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Intellectual Property
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May 06, 2024
Fed. Circ. Affirms PTAB Invalidation Of Voice Command IP
The Federal Circuit on Monday backed a Patent Trial and Appeal Board decision declaring that Mycroft AI had shown that several claims of a Voice Tech Corp. voice command patent for mobile devices were not valid.
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May 06, 2024
OnePlus, Pantech File Dueling Bids After $10M Patent Verdict
Chinese phone company OnePlus is contesting a Texas federal jury verdict that found it owes $10 million for infringing five Pantech patents, calling the sum a "grossly inflated damages award," while Pantech is asking the court to award it even more money.
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May 06, 2024
Fla. Jury Sides With Polo Star In Fight Over Cloned Horse Deal
A Florida federal jury on Monday handed an Argentine polo star a win on breach of contract and trade secret claims against a competitor over the use of genetic material in cloned foals.
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May 06, 2024
Miles Davis Photog Denied New Trial Over Kat Von D Tattoo
A California federal judge on Friday denied a photographer's new trial motion in a copyright case accusing celebrity tattooist Kat Von D of infringing his portrait of Miles Davis, rejecting his argument that the jury's finding of fair use of the portrait conflicted with the evidence at trial.
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May 06, 2024
DC Circ. Dubious Of DMCA Speech-Rights Fight
Opponents of the Digital Millennium Copyright Act's anti-circumvention provision met a skeptical D.C. Circuit panel on Monday as judges grappled with whether the provision hinders First Amendment activity.
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May 06, 2024
Judge Turns Down Realtek's Patent 'Conspiracy' Case
A California federal judge has found that Taiwanese chipmaker Realtek can't use the federal courts to sue one of its major rivals for allegedly using a "bounty" to fund "patent troll" litigation against it because that doesn't break any federal antitrust laws.
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May 06, 2024
Amazon Loses Bid To Ship Patent Case From EDTX To Wash.
An Eastern District of Texas judge has denied Amazon's motion to transfer a two-factor authentication patent suit against it to the Western District of Washington, ruling that the e-commerce giant didn't show that its home base was clearly a more convenient location.
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May 06, 2024
Fed. Circ. Urged Not To Limit Use Of Patents Apps At PTAB
The U.S. Patent and Trademark Office, Samsung, and tech industry groups have urged the Federal Circuit to reject an argument that patent applications can only be used to invalidate patents in inter partes reviews based on their publication date, saying the filing date is what counts.
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May 06, 2024
Home Builder Beats NC Trade Secrets Suit
The North Carolina's business court scrapped an interior designer's claims that a competitor stole cabinetry designs and customer information when it hired a former employee, sparing only an accusation that the ex-worker embezzled money.
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May 06, 2024
Activision Blizzard Owes $23.4M In Patent Row, Jury Finds
Video game developer Activision Blizzard owes Acceleration Bay $18 million for infringing a patent with its "World of Warcraft" game and an additional $5.4 million for infringing another patent in "Call of Duty," a Delaware federal jury found Friday.
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May 06, 2024
Experienced Trade Disputes Atty Joins Baker McKenzie In DC
Baker McKenzie announced Monday that it has hired an experienced attorney with more than a decade spent working on international trade matters as a partner in its Washington, D.C., office.
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May 06, 2024
Mintz Adds Proskauer Life Sciences IP Litigation Team
Mintz Levin Cohn Ferris Glovsky and Popeo PC has brought on a life sciences patent litigation team of roughly a dozen attorneys from Proskauer Rose LLP in Los Angeles, Boston and New York led by the former chair of Proskauer's life sciences patent practice, the firm announced Monday.
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May 03, 2024
10th Circ. Blasted For Warhol Reading In 'Tiger King' IP Suit
Filmmakers, authors and law professors have urged the Tenth Circuit to revisit its decision to revive part of a copyright complaint against Netflix for its popular "Tiger King" docuseries, arguing that an appeals panel misapplied the U.S. Supreme Court's landmark Warhol decision when it ruled against the streaming service.
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May 03, 2024
Samsung Seeks $6.7M In Fees After Beating $4B Patent Case
Samsung asked U.S. District Judge Alan Albright to award it $6.7 million in attorneys' fees after beating a $4 billion infringement suit over two semiconductor patents, saying the patent holder's "exceptional misconduct" during the litigation warrants the requested award, according to a motion unsealed on Friday.
