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Intellectual Property
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August 27, 2024
'ER' Creator's Widow Says Warner Bros. Ripped Off Show
The widow of late "ER" creator Michael Crichton on Tuesday accused Warner Bros. Television of abandoning talks to reboot the popular hospital television series, only to turn around and launch a ripped-off version called "The Pitt," a move she called a "brazen disregard" of Crichton's estate's rights.
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August 27, 2024
USPTO Sued For Rejecting Blood Pressure Drug Patent
A small drug developer has hit the U.S. Patent and Trademark Office with a second lawsuit in Virginia federal court over the agency's latest rejection of the company's efforts to patent a different dosage of a drug the company markets to treat low blood pressure.
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August 27, 2024
Take Another Look At Video Game Patent, Vidal Tells PTAB
The director of the U.S. Patent and Trademark Office says a split administrative patent board got a phrase wrong when it ruled in April not to institute a review of a video game patent, ordering it to rethink its decision.
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August 27, 2024
Philip Morris' Vape Brand Loses ITC Decision In Juul Fight
The operator of the Philip Morris brand said Tuesday that it disagrees with a ruling from a U.S. International Trade Commission judge who found that the company's vape brand infringes patents owned by rival Juul.
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August 27, 2024
Revlon Says Ex-Workers Stole Britney Spears Fragrance Deal
Global beauty and cosmetics brand Revlon sued several former fragrance marketing executives and upstart competitor Give Back Beauty in New York federal court, alleging they stole trade secrets and breached contracts when luring Britney Spears' perfume line away from Revlon.
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August 27, 2024
Clark Hill Adds Atty In NYC From Schoeman Updike
Clark Hill PLC said Tuesday that it is bringing a litigator to its New York City office as a member, one with a focus on financial services and business disputes as well as experience ranging from intellectual property to real estate issues.
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August 27, 2024
ITC To Look Into Infineon's Patent Claims Against Innoscience
The U.S. International Trade Commission launched an investigation Tuesday into certain semiconductor devices and products that use gallium nitride technology after semiconductor manufacturer Infineon Technologies accused China-based chipmaker Innoscience of infringing several patents.
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August 27, 2024
NFL Union Sues DraftKings Over Broken NFT Licensing Deal
The NFL Players Association has accused DraftKings Inc. of failing to make good on a licensing agreement when the online sportsbook decided to cease payments after shuttering its nonfungible token marketplace in the wake of a civil suit that argued DraftKings' NFTs offended securities laws.
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August 27, 2024
NC State Board Of Education Sued Over NIL Prohibition
A North Carolina mother is challenging the state school board's ban on high school student-athletes using their name, image and likeness for commercial purposes, arguing the state has directed it to regulate, not prohibit, the practice.
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August 27, 2024
Fed. Circ. Won't Speed Up Apple Watch Ban Appeal
The Federal Circuit on Tuesday denied Apple Inc.'s request to expedite oral arguments in its appeal challenging the U.S. International Trade Commission's decision banning the tech giant from selling Apple Watches with a "blood oxygen" feature in the Masimo patent case.
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August 27, 2024
Disney Wipes Out Verdict In Movie Graphics Copyright Suit
Walt Disney Pictures does not have to pay hundreds of thousands of dollars in copyright infringement damages a jury said it owes to a digital-effects company after a California federal judge overturned the verdict and granted the entertainment company a post-trial victory.
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August 27, 2024
Google Wants Out Of IP Suit Over Pirated Books
Google asked a Manhattan federal judge to dismiss allegations that it allowed advertisements to be shown to users from websites that sell pirated textbooks, claiming it has no ability to supervise those sites and isn't profiting from alleged pirating.
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August 27, 2024
NBA Star Can't Sidestep TM Dispute Over Signature Shoe
NBA player LaMelo Ball, his family and Puma North America Inc. must face a trademark infringement suit brought against them over the athlete's signature shoes, a California federal judge has ruled, finding that there are factual disputes to resolve and that California federal court does have jurisdiction.
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August 26, 2024
$4.4M Award Against Cheat Code Site Upheld At 9th Circ.
A website that circulated cheat codes for the video game "Destiny 2" failed to convince the Ninth Circuit on Monday that it got an unfair shake in front of an arbitrator who told the site to pay $4.4 million for breaking copyright and trademark laws.
