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Intellectual Property
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September 11, 2024
Reality Star Says Cosmetic Co. Can't 'Give Them Lala'
Lala Kent, one of the stars of Bravo's "Vanderpump Rules," has hit a cosmetic company with a suit alleging it violated her intellectual property rights by selling an unauthorized lip product under her "Give Them Lala" brand.
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September 11, 2024
Kirkland Can't Shake Former Associate's Bias Suit
A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.
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September 11, 2024
Full Fed. Circ. Snubs Google's Fight Over ITC's Powers
The full Federal Circuit has shot down Google LLC's bid for review of a ruling that it infringed Sonos audio patents in light of a U.S. Supreme Court case that abolished deference to government agencies.
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September 11, 2024
Phelps Dunbar Recruits 6 Litigators In Raleigh
Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.
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September 11, 2024
EasyGroup Loses TMs After Suing For Infringement
A London judge rejected a claim on Wednesday by easyGroup that EasyFundraising Ltd. was infringing its trademarks, as it concluded that the low-cost giant's brands covered different services.
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September 11, 2024
Trademarks Surge As UKIPO Transforms Digital Platform
The U.K. Intellectual Property Office said Wednesday it has shown "continued high performance" amid accelerating demand over the past year as its digital transformation marches on.
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September 11, 2024
Lenovo Pushes For Its Own SEP Ban In Global Ericsson Fight
Lawyers for Lenovo urged a London appeals court on Wednesday to prevent Ericsson from infringing one of its wireless patents while their dispute rumbles on, as the electronics giants wage a global battle over a cross-licensing deal for intellectual property deemed essential to 5G technology.
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September 11, 2024
IP Boutique Hires Murgitroyd Pro For Life Sciences Team
Haseltine Lake Kempner LLP has hired a new partner from rival Murgitroyd & Co. for its chemistry and life sciences team as the firm looks to expand its patent capabilities in the northern English city of Leeds.
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September 11, 2024
Agricultural Co. Can't Nix Rival's IP Rights Over Mandarins
A European Union court said Wednesday that a French company can keep its plant breeding rights over Nadorcott mandarins, chucking its rival's claim that the variety is not novel.
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September 11, 2024
Sandoz Can't Patent Generic Hypertension Drug
Pharmaceuticals maker Sandoz has lost a patent for the formulation of a generic drug used to treat high blood pressure in the lungs, as a European appellate panel ruled that the ingredient that makes it more stable was obvious.
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September 10, 2024
Verizon, Ericsson Slam 'Outlandish' $847M Patent Verdict
Verizon and Ericsson have urged a Texas federal judge to erase an $847 million jury verdict in General Access Solutions' wireless network patent suit, arguing that the court hobbled their defense by improperly excluding evidence and allowing General Access to rely on misleading and sometimes false testimony.
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September 10, 2024
Distillery Tries To Lasso Booze Trademark, Suit Says
Dynasty Spirits told a Colorado federal court Monday that Lasso Whiskey is infringing on its Lasso Motel trademark.
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September 10, 2024
British Artists Call For IP Overhaul Amid AI Concerns
More than 4,000 arts professionals have signed a joint letter urging the government to ensure that artists have control over whether copyrighted works are used for training artificial intelligence, highlighting the "significant challenges" faced by creatives in Britain.
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September 10, 2024
Ugg Maker Ends IP Boot Suit Against Costco
Deckers Outdoor Corp. has dropped its suit in California federal court accusing Costco Wholesale Corp. of infringing a design patent and trade dress for Ugg "Classic Ultra Mini" boots with the retailer's Kirkland-branded footwear.
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September 10, 2024
Photographer Aims To Squash Pest Control Co. Use Of Ant Pic
A biologist and photographer sued a Houston-area pest control company in Texas federal court for copyright infringement alleging the company stole his ant picture to promote their services online.
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September 10, 2024
Amazon Must Trim 'Halo' TM For EU Market
Amazon Technologies could not convince the EU's intellectual property office to let it register trademarks for "halo" unscathed, with the office backing a Californian health technology company's bid to trim key protections for medical monitoring devices and health assessment services.
