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Intellectual Property
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April 02, 2024
Lupin Scores Win In Rosacea Patent Fight With Galderma
A judge has found that Galderma failed on its allegations that Lupin infringed a pair of its patents that cover a rosacea drug, saying "Galderma has a theory but no proof."
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April 02, 2024
Frat That Allows Women Barred From Using 'Sigma Phi' Name
A federal judge in Detroit says that a University of Michigan fraternity is breaking the law by continuing to use the Sigma Phi name after the national fraternity excommunicated the group for accepting women.
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April 02, 2024
Calif. IP Owners Can't Intervene In NY Case, Judge Says
A New York federal judge has refused to let copyright holders who have sued in California into litigation in the Empire State accusing OpenAI and Microsoft of copyright infringement.
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April 02, 2024
Fed. Circ. Seems Ready To Revive Amarin's Skinny Label Suit
A Federal Circuit panel seemed wary Tuesday of a Delaware federal judge's decision to throw out Amarin Pharma Inc.'s infringement suit over Hikma Pharmaceuticals USA Inc.'s limited-use version of the blockbuster cardiovascular drug Vascepa, suggesting the district court may have been too hasty.
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April 02, 2024
Fed. Circ. Questions Attorney's Fee Award In Dish Patent Case
A Federal Circuit judge questioned a district court decision to award $3.9 million in attorney fees to Dish Network in its successful patent suit defense against Realtime Adaptive Streaming, picking apart a series of "red flags" that U.S. District Judge R. Brooke Jackson said should have prompted Realtime to drop its case well before summary judgment.
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April 02, 2024
USPTO Targeted In Brothers' Patent Litigation Campaign
Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.
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April 02, 2024
Samsung, Micron Notch PTAB Wins On Netlist Patents
The Patent Trial and Appeal Board decided Monday that two Netlist computer memory patents are invalid, in a win for Samsung, which was previously found to infringe the patents in a $303 million Texas verdict, and Micron, whose infringement trial was postponed to await the rulings.
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April 02, 2024
BigLaw Recruiter's Bid To Ditch $6M Ruling Fails At 5th Circ.
A BigLaw recruiter is on the hook for more than $6 million for stealing trade secrets and breaking a noncompete agreement with his former employer after the Fifth Circuit ruled client details taken by the recruiter were confidential information.
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April 02, 2024
Daiichi Gets Award Nixing Seagen Cancer Drug Claims OK'd
A Washington federal judge has refused to revive U.S. biotech company Seagen Inc.'s claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, ruling that an arbitrator who tossed the claims did not disregard the law.
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April 02, 2024
Fanatics Exec To Take Stand In DraftKings Noncompete Suit
A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.
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April 02, 2024
Qualcomm Says 9th Circ. Panel Already Heard Chip Claims
Qualcomm is urging the Ninth Circuit to assign an appeal from phone and tablet buyers looking to revive allegations that the chipmaker uses anti-competitive licensing practices to the same panel that nixed a class certification ruling in the long-running case.
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April 02, 2024
BCLP Joins Forces With Trial Lawyer Boutique In Seattle
Bryan Cave Leighton Paisner LLP announced Tuesday it has combined with a litigation group of 12 lawyers who formerly practiced together as Harrigan Leyh Farmer & Thomsen LLP in Seattle.
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April 01, 2024
Pharrell's Neptunes Partner Says Hitmaker Committed Fraud
Pharrell Williams has claimed sole ownership of the name the Neptunes, a move that lawyers for the pop sensation's producing partner said was fraud and led them to file a legal action at the Trademark Trial and Appeal Board.
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April 01, 2024
L'Oreal Wins Toss Of Trade Secret Suit Over Misconduct
A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt on the veracity and integrity of all evidence" and that axing the suit altogether is the "only appropriate sanction."
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April 01, 2024
Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications
A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.
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April 01, 2024
Alien IP Suit Against New Age Video Co. Gaia Falls To Earth
A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.
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April 01, 2024
Apple, Intel Again Lose Fintiv APA Challenge In Calif. Court
A California federal judge on Sunday ended Big Tech's coordinated challenge to Patent Trial and Appeal Board precedent that allows its judges to discretionarily deny patent reviews based on how proposed reviews overlap with related litigation in other forums.
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April 01, 2024
Fed. Circ. Revives Challenges To J&J Schizophrenia Drug
A Federal Circuit panel on Monday gave generics-makers Teva Pharmaceuticals USA Inc. and Viatris Inc. a new chance to prove that a patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid, saying a lower court used an "erroneously rigid" analysis when rejecting their challenge.
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April 01, 2024
Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict
Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.
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April 01, 2024
Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit
The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.
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April 01, 2024
Gwyneth Paltrow's Goop Faces TM Suit Over Health Products
Oregon-based Good Clean Love Inc. sued Gwyneth Paltrow's Goop Inc. for trademark infringement over its good.clean.goop women's health products, alleging that the rival's branding is threatening Good Clean Love's reputation and goodwill by sowing customer confusion.
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April 01, 2024
High Court Refuses To Revisit Alice Ruling In Steel Beam Case
The U.S. Supreme Court declined Monday to revisit its landmark ruling on how courts should determine patent eligibility, this time rejecting a plea coming from a company whose claim to have invented an important new method for automating the manufacture of steel beams failed to hold up in court.
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April 01, 2024
Ex-Pharma Co. Exec Denies Signing Noncompete Deal
The former director of government sales for a pharmaceutical company asked the North Carolina Business Court on Friday to knock out a breach of contract claim in a lawsuit that alleges he took trade secrets to a competitor, arguing the company has no valid noncompete agreement to back it up.
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April 01, 2024
In East Texas, Korean Biz Bags $10M Verdict Over 5G Patents
Jurors in Texas federal court ordered a Chinese phone manufacturer on Monday to pay more than $10 million to Korean entity Pantech in a patent dispute over technology used to comply with 5G wireless standards.
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April 01, 2024
Duracell Gets Vape Co.'s 'Optimum' TM Suit Tossed For Good
A New Jersey federal judge has thrown out a vape company's trademark suit alleging Duracell U.S. Operations Inc. infringed on its trademark for the "Optimum" brand name, saying there's no evidence showing any actual or potential confusion between the companies' products.
Expert Analysis
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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.
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6 Focus Areas For Companies Managing The Risks Of AI Use
To harness the significant and potentially transformative benefits that generative artificial intelligence can confer, companies must establish appropriate oversight and governance, ensure appropriate disclosures, and resolve other regulatory and legal challenges arising from deployment, say attorneys at Shearman.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.