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Intellectual Property
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May 02, 2024
11th Circ. Rules Tribal Co. Is Not Immune In Trade Secrets Suit
The Eleventh Circuit has revived a tribal-owned defense contractor's suit against another tribal-owned competitor and a former employee for allegedly stealing trade secrets, finding the competitor agreed to federal court jurisdiction when it participated in the bidding process for work on a missile detection system.
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May 02, 2024
Gilstrap Ships Altice IP Row To NY After $339M Google Verdict
A Texas federal judge has granted a bid from cable company Altice to transfer a case accusing it of infringing a Touchstream patent on mobile app streaming to New York federal court.
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May 02, 2024
Davis Wright Brings On MoFo Appellate Litigator In San Fran
Davis Wright Tremaine LLP has brought on a former Morrison Foerster LLP partner in San Francisco, strengthening its appellate practice with an experienced appellate litigator who clerked for a U.S. Supreme Court justice, a California Supreme Court justice and other judges, the firm announced Thursday.
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May 02, 2024
Schumer Reups Call For His Judge Shopping Bill
U.S. Senate Majority Leader Chuck Schumer, D-N.Y., said Thursday that a suit filed in a controversial Texas court challenging a new firearms policy from the Biden administration underscores the need for his bill to restrict so-called "judge shopping."
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May 02, 2024
Universal Music Allows Artists Back On TikTok After Deal
Universal Music Group has reached a deal with TikTok that will allow its affiliated artists and music to return to the social media platform months after the companies fell out over issues of artist compensation and artificial intelligence-generated content.
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May 01, 2024
Trader Joe's Must Pay Fees To Union After 'Meritless' TM Suit
A California federal judge ordered Trader Joe's to pay $112,622 in attorney fees to a union of its employees in a suit alleging the union's logo infringes the grocer's name and trademarks, saying Trader Joe's claim that the suit is unrelated to a labor dispute "cannot be taken seriously."
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May 01, 2024
'Irked' Albright Refuses To Send IP Suit Against Apple To Calif.
U.S. District Judge Alan Albright of the Western District of Texas has refused to send a suit accusing Apple Inc. of infringing patents on vibration technology to California, with the judge saying that some of the tech giant's arguments were "irksome."
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May 01, 2024
USPTO Outlines Plan To Boost Diversity In Innovation
The U.S. Patent and Trademark Office on Wednesday unveiled a plan aimed at increasing innovation among young people and those from underrepresented backgrounds, calling on companies, governments and schools to make efforts to diversify and broaden their ranks.
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May 01, 2024
Median Patent Damages Awards Are Shrinking
A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.
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May 01, 2024
Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss
A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.
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May 01, 2024
Fed. Circ. Revives WDTX Patent Suit Tossed Over Standing
The Federal Circuit on Wednesday reversed a decision by Western District of Texas Judge Alan Albright that a company suing Zebra Technologies Corp. for patent infringement lacked constitutional standing, holding instead that the plaintiff retained patent rights under a loan agreement.
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May 01, 2024
Fla., NY, DC Join Suit Demanding Halt To NCAA's NIL Policies
Florida, New York and the District of Columbia on Wednesday joined Tennessee and Virginia in their antitrust lawsuit challenging the NCAA's policies on name, image and likeness rights, asking that the preliminary injunction barring enforcement of its NIL rules be made permanent.
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May 01, 2024
Judge Enjoins Baseball Bat Cos. In Fla. Trademark Fight
A pair of companies owned by ex-MLB player Yoenis Céspedes have won a preliminary injunction against several businesses in an intellectual property dispute in Florida federal court over baseball bats, saying the former New York Mets outfielder's companies are likely to succeed on a trademark claim.
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May 01, 2024
J&J Unit Cuts Deal To End Cancer Drug Trade Secret Fight
A New Jersey federal judge has signed off on a consent judgment that permanently bars Chinese drugmaker Jiangsu Hengrui Pharmaceuticals Co. from misappropriating Johnson and Johnson's pharmaceutical subsidiary Janssen's trade secrets for its popular chemotherapy drug Yondelis.
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May 01, 2024
'Shark Tank'-Backed Card Maker Greets Rival With IP Suit
A greeting card company that was backed by an investor on the TV show "Shark Tank" hit a competitor with a federal suit alleging it copied card designs and violated several patents.
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May 01, 2024
Metal Biz Owner Cops To Tax Fraud On $2.8M Income
The owner of a metal fabrication company admitted to neglecting to report nearly $3 million in business income to the IRS, Connecticut federal prosecutors announced.
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May 01, 2024
Game Developer Denies Copying Rival's 'Generic' Racing App
A British game developer has hit back at its French rival in a copyright feud over the pair's mobile games, telling a London court that any similarities between the apps are nondistinctive features that don't merit protection.
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May 01, 2024
Crowell & Moring Adds 2 More Neal Gerber Attys In Chicago
Crowell & Moring LLP announced Wednesday that it has hired two more attorneys from Chicago-based Neal Gerber & Eisenberg LLP to bolster its corporate services.
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April 30, 2024
Tech. Orgs Deny Being 'Apple's Puppets' In Watch Ban Fight
A group of technology industry groups claimed they are "not Apple's puppets" as they seek to back the company in its Federal Circuit appeal of the U.S. International Trade Commission's ban on imports of Apple Watch models capable of monitoring blood oxygen levels.
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April 30, 2024
'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules
Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.
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April 30, 2024
Pharmacyclics Can't Score Fees After Imbruvica Patent Win
Delaware's top federal judge on Tuesday told AbbVie's Pharmacyclics LLC unit that it was "also guilty of vexatious conduct" and had no standing to seek legal fees after it won a patent infringement suit against generic-drug rivals over its branded blockbuster cancer drug Imbruvica.
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April 30, 2024
Amgen Cuts Deal To End Bone Drug IP Suit Against Sandoz
A New Jersey federal judge has signed off on a deal that would end a suit where Amgen accused Sandoz of infringing patents on treatments for bone cancer and bone problems.
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April 30, 2024
OpenAI Tries To Throw Out Another Copyright Case
OpenAI is seeking to dismiss a suit in New York federal court from two alternative news websites asserting copyright infringement allegations against the Microsoft Corp.-backed artificial intelligence developer, saying they haven't shown they've been harmed.
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April 30, 2024
Where VLSI-Intel's High-Stakes Patent Battle Stands Now
Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.
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April 30, 2024
Microsoft Says Ex-Worker Made 'Trojan Horse' Patent Claims
Microsoft accused an ex-employee of staging a "Trojan horse" in a breach of contract case to get patent damages otherwise not allowed in state court, urging a Washington federal judge to keep control of the case over Xbox console patents.
Expert Analysis
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Parsing The USPTO's Guidelines For Assessing Enablement
Ryan Hagglund at Loeb & Loeb details the U.S. Patent and Trademark Office's recent guidelines for assessing enablement principles set forth in the U.S. Supreme Court's 2023 Amgen v. Sanofi decision, including how the guidelines can apply to all fields of technology.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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9 Contractual Issues Tech Startups Should Be Wary Of
Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.
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5 AI Risks For Corporate Boards To Examine
Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.
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What To Keep Tabs On In The NIL Arena This Year
The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.
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Patent Prosecution Carries Consequences For Later Litigation
The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.
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10 Global Antitrust Trends To Anticipate In 2024
Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.
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5 Trade Secret Developments To Follow In 2024
Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Supreme Court Amgen Ruling's Major Effect On Enablement
The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Fed. Circ. Cellect Ruling Triggers Significant Patent Risk
A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.