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Intellectual Property
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April 24, 2024
Ex-Yukos Oil Shareholders To Auction Russian Vodka Brands
The Benelux rights to trademarks for 18 Russian vodka brands, including Stolichnaya and Moskovskaya, will go to auction in June in the Netherlands, the former shareholders of Yukos Oil Co. said Wednesday as they sought to enforce arbitral awards now valued at $60 billion.
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April 24, 2024
Colo. Cooler-Maker Says License Didn't Undo Patent Rights
A Colorado company that makes soft-sided coolers has argued a 2023 licensing agreement didn't give away its exclusive rights to some patents as a Canadian rival has claimed, arguing the deal preserved its right to enforce the patents at issue.
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April 24, 2024
Toy Developer, Chinese Co. Settle Robot Source Code Suit
A Pittsburgh-based robot toy designer has settled and dismissed its dispute with a Chinese competitor over the alleged copying of the source code for a toy design acquired from a predecessor, according to federal court filings Tuesday.
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April 23, 2024
10th Circ. Orders Redo Of $96M Award After Top Court Ruling
The Tenth Circuit on Tuesday ordered an Oklahoma federal court to recalculate a $96 million trademark infringement award won by a radio control maker against its European former partners after the U.S. Supreme Court ruled last year that the Lanham Act applies only to domestic conduct in commerce.
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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.
Expert Analysis
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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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.