switzerland's Advanced Bionics that Austria's Med-El has been infringing cochlear implant hearing aid technology.

  • September 18, 2024

    Conn. Investment Adviser Stole Secrets, Ex-Employer Says

    An employee of a Connecticut investment advisory firm started a competing company and solicited his employer's clients before suddenly resigning and taking trade secrets to his new business, according to a new lawsuit in state court.

  • September 18, 2024

    NCAA Must Give Up Control To Reach Suitable NIL Settlement

    The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.

  • September 18, 2024

    No Excess Coverage For Atos' Trade Secrets Suit, Judge Says

    A Liberty Mutual unit doesn't owe coverage to a subsidiary of French information technology giant Atos for an underlying trade secrets suit, a New York federal court ruled, saying the company failed to provide timely notice of the claim as required by its $10 million errors and omissions policy.

  • September 18, 2024

    Texas Firm, Marketing Biz Settle 'Click To Call' Ad Scheme Suit

    A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.

  • September 18, 2024

    Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes

    California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.

  • September 18, 2024

    Breitling Can't Get $1.4M Fee In Jeweler's 'Red Gold' TM Suit

    A Connecticut federal judge has rejected a request for $1.48 million in attorney fees by Swiss watchmaker Breitling SA and its American arm after they beat trademark infringement claims brought by a California jeweler, ruling that the claims may have been unsuccessful but that they were "not frivolous."

  • September 18, 2024

    Another IP Team Joins Barclay Damon From DC Boutique

    Three intellectual property attorneys from the D.C.-based boutique firm Gardella Grace PA have moved their practices to Barclay Damon LLP, making them the second IP group to move to Barclay Damon from a boutique in the last five months, according to a Tuesday announcement.

  • September 17, 2024

    Bible Tabs Maker Says Chinese Co. Sold Amazon Dupes

    The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs."

  • September 17, 2024

    JM Smucker Says Rival Is Spreading Uncrustable Lies

    A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.

  • September 17, 2024

    2nd Circ. Lets American Girl Doll Counterfeit Case Proceed

    The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.

  • September 17, 2024

    Ford Barred From Using InterMotive Mark After $13M Verdict

    A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.

  • September 17, 2024

    Flowers For Miley? Not Without Bruno Mars, Suit Says

    Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.

  • September 17, 2024

    Brooklyn Feds Unveil Whistleblower Nonprosecution Plan

    The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.

  • September 17, 2024

    Tech Co. Takes Shot At Brooklyn Nets Over 'Netaverse' Use

    The Brooklyn Nets have damaged the reputation of hardware and software technology company Phinge Corp. by unlawfully using the phrase "netaverse," which Phinge has been using since 2022, for the team's virtual reality services, according to a new trademark infringement lawsuit lodged in California federal court.

  • September 17, 2024

    GC Base Salaries At Big Companies On The Rise

    General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

  • September 17, 2024

    Google Taps In-House Atty For Head Of General Litigation

    Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school. 

  • September 17, 2024

    Meta Deletes Photo Tagging IP At Fed. Circ.

    The Federal Circuit on Tuesday handed Meta Platforms Inc. a win in an infringement case, upholding the invalidation of a patent-holding company's patent on digitally tagging images and dismissing related patents on appeal after they failed to survive at the Patent Trial and Appeal Board.

  • September 17, 2024

    Addleshaw Goddard Expands IP Team With Five Stobbs Hires

    Addleshaw Goddard LLP has hired a five-lawyer team from an intellectual property boutique led by a veteran IP litigator from the high-profile Colin the Caterpillar case as it strives to grow a market-leading team.

  • September 17, 2024

    Toshiba Sheet-Counting Patent Gets Revoked On Appeal

    Toshiba has lost a patent over a sheet-inspecting machine that can count and reject banknotes, after European officials ruled that it was obvious in light of previous patents.

  • September 17, 2024

    Competitiveness Outranks Climate In New EU Commission

    European Commission President Ursula von der Leyen shifted her focus from climate change to boosting competitiveness as she proposed her team of commissioners for the next five-year mandate Tuesday, handing out key jobs covering everything from competition enforcement to trade policy.

  • September 17, 2024

    Nokia's UPC Clash With Rival Paused Amid German Case

    Nokia cannot press ahead with its bid to revoke an Israeli company's connectivity patent at the Unified Patent Court until its "almost identical" German case concludes, an appeals panel ruled Tuesday.

  • September 17, 2024

    Dutch Bike Maker Proves Rival's 'Fat Bike' Infringes Its Design

    A bicycle company has persuaded a Dutch court to prevent its rival from selling its "fat bikes" in the European Union, proving that the wide-tired mount infringes its design rights over a similar bicycle.

  • September 17, 2024

    EasyGroup Hits Bathroom Retailer For "Easy Bathrooms" TM

    Airline and hotel giant EasyGroup is suing a supplier of bathroom equipment for infringing its trademark by using an "Easy Bathrooms" logo reading, saying the company is unlawfully benefiting from its reputation.

  • September 16, 2024

    Teleflex Gets Another Chance In Catheter Patent Feud

    The Federal Circuit on Monday held that a Minnesota district court was wrong to invalidate claims in seven catheter patents Teleflex LLC asserted against Medtronic Inc. as indefinite, finding the lower court took an overly narrow view of how claims are construed.

Expert Analysis

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Fed. Circ. Patent Ruling Clarifies Section 101 Procedures

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    The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Foreign Threat Actors Pose Novel Risks To US Tech Cos.

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    A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Leveraging Policy Changes To Achieve AI Patent Eligibility

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    With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Tips For Revamping Patent Portfolio Strategy In AI Deal Era

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    Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

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