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September 10, 2024
T-Mobile Can't Change 4th Circ. Loss In 'Simply Prepaid' Fight
T-Mobile failed Tuesday to undercut a Fourth Circuit decision that revived a Virginia-based cellphone company's infringement claims over the phrase "Simply Prepaid," with a panel of judges declining to grant the telecommunications giant's request for a second look.
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September 10, 2024
House Reps. Float Bill To Limit Patent Invalidations
A bipartisan bill that would reset patent eligibility standards has been introduced in the U.S. House of Representatives, over a year after a similar Senate bill was put forward that drew opposition from much of the tech and retail industry.
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September 10, 2024
Cult Gaia Importer Beats Champagne Bid To Bar Dress Sales
A Dutch importer of Cult Gaia dresses has seen off a bid from a body representing the Champagne region's interests to bar it from selling "champagne" colored dresses after a court ruled it was clear it had no connection to the sparkling wine.
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September 10, 2024
Philips Balks At Dentons' Request To Exit IP Case
Dutch health technology conglomerate Philips Medical Systems Nederland BV is balking at Dentons US LLP's request to withdraw as counsel for Transtate Equipment Co. Inc. in a wide-ranging copyright and unfair competition case, insinuating that the move is a stalling tactic to avoid a final judgment.
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September 10, 2024
Phone Maker Vivo Joins Via LA's Audio Patent Licensing Pool
Via Licensing Alliance said Tuesday it has inked a deal with Chinese smartphone maker Vivo to join its patent pool for standardized audio coding technology.
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September 10, 2024
Ex-Michigan Football Stars Hit NCAA With $50M NIL Suit
A group of former University of Michigan football players are seeking more than $50 million in damages through a proposed class action filed Tuesday that alleges a decades-long scheme by the NCAA and Big Ten Network to unlawfully exploit athlete names, images and likenesses for commercial gain.
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September 10, 2024
Cypriot Cheesemakers Lose Challenge To 'Grilloumi' TM
A group of Cypriot halloumi producers has lost its attempt to overturn a decision that allowed a Swedish cheesemaker to register its "Grilloumi" and "Grilloumaki" trademarks in the U.K., as a London court ruled the marks are sufficiently different.
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September 10, 2024
Car Parts Maker Defends Heat-Resistant Steel Patent At EPO
A Chinese car parts manufacturer can keep its European patent for a heat-resistant steel alloy because its combination of elements is sufficiently inventive over previous formulae, an appeals panel has ruled.
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September 10, 2024
Apple Illegally Obtained €13B In State Aid, Top EU Court Rules
The European Union's highest court ruled on Tuesday that Ireland illegally granted Apple state aid in past tax rulings, requiring the U.S. technology giant to repay €13 billion ($14.3 billion) in back taxes as well as interest.
Expert Analysis
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Calif. Out-Of-State Noncompete Ban Faces Several Hurdles
California's attempt to bolster its noncompete law has encountered significant procedural and constitutional challenges, and litigating parties must carefully analyze not only the restrictive covenants contained in their agreements, but also the forum-selection and choice-of-law provisions, say Jennifer Redmond and Gal Gressel at Sheppard Mullin.
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Defamation Suit Tests Lanham Act's Reach With Influencers
Recently filed in the Northern District of Texas, Prime Hydration v. Garcia, alleging defamation and Lanham Act violations based on the defendant's social media statements about the beverage brand, allows Texas courts and the Fifth Circuit to take the lead in interpreting the act as it applies to influencers, says attorney Susan Jorgensen.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.
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Opinion
Unclear Intellectual Property Laws Are Stifling US Innovation
U.S. intellectual property law’s lack of predictability means far less job-creating investments for companies that need patent protection to compete, and Congress must step in with legislation like the Patent Eligibility Restoration Act to help address the problem, says Michael Gulliford at Soryn IP Capital Management.
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The Fed. Circ. In June: More Liability For Generic-Drug Makers
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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USPTO Must Anticipate 'Black-Box Problem' For AI Inventions
The U.S. Patent and Trademark Office's recent guidance allows patents for inventions created with artificial intelligence, but inventors need to address the so-called black-box problem to ensure others can recreate the invention, thus meeting the enablement requirement, say Mark Basanta and Georg Reitboeck at Haug Partners.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.