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May 03, 2024
Gilstrap Scraps $6.6M Tire Pressure IP Verdict Against Autel
A federal judge in Texas has granted Autel's post-trial motion for judgment as a matter of law that it does not infringe an Orange Electronic Co. Ltd. tire pressure monitoring patent, wiping out a $6.6 million jury verdict from June.
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May 03, 2024
New AI Copyright Class Actions Target Nvidia, Databricks
Artificial intelligence developers Nvidia and Databricks are facing a new round of class action litigation in California federal court, this time from authors like longtime New Yorker writer Susan Orlean and YA scribe Jason Reynolds.
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May 03, 2024
Eolas Is Latest Patent Owner To Take Alice Loss To High Court
A patent licensing outfit run by a onetime computer lab director at the University of California, San Francisco, is the latest to go to the U.S. Supreme Court to complain about patent eligibility.
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May 03, 2024
USPTO Wins Remand To Polish Up TTAB Holding
The Federal Circuit agreed Friday to let the U.S. Patent and Trademark Office rework a trademark board ruling to align it with more recent precedent, a move that lawyers for the maker of the NordicTrack treadmill brand have blasted procedurally as a "rudderless remand."
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May 03, 2024
Fed. Circ. Says PTAB Rightly Axed Some Ioengine IP Claims
The Federal Circuit has backed the Patent Trial and Appeal Board's finding that invalidated numerous Ioengine LLC patent claims on card reader technology challenged by Ingenico Inc.
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May 03, 2024
Nikola Ends Board Takeover Suit As Ex-CEO's Noms Withdraw
An Arizona federal judge on Thursday agreed to toss Nikola Corp.'s complaint against its former CEO and convicted felon Trevor Milton and several others accusing them of an illegal board takeover by pushing unqualified candidates, after the defendants withdrew their board nominees and the parties amicably resolved the dispute.
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May 03, 2024
Grubhub Urges Justices Not To Review Kroger TM Dispute
Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.
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May 03, 2024
GoPro Gets ITC To Probe Patent Case Over Camera Imports
The U.S. International Trade Commission said it is going to look into allegations that certain imports of cameras have violated federal law by infringing a variety of patents owned by GoPro.
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May 03, 2024
Fintech Co. Says PNC Acknowledged Use Of Logo For Years
Fintech company Plaid Inc. tried to fend off PNC Bank's allegations it tricked customers into handing over confidential account information, telling a Pennsylvania federal judge on Friday that the bank knew its trademarks were being used on Plaid's system.
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May 03, 2024
How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'
Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal.
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May 03, 2024
Craft Brewer Says Tequila Co. Can't Void Its 'Dragon's Milk' TM
A Michigan craft brewer filed a trademark action against a Mexican tequila company Thursday for trying to invalidate the brewer's "Dragon's Milk" name for being similar to the defendant's "Casa Dragones" mark, arguing the tequila maker's brand isn't a household name or famous, as defined by the federal Lanham Act.
Expert Analysis
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Film Plagiarism Claims May Foreshadow AI Copyright Issues
The contentious plagiarism dispute over the Oscar-nominated screenplay for "The Holdovers" may portend the challenges screenwriters will face when attempting to prove copyright infringement against scripts generated by artificial intelligence technology, says Craig Smith at Lando & Anastasi.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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The Tricky Implications Of New Calif. Noncompete Laws
Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.
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Patent Ownership Issues In Light Of USPTO AI Guidance
Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.
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Opinion
Why USPTO Should Issue Inherency Guidance Memo
The U.S. Patent and Trademark Office should issue a new guidance memo in regard to the standard for inherency during the examination process, as the standard is frequently misapplied during prosecution, and consistency of the standard in the USPTO should match that in the federal courts, says Irving Feit at Lucas & Mercanti.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Trending At The PTAB: How Q1 Policymaking Affects Practice
Attorneys at Finnegan consider the first quarter's U.S. Patent and Trademark Office policymaking initiatives and how they may affect practice before the PTAB, including a rule that would codify the current pilot program that allows patent owners two opportunities to amend the challenged claims.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Direct Claims Ruling May Alter Gov't Ties To Software Firms
A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.