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Intellectual Property
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Featured
Spencer Fane Lures In Big-Name 'Misfits' For Patent Group
Spencer Fane LLP has spent the past two years building up what it hopes to be a top-tier intellectual property group, pulling together a "band of misfits" from firms like Fish & Richardson PC and McKool Smith, according to the group's co-leader.
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May 28, 2024
Ex-USPTO Directors Want Vidal To Withdraw Disclaimer Plans
Former U.S. Patent and Trademark Office Directors Andrei Iancu and David Kappos on Tuesday urged current Director Kathi Vidal to "immediately" withdraw proposed rules regarding so-called terminal disclaimers, saying the changes are "contrary to law" and "threaten serious harm to America's innovation economy."
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May 28, 2024
Boeing Jury Urged To Reject Co.'s $200M IP Award Ask
Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.
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May 28, 2024
VLSI Wants Fed. Circ. To Pause Before Pursuing PQA Appeal
VLSI Technology LLC has asked the Federal Circuit to hold off on deciding whether the Patent Trial and Appeal Board improperly invalidated its chip patent in a high-profile dispute until after the court rules on a key prior art issue in unrelated litigation.
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May 28, 2024
Abbott, Dexcom Call For New Glucose Monitor Patent Trial
Just over two months after a jury in Wilmington handed down a mixed verdict in a patent lawsuit over glucose monitors, both sides are now asking the judge to give them another trial.
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May 28, 2024
The NCAA Put Out One Fire, But The House Is Still Ablaze
Despite the enormous size of the settlement of a class action by hundreds of thousands of former college athletes over name, image and likeness compensation denied to them, experts say it only resolves one of the NCAA's many legal crises, while shining a light on the severity of the others.
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May 28, 2024
Singer Tells Justices Jurors Should Hear His 'Rockstar' Song
The frontman of a band called Snowblind is telling the U.S. Supreme Court that at least one appeals court judge seemingly decided for herself that his 2001 demo sounded nothing like the Nickelback hit record "Rockstar," something he thinks a jury should decide instead.
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May 28, 2024
27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law
Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.
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May 28, 2024
Smoke Co. Says Colo. Rival Stepping All Over 'Juicy' TM
The maker of Juicy Jays and Raw rolling papers said a Colorado cannabis company is stepping on its branding, using its well-established product names to sell prerolled joints and marijuana concentrates to deceive consumers, according to a federal lawsuit.
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May 28, 2024
Activision Wins $14M From Call Of Duty Cheat Code Sellers
Activision Publishing scored over $14.4 million in damages and nearly $300,000 in attorney fees against German companies accused of selling cheat codes for Call of Duty games when a California federal judge Tuesday granted its motion for default judgment, finding none of the defendants appeared in the case for a year.
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May 28, 2024
Juul Gets PTAB To Examine Rival's Vape Patents
The Patent Trial and Appeal Board has sided with Juul Labs Inc. in a trio of decisions over electronic vape technology, refusing to review one of its patents while granting the company's challenges to two patents owned by another business.
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May 28, 2024
HIV Drug Buyers Fight Bid To Combine 9th Circ. Appeal Briefs
Drug buyers that allege Gilead Sciences Inc. and Teva Pharmaceuticals delayed generic versions of HIV medications told the Ninth Circuit it would be unfair to grant the companies' call for a single brief addressing the 17 appeals filed after a jury rejected the claims last year.
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May 28, 2024
Fed. Circ. Won't Revive 'Checking Financial History' Patents
The Federal Circuit ruled Tuesday that a judge in Georgia made the right call in deciding that a prolific patent lawyer should have never been issued a handful of patents covering "the idea of checking financial history before completing a transaction."
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May 28, 2024
Catching Up With Delaware's Chancery Court
Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.
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May 28, 2024
Guinness Brewer Beats Appeal In Whiskey Bottle TM Dispute
The Second Circuit on Tuesday upheld a post-trial order requiring a spirits maker to redesign its bottles after a jury found they dilute Guinness beer maker Diageo's trademark rights for its own whiskey brand.
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May 28, 2024
Ga. Dental Imaging Co. Fights To Keep X-Ray IP Suit Alive
A dental technology company accusing a competitor of ripping off a 3D imaging system has urged a Georgia federal judge to keep its claims alive, telling the court its rival's defense amounts to a "whitewash" of the patent infringement allegations.
