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Intellectual Property
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April 23, 2024
Sanctioned Patent Challenger Fights VLSI Bid To ID Members
Patent Quality Assurance LLC, which successfully challenged a VLSI chip patent but was sanctioned by the patent office, urged a Virginia federal judge Tuesday not to make it identify the people behind the company, saying VLSI wants their names to "seek retribution against them."
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April 23, 2024
Meta Secures Partial Trim Of Video Technology Patent Suit
A federal judge has narrowed a suit accusing Meta Platforms Inc. of infringing patents related to video technology, throwing out one of VideoLabs' patents but letting the patent owner keep moving forward with another.
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April 23, 2024
Forbes Wins Bid To Nix Order In Mexican Distributor Fight
A New York federal judge on Tuesday barred a Mexican distributor of Forbes magazine from trying to enforce an order from a court in Mexico City precluding the publication from terminating their deal while the companies gear up to arbitrate a renewal dispute.
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April 23, 2024
NY Judge Won't Allow Default Judgment On Tekashi 6ix9ine
A New York federal judge said a Miami rapper's motion for default judgment against Tekashi 6ix9ine, aka Daniel Hernandez, in a copyright infringement lawsuit should be denied, saying the rapper hadn't fully complied with the Servicemembers Civil Relief Act to show Hernandez isn't in the military.
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April 23, 2024
Jury Suggests $25M Damages For Co.'s Malicious IP Misuse
A Colorado federal jury has said a display technology company must pay $5.1 million for misusing a business partner's trade secrets during the development of a wireless headset, and recommended the company be punished with another $19.7 million in damages for its malicious conduct.
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April 23, 2024
Medtronic Patent Fight With Axonics Set For September Trial
A California federal judge has lifted a stay in Medtronic's patent infringement suit against Axonics over an electrical stimulation system, while also scheduling a trial for September.
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April 23, 2024
CoStar Rival Is Asking To Free Ride, 9th Circ. Told
CoStar urged the Ninth Circuit not to revive antitrust counterclaims from Commercial Real Estate Exchange Inc., despite backing from the Federal Trade Commission, arguing the rival is trying to use antitrust law to get free access to its platforms.
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April 23, 2024
AI Invention Guidance Adds New Patent Wrinkles, Attys Say
Recent guidance from the U.S. Patent and Trademark Office that inventions developed with assistance from artificial intelligence tools can be patented prompted a sigh of relief among many attorneys, but confronting the nuances will create challenges, experts said Tuesday.
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April 23, 2024
Wash. Urges Federal Court To Set Bad Faith Test For IP Cases
A Washington federal judge should apply a standard analyzing patterns of harassment when determining whether the owner of a data processing network patent acted in bad faith by issuing nearly 2,000 uniform demand letters alleging infringement, the state attorney general's office has argued.
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April 23, 2024
Buchanan Ingersoll Lands Former PTAB Judge In Del.
A former administrative judge at the Patent Trial and Appeal Board is going back to private practice, helping build Buchanan Ingersoll & Rooney PC's Delaware presence of patent professionals.
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April 23, 2024
Embattled Ex-Animal Rescue Executive Hit With TM Suit
Last Chance Ranch, a nonprofit animal shelter and rescue based in Pennsylvania, has sued its former executive director — who was accused of stealing a kangaroo — and a new nonprofit she created, alleging unauthorized use of the shelter's name and trademarks.
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April 22, 2024
Eli Lilly Tells Fed. Circ. $177M Patent Loss Was Rightly Axed
Eli Lilly & Co. has urged the Federal Circuit to uphold a Massachusetts federal judge's decision that wiped out a $176.5 million verdict against it for infringing Teva migraine drug patents, saying the lower court correctly found the patent claims to be invalid.
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April 22, 2024
Jack Daniel's, VIP Hold Firm In Yearslong Dog Toy TM Fight
Jack Daniel's has told an Arizona federal court that VIP Products LLC's contention that its chewy, poop-themed dog toys in the shape of whiskey bottles do not infringe or dilute Jack Daniel's brand is an old argument, borne from a desire to litigate the case "from scratch" after the U.S. Supreme Court rejected its First Amendment defense last year.
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April 22, 2024
$1 Awarded To Software Co. Splunk In Copyright Fight
A California federal jury on Monday awarded software company Splunk a single dollar in damages in a suit accusing rival Cribl of copyright infringement.
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April 22, 2024
Gambling Co., Casinos Battle Over Shuffler Antitrust Claims
Scientific Games successor Light & Wonder has urged an Illinois federal judge not to certify a class of automatic card shuffler buyers, even as the riverboat casinos accusing it of tricking the patent office into shoring up its shuffler monopoly argued that their claims should go to trial.
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April 22, 2024
Fed. Circ. Affirmance Rate In PTAB Cases Hit 83% In 2023
The Federal Circuit affirmed Patent Trial and Appeal Board decisions on every issue 83.3% of the time in 2023, a new high that is notably above the historical average of 74.2%, according to the latest data compiled by Finnegan Henderson Farabow Garrett & Dunner LLP patent attorneys.
