Intellectual Property

  • May 30, 2024

    Albright Urged To Up Flypsi's $12M Trial Win Against Google

     A Texas jury verdict requiring Google to pay $12 million in damages to software developer Flypsi Inc. for patent infringement is insufficient, Flypsi has told U.S. District Judge Alan Albright, asking the court to order a damages retrial or award it ongoing royalties and require Google to pay attorney fees.

  • May 30, 2024

    Netflix Fails To Show Inventor, Funder Violated Injunction

    A California federal judge has said Netflix couldn't prove a Finnish inventor violated an injunction tied to his concealment of certain legal funds, or that a litigation fund manager the inventor worked with needs to face claims tied to that concealment.

  • May 30, 2024

    BREAKING: Jury Awards Electric Jet Startup $72M In Boeing IP Case

    A Washington federal jury said Thursday that The Boeing Co. should pay Zunum Aero Inc. $72 million for misappropriating the electric jet startup's trade secrets and souring a deal with a potential investor, in an award partially subject to trebling under state law.

  • May 30, 2024

    Apple Gets PTAB To Ax Patent Claims On Waking Up Phone

    Apple has successfully challenged an inventor's patent covering a way for a mobile phone to show information by a user just looking at it, with the Patent Trial and Appeal Board finding several claims were invalid as obvious.

  • May 30, 2024

    Sorority, Ex-Affiliate End Trademark Suit After Mediation

    A sorority and a former affiliate have agreed to scrap a trademark dispute alleging the affiliate continued to use the sorority's name and symbols after their relationship had been severed.

  • May 30, 2024

    ITC Judge Clears Amazon In Video Tech Co.'s Patent Case

    A U.S. International Trade Commission judge has found that Amazon hasn't broken federal patent trade law by importing streaming products, dealing a setback to video technology company DivX LLC in its infringement case.

  • May 30, 2024

    NCAA Loses Bid To Sink Reggie Bush Defamation Suit

    The NCAA has failed in its bid to get an early toss of the defamation suit filed by 2005 Heisman Trophy winner Reggie Bush, with an Indiana court ruling a dismissal is premature at this point because the former running back has met the pleading standards.

  • May 30, 2024

    DOJ's Kanter Says AI Cos. Could Exploit Creators

    The head of the U.S. Department of Justice Antitrust Division, Jonathan Kanter, said Thursday that a lack of competition between artificial intelligence companies could allow them to exploit writers, artists and other content creators.

  • May 30, 2024

    Cher Gets Key Win In Royalty Fight With Sonny Bono's Widow

    The Emmy, Grammy, Oscar and Tony-winning star Cher has now won a key victory in California federal court in a dispute over song royalties with the widow of ex-husband Sonny Bono, with a judge concluding that Mary Bono must continue to pay the female half of Sonny & Cher composition royalties under a 1978 marriage settlement agreement, or MSA, following their 1975 divorce.

  • May 30, 2024

    NCAA V. Athletes Suits Paused As Parties Talk Final Deal

    The consolidated cases in the class action against the NCAA over athletes' name, image and likeness compensation were stayed by a California federal judge Thursday, the next step toward finalizing the multibillion-dollar settlement the two sides reached last week.

  • May 30, 2024

    Apple Tells Fed. Circ. Albright Set Transfer Bar Too High

    Apple has asked the Federal Circuit to overrule U.S. District Judge Alan Albright in Texas after he refused to transfer patent litigation against it to the Northern District of California, saying the decision flouted Fifth Circuit precedent.

  • May 30, 2024

    Alston & Bird Adds IP Litigator From BakerHostetler In LA

    Alston & Bird LLP is boosting its intellectual property team, bringing in a BakerHostetler IP litigator as a partner in its Los Angeles office.

  • May 30, 2024

    State Farm Says Atari Seeks Windfall With IP Suit Over Ad

    State Farm Mutual Automobile Insurance Co. has urged a Texas federal judge to dismiss a copyright complaint from Atari Interactive Inc., saying the insurer did nothing wrong when it briefly used part of the 1980s arcade game Crystal Castles in a commercial to attract younger customers.

