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Intellectual Property
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April 18, 2024
Fed. Circ. Maintains Newman Can't Invalidate Disability Law
Suspended U.S. Circuit Judge Pauline Newman has still not proven that the Judicial Conduct and Disability Act has no constitutional uses and should therefore be invalidated, the Federal Circuit's judicial council told a D.C. federal judge Thursday.
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April 18, 2024
Ga. Cargo Co. Says Marks Are Generic In $15M IP Dispute
A Georgia-based cargo company urged the Eleventh Circuit on Thursday to reverse a $15 million judgment awarded to a competitor over trademark violations, saying the intellectual property that it's accused of using is generic.
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April 18, 2024
Oakland Airport Name Change Will Create A Mess, SF Says
Oakland, California, wants to change its airport's name to San Francisco Bay Oakland International Airport, but the city of San Francisco said in a California federal lawsuit Thursday that the name would not only befuddle travelers but also unlawfully incorporate San Francisco International Airport's name.
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April 18, 2024
Cybersecurity Startup Loses 2 Patents At PTAB
A small cybersecurity startup litigating in Virginia federal court against larger tech companies has failed to persuade the Patent Trial and Appeal Board not to invalidate the entirety of two patents covering ways of combating "evolving" online threats, among other things.
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April 18, 2024
Sale Offer Should Doom Jetaire IP Suit, Judge Says
A Florida federal magistrate judge has said aviation company AerSale should get a win on arguments that not only did it not infringe a trio of Jetaire patents, but also that the patents are invalid.
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April 18, 2024
Kimmel Atty Defends Airing 'Patently Ridiculous' Santos Clips
A lawyer for Jimmy Kimmel told a Manhattan federal judge Thursday that the fair use doctrine of U.S. copyright law allows the late-night host to air silly videos that he tricked indicted former congressman George Santos into making on the personalized messaging platform Cameo.
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April 18, 2024
Biotech Co. NanoString Lands $393M Bid At Ch. 11 Auction
Scientific instrument maker Bruker Corp. is set to acquire insolvent biotechnology company NanoString for roughly $393 million in cash that would be used to repay creditors under the debtor's recently proposed Chapter 11 plan, a notice filed in Delaware's bankruptcy court shows.
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April 18, 2024
Ex-BigLaw Atty Can't Get Stalking Injunction Against Influencer
A Florida state judge on Wednesday denied a former Greenberg Traurig LLP partner's request for a cyberstalking injunction against a social media influencer, saying the petitioner did not show enough evidence to justify it.
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April 18, 2024
Red Roof Franchise Co. Settles IP Fight With Motel Operator
Red Roof Inn's Ohio-based location franchising company and the Toledo motel operator it accused of still using the hospitality chain's branding almost two years after its franchise agreement was terminated have agreed to settle the intellectual property dispute between them, according to a new joint notice.
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April 18, 2024
Hipgnosis Agrees To $1.4B Takeover By US Rival Concord
Concord Chorus has agreed to buy its British music royalties rival Hipgnosis Songs Fund in an all-cash transaction worth $1.4 billion, as the U.S. company looks to add 1.2 million more songs to its portfolio, the companies said in joint statement Thursday.
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April 17, 2024
Mintz Sues Parking Meter Co. Over $4.3M IP Legal Bill
Mintz Levin Cohn Ferris Glovsky and Popeo PC sued parking meter provider Duncan Parking Technologies Inc. and its parent company, CivicSmart Inc., in Massachusetts federal court Tuesday, accusing its former clients of owing $4.3 million in unpaid legal fees and interest for representing CivicSmart in a since-settled patent litigation.
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April 17, 2024
United Therapeutics Can't Bar Rival Lung Disease Drug
Repeating himself for the second time in the last several weeks, a federal judge in Delaware on Wednesday said he won't stop a biochemical startup from launching a drug that would compete directly with one of United Therapeutics' biggest pharmaceutical products.
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April 17, 2024
Tesla Gets PTAB To Wipe Out Vehicle Charging Patent
Tesla has persuaded the Patent Trial and Appeal Board to invalidate all claims of a Charge Fusion Technologies electrical charging patent, the latest development in a larger legal battle between the parties.
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April 17, 2024
Clarify DMCA Carveout For AI Research, DOJ Says
The U.S. Department of Justice is showing some support for a proposal that could allow researchers looking into biases in artificial intelligence programming to bypass laws that limit access to copyright-protected AI models.