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April 22, 2024
ITC Backs Partial Win For Voltage In Shoals Solar Patent Case
The full U.S. International Trade Commission has declined to review an administrative law judge's finding that Shoals Technologies Group did not satisfy the requirement of showing it has a domestic industry for one of the solar technology patents it has accused Voltage LLC of infringing.
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April 22, 2024
Shade Co. Calls $34.6M Patent Verdict 'Grossly Excessive'
Home lighting fixtures company Lutron and rival GeigTech are continuing their legal fight after a New York federal jury found that Lutron owes GeigTech $34.6 million for infringing a patent, with Lutron saying the award was "grossly excessive."
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April 22, 2024
Ex-Gov. Huckabee Says Bloomberg Can't Duck Copyright Suit
Former Arkansas Gov. Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.
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April 22, 2024
Abbott Says Rival Can Make Diabetes Tech Without TM Shape
An Abbott Laboratories unit is defending a 3D trademark it owns over its continuous glucose monitoring devices, arguing that it is the only company offering a device in that distinctive circular shape despite Sinocare Inc. and other rivals' arguments to the contrary.
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April 22, 2024
Foley & Lardner Gains Two Perkins Coie IP Partners
Foley & Lardner LLP has landed two attorneys from Perkins Coie LLP who focus on a range of intellectual property and patent matters and work with clients in the financial technology and software industries, the firm announced Monday.
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April 22, 2024
UAE Considering R&D Tax Break, Seeks Feedback
The United Arab Emirates is seeking public input to help design a possible research and development tax incentive proposal to help drive innovation and growth, its Ministry of Finance said.
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April 22, 2024
Supreme Court Won't Review Vanda's IP Obviousness Appeal
The U.S. Supreme Court on Monday rejected Vanda Pharmaceuticals Inc.'s request for review of how the Federal Circuit is deciding whether patents are invalid as obvious, ending the company's attempt to revive patents covering its sleep disorder drug Hetlioz.
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April 19, 2024
Jane Street Denied TRO In Trade Theft Suit Against Millennium
A New York federal judge on Friday refused Jane Street Group LLC's bid for an emergency order after the trading firm accused rival Millennium Management LLC and two former employees of stealing and misappropriating a confidential trading strategy.
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April 19, 2024
Nestlé Strikes Deal Ending Gray-Market Drinks Trademark Row
Nestlé USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.
Expert Analysis
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UMG-TikTok IP Rift Highlights Effective Rights Control Issues
Despite Universal Music Group's recent withdrawal of TikTok's licensing rights to its music catalog, the platform struggles to control uploads and reproductions of copyrighted material, highlighting the inherent tension between creative freedom and effective rights control in the age of social media, says Simon Goodbody at Bray & Krais.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Fed. Circ. Patent Lesson: No Contradiction, No Indefiniteness
The Federal Circuit’s recent ruling in Maxwell v. Amperex Technology highlights the complexities of construing patent claims when seemingly contradictory limitations are present, and that when a narrowing limitation overrides a broader one, they do not necessarily contradict each other, says Roy Wepner at Kaplan Breyer.
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Data-Driven Insights On Optimizing PTAB Institution Decisions
A look at Patent Trial and Appeal Board institution decisions from the last six years highlights critical information a patent owner should know regarding trends in the board’s decision making when patents come under challenge, and which arguments to raise in preliminary responses, say Jacob Golan and Benjamin Anger at Knobbe Martens.
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Golf Course Copyright Bill Implications Go Beyond The Green
A new federal bill, the BIRDIE Act, introduced in February would extend intellectual property protections to golf course designers but could undercut existing IP case law and raise broader questions about the scope of copyright protection for works that involve living elements or nonhuman authorship, say attorneys at Bradley Arant.
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What's At Play In Rising Lanham Act Cases At The ITC
Amid an uptick in Lanham Act claims involving false advertising related to medical devices at the U.S. International Trade Commission, Brian Busey and Maryrose McLaughlin at MoFo discuss recent ITC complaints from Eli Lilly and R.J. Reynolds, Lanham Act claim limits under the Federal Food, Drug, and Cosmetic Act, and the issues practitioners face in this realm.
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Key Factors In Establishing Compelling Merits At The PTAB
A look at over 450 Patent Trial and Appeal Board decisions between June 2022 and now provides insights into strategies for petitioners and patent owners in establishing compelling merits arguments in post-grant proceedings, say David Holman and Tyler Liu at Sterne Kessler.
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Business Litigators Have A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Takeaways From USPTO's AI-Assisted Invention Guidance
Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.
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The Taylor Swift Effect: Leveraging IP Thresholds In Ads
The Cetaphil #GameTimeGlow commercial, which aired before the Super Bowl, has garnered attention for its indirect use of Taylor Swift-related symbols that were easily spotted by fans — sparking questions about the legality of nodding to the iconic pop star without violating intellectual property rights, say attorneys at Brooks Kushman.
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5 Ways To Hone Deposition Skills And Improve Results
Excerpt from Practical Guidance
Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Can A DAO Be Sued? SDNY Case May Hold The Answer
A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.
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Navigating Trade Secret Litigation In A High-Stakes Landscape
Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.
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Disney Copyright Expiration Spurs Trademark Questions
While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.