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May 28, 2024
Pa. Designer Accuses Louis Vuitton Of Copying Styles
A Philadelphia-area fashion designer has accused luxury clothing brand Louis Vuitton and its related corporate entities of allegedly copying her designs for women's apparel and fabrics.
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May 28, 2024
Edwards Urges Full Fed. Circ. To Limit FDA Safe Harbor
Edwards Lifesciences has petitioned the full Federal Circuit to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development, arguing that if Congress wanted the statute to be interpreted broadly, "it would have said exactly that."
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May 28, 2024
Eastman Group Accused Of Owning No Rights In IP Spat
A company selling paint protection film for cars is fighting allegations that one of its managers stole a database belonging to Eastman Group in order to jumpstart the business, arguing the information wasn't confidential.
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May 28, 2024
The Patent Attorney Who Shook Up Professional Poker
Moving from private practice to corporate counsel is a common path for lawyers of all stripes. Considerably less common is the shift from private practitioner to in-house counsel to poker world champion, but that's the exact trick Greg Raymer pulled off 20 years ago this week. Here, Law360 talks to Raymer about his legal career, the big poker win, and what life has been like since.
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May 28, 2024
High Court Won't Hear Case Over Fed. Circ.'s 1-Line Orders
The U.S. Supreme Court on Tuesday shot down a bid for review from a businesswoman behind a small printing company challenging the Federal Circuit's practice of issuing one-sentence Rule 36 orders.
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May 24, 2024
Samsung Beats Patent Suit Due To Misconduct By Ex-Attys
A Texas federal judge has thrown out a patent suit against Samsung seeking more than $300 million, holding that former in-house Samsung patent attorneys stole the company's confidential documents and used them to aid the patent owner, in misconduct he called "repugnant to the rule of law."
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May 24, 2024
Apple Can't Wipe Out 2 Fintiv Mobile Wallet Patents At PTAB
Apple wasn't able to persuade a panel of administrative patent judges to invalidate any language in a pair of patents issued to the founder of a failed cloud-based mobile financial services startup.
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May 24, 2024
Esperion Launches Suits Over Cholesterol Drug Patents
Esperion Therapeutics has sued Dr. Reddy's, Sandoz, Hetero and MSN in New Jersey, alleging that their planned generic versions of cholesterol drugs infringe a variety of patents on its treatments.
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May 24, 2024
Treaty Wants Patents To Cite Ties To 'Traditional Knowledge'
Members of the United Nations announced a treaty Friday that would potentially change mandatory patent disclosure rules in order to require applicants to cite "traditional knowledge" developed by "indigenous peoples," requirements that have drawn concerns from lawyers for the pharmaceutical industry in the U.S. and at least one former federal judge.
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May 24, 2024
Logan Paul's Energy Drink Co. Sues Boxer For Defamation
Prime Hydration, led by YouTube celebrity Logan Paul, has accused boxer Ryan Garcia of defamation in Texas federal court over his ongoing campaign to paint the drink in a negative light, including saying it contains harmful chemicals like cyanide that will "hurt you big time."
Editor's Picks
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Fed. Circ.'s Fight With Newman: A Year In Review
One year has passed since it came to light that the Federal Circuit's judges were investigating whether their colleague, U.S. Circuit Judge Pauline Newman, was mentally competent to remain on the court. In that time, Judge Newman has garnered support from many in the patent community, but has faced a series of setbacks in her legal challenges.
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Why IP Attys Are Watching This $2B Trade Secrets Battle
A case of alleged corporate espionage involving two software companies that resulted in a $2 billion verdict has all the hallmarks of a legal thriller, and attorneys are watching the appeal closely to see how it could impact trade secrets litigation.
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Trials After PTAB Invalidity Rulings Present Tricky Issues
A recent case illustrates that Patent Trial and Appeal Board decisions finding patents invalid do not necessarily preclude a district court from holding an infringement trial on the same patents, though attorneys say such a scenario could raise some challenging issues.
Expert Analysis
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
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.
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How AI Cos. Can Cope With Shifting Copyright Landscape
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.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
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.
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Supply Chain Considerations For Companies Deploying AI
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.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
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.
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Using A Children's Book Approach In Firm Marketing Content
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.
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Patent Lessons From 4 Federal Circuit Reversals In April
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.
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How To Use Exhibits Strategically Throughout Your Case
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.
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Tips For Companies Tapping Into Commercial Cleantech
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.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
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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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Tips For Keeping Trade Secrets In The Vault
Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.
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Reducing Patent Litigation Costs Starts With Early Strategy
With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.