  • May 29, 2024

    2nd. Circ. Casts Off 'Now-Casting' Trademark Claims

    The Second Circuit has prevented Economic Alchemy LLC from reviving its trademark claims against the Federal Reserve and others over the use of the term "Now-Casting."

  • May 29, 2024

    Verizon Urges Court Not To Postpone VoIP-Pal Patent Trial

    Verizon is fighting a bid by patent litigation company VoIP-Pal.com to get U.S. District Judge Alan Albright to delay sending the Texas federal suit against the telecom giant to a jury, amid a feud over getting a "do-over" on VoIP-Pal's $5 billion damages request.

  • May 29, 2024

    PTAB Invalidates More Of Sisvel Data Patent On Remand

    The Patent Trial and Appeal Board has trimmed more of a Sisvel International SA data transmission patent on remand from the Federal Circuit, but left one of the patent claims in play.

  • May 29, 2024

    NY Attys Back Bid For Justices To Hear Double-Patenting Row

    A petition looking to persuade the U.S. Supreme Court to wade into a double-patenting dispute has received support from a trade group of New York patent lawyers.

  • May 29, 2024

    Fed. Circ. Backs Claim Invalidity In Express Mobile Web Patent

    The Federal Circuit has backed a Patent Trial and Appeal Board decision that a single claim of an Express Mobile website generation patent was invalid as obvious based on earlier inventions.

  • May 29, 2024

    New Colo. Law Targets AI Deepfakes In Political Ads

    Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.

  • May 29, 2024

    Google Rips Sonos Bid To Revive $32M Patent Verdict

    Google is urging the Federal Circuit to reject Sonos' claim that a California federal court endangered thousands of patents when it threw out a jury's $32.5 million infringement verdict in the smart speaker maker's favor, with the tech giant arguing that Sonos is not entitled to patent protection for audio features that the company waited years to disclose.

  • May 29, 2024

    Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict

    A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.

  • May 29, 2024

    4th Circ. Rejects Atty Fee Bid In Fight Over Ted Nugent Photo

    The Fourth Circuit has denied a photographer's application for attorney fees after Bricker Graydon LLP helped him secure a favorable ruling in his legal battle over a news website's allegedly unauthorized use of a Ted Nugent photo he took in an article titled, "15 Signs Your Daddy Was A Conservative."

  • May 29, 2024

    Chicago IP Firm Accused Of Botching Fetal Biotech Patent

    A company that makes technology that can detect fetal asphyxia and distress has alleged in Illinois state court that Chicago law firm Fitch Even Tabin & Flannery LLP cost it millions when it registered the company's patents under one of its former employees, who then used its intellectual property to launch a competing company.

  • May 29, 2024

    Wilson Sonsini Adds 2 Attys In Salt Lake City From Kirkland

    Wilson Sonsini Goodrich & Rosati PC has continued to expand its growing, three-year-old Salt Lake City, Utah, office with the recent addition of two experienced litigators who moved their practices from Kirkland & Ellis.

  • May 29, 2024

    Greenberg Traurig Adds IP Atty From Eversheds Sutherland

    Greenberg Traurig LLP has bolstered its California bench of attorneys with an Eversheds Sutherland lawyer who has years of experience advising digital health and medical device companies on intellectual property issues.

Expert Analysis

  • 12 Keys To Successful Post-Trial Juror Interviews

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    Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.

  • Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • The Fed. Circ. In May: The Printed Matter Doctrine's Scope

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    The Federal Circuit’s recent ruling in Ioengine v. Ingenico, which addressed the scope of the printed matter doctrine as applied to transmitted data or program code, restores the doctrine’s status as a relatively narrow part of patent law, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty

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    The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How AI Cos. Can Cope With Shifting Copyright Landscape

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    In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

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