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April 17, 2024
3 Takeaways From Revived Obviousness Case On J&J Patent
A Federal Circuit ruling from earlier this month that told a judge to reconsider upholding a Johnson & Johnson schizophrenia drug patent emphasizes that analyzing whether a patent is invalid as obvious requires focusing on what it actually claims and an inventor's creativity, attorneys said.
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April 17, 2024
3rd Circ. Erases $10M Judgment In Car Charities' TM Dispute
The Third Circuit on Wednesday erased a $10 million judgment awarded to a charity that sells donated cars for children's education, saying a lower court made a series of errors in concluding that unreasonable delays did not bar claims from Texas-based America Can Cars for Kids in a trademark dispute with a similar charity.
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April 17, 2024
2nd Circ. Doubts Adidas Appeal In Thom Browne TM Case
A Second Circuit panel on Wednesday appeared skeptical of Adidas' arguments that a Manhattan district judge gave improper instructions to a jury that shot down its trademark infringement claims against fashion brand Thom Browne, suggesting the lower court had laid out the issues fairly.
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April 17, 2024
Sport Flooring Co. Says Ex-Owner Stole Info To Start Rival Biz
A former part-owner of a company that sells and installs performance flooring for college athletic facilities and health clubs has been sued by the prior company, which has claimed he stole proprietary information to jumpstart his own competing business.
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April 17, 2024
Texas Jury Hits Samsung With $142M Loss In IP Retrial
A Texas federal jury on Wednesday said Samsung owes G+ Communications LLC $142 million for infringing two 5G wireless network patents, a huge win on retrial for G+, which was originally awarded less than half of that.
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April 17, 2024
Alien Influencer, Ex-Partners Walk Away From IP Row
A Colorado federal judge has dismissed a lawsuit brought by a motivational speaker and self-described influencer who claims to have met with extraterrestrial beings known as the "Blue Avians," after the influencer and two former business partners agreed to drop dueling claims over movie projects and business ventures gone awry.
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April 17, 2024
Sirius XM Faces Patent Row Over Vehicle Kit Product
A Texas company that owns a patent on a high-bandwidth content distribution structure has filed a lawsuit in the Lone Star State accusing Sirius XM Holdings Inc. of infringing its intellectual property.
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April 17, 2024
Colo. Judge Slams Attys For Petty 'Squabbles' In Patent Fight
A Colorado federal judge on Wednesday roundly rebuked lawyers fighting over patents for oil and gas equipment for filing "needless" motions that seemed to reflect their "interpersonal squabbles" rather than the interests of their clients, and threatened to sanction the attorneys if they ever drag the court into another petty fight.
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April 17, 2024
Ogletree Expands Into Western NY With Ex-Goldberg Atty
Management-side employment firm Ogletree Deakins is expanding into western New York, announcing Tuesday that it is adding a shareholder in Buffalo from Goldberg Segalla.
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April 17, 2024
IBM Privacy Head Says AI Needs Transparency To Be Trusted
To combat artificial intelligence-generated deepfakes, disinformation and bias requires transparent, open-sourced AI models and swift regulations that protect elections, creators and the public, says IBM's Chief Privacy & Trust Officer Christina Montgomery.
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April 17, 2024
Chinese Vape Maker Accuses UK Co. Of Bumming Designs
A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.
Expert Analysis
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What Brands Need To Know About Consumer Reviews In 2024
Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.
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Opinion
Waiving COVID-19 IP Protections Would Harm US Industry
President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.
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Fed. Circ. Patent Decisions In 2023: An Empirical Review
The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Trouble Indemnity: IP Lawsuits In The Generative AI Boom
Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.
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6 AI Cases And What They Mean For Copyright Law
Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.
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Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb
A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman.
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How AI Is Changing The Game Of Professional Sports
As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.
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Trending At The PTAB: 6 Areas To Watch In 2024
Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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What's In The USPTO Policy Pipeline This Year
Practitioners can expect a number of policy updates and initiatives from the U.S. Patent and Trademark Office this year, including development of AI capabilities, pushback against fraudulent patents and expansion of educational opportunities, say Rosaleen Chou and Lauren Katzenellenbogen at Knobbe Martens.
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AI In IP Law: The Top Guest Articles Of 2023
Keeping up with generative artificial intelligence was the name of the game for intellectual property lawyers in 2023 as the government worked to determine whether AI-generated output is protectable under the law and guest writers assessed the technology's risks and rewards.
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The Most-Read IP Law360 Guest Articles Of 2023
U.S. Patent and Trademark Office incentives and restrictions, Federal Circuit decisions on exact meaning, and lessons from the comedic whodunit “Glass Onion: A Knives Out Mystery” were among popular intellectual property topics guest authors tackled this year.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.