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August 26, 2024
'Roller Lash' and 'Lash 'N Roll' Mascaras Face Off In TM Trial
Benefit Cosmetics told a San Francisco federal judge at the start of a trademark and trade dress infringement bench trial Monday that rival e.l.f. Cosmetics sought the "holy grail" when it created a "Lash 'N Roll" mascara that ripped off Benefit's $300 million-blockbuster "Roller Lash" product.
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August 26, 2024
Samsung Urges Toss Of Netlist Contract Win Over Juror's Lies
Samsung urged a California federal judge Monday to throw out a jury's verdict that it breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, arguing a new trial is required because one juror failed to disclose crucial information during the jury selection process.
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August 26, 2024
Pool Co. Secures $1.1M In Fees For False Ad Trial Win
A North Carolina federal judge has granted $1.1 million in fees for attorneys from McCarter & English LLP and Womble Bond Dickinson who represented a swimming pool salt system supplier in a trial against a competitor, finding the case qualifies as exceptional since the opposing company acted "unreasonably."
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August 26, 2024
Printing Biz Can't Undo Invalidity Findings Despite Settlement
A California federal judge says that he won't rethink a jury's conclusion earlier this year that claims in two patents covering a way of coating printer paper were invalid, even if the French printing company that owns them decided to settle with an accused infringer after losing at trial.
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August 26, 2024
Motorola Says Hytera Owes $58M For Radio Royalty Contempt
Motorola Solutions told an Illinois federal judge Monday that Chinese rival Hytera Communications owes more than $58 million in royalties for a mobile radio it purportedly redesigned after a jury found it misappropriated trade secrets, asserting the radio's retooled source code is still improperly based on the same protected architecture.
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August 26, 2024
Jury Awards Lashify $31M In Worldbeauty Patent Case
Lashify Inc., a California company that sells do-it-yourself eyelash extension kits, is entitled to more than $30.5 million in damages from a China-based rival that infringed three of its patents, a federal jury in Texas has found, potentially opening the door to more intellectual property litigation in the beauty industry.
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August 26, 2024
Hikma Urges Full Fed. Circ. To End Vascepa Skinny-Label Suit
Hikma Pharmaceuticals has asked the full Federal Circuit to intervene after a panel determined it must face infringement litigation over its generic version of Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa.
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August 26, 2024
Ramones Heir Says Widow Is Infringing Group's TMs
The brother of late punk rocker Joey Ramone took his bandmate Johnny Ramone's widow to New York federal court for allegedly infringing several of the band's trademarks as part of what the suit says is an effort to boost her own celebrity image by "riding on the coattails of the Ramones."
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August 26, 2024
NJ Marine Fuel Co. Sues Rival Formed By Ex-Employees
A New Jersey marine fuel buyer has accused two brothers who worked for the company of misappropriating trade secrets and illegally accessing confidential information when they resigned to form a new venture in the same market, according to a lawsuit filed in New Jersey federal court.
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August 26, 2024
Restaurants Seek Grubhub's Revenue, Staff Info For TM Suit
Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.
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August 26, 2024
Shkreli Must Give Up Copies Of Unique Wu-Tang Clan Album
Martin Shkreli must hand over any copies he made of a one-of-a-kind Wu-Tang Clan album while a challenge from the crypto project that holds the sole physical copy plays out, a New York federal judge ordered Monday.
Expert Analysis
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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Legal Battles Show Brands' Dilemma In Luxury Resale Trend
Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Beware Of Trademark Scammers Leveraging USPTO Data
Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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PTAB Rulings Shed Light On Quantum Computing Patents
Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Fed. Circ. Rulings Crystallize Polymorph Patent 'Obviousness'
A comparison of two recent Federal Circuit obviousness challenge decisions regarding polymorph patents provides helpful insight into the assessment of screening arguments, particularly the issue of reasonable expectation of success, say Michael Green and John Molenda at Steptoe.
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3 Infringement Defenses To Consider 10 Years Post-Nautilus
In the 10 years since the U.S. Supreme Court’s influential Nautilus ruling, the spirit of the “amenable to construction” test that the opinion rejected persists with many patent litigators and judges, so patent infringement defense counsel should always consider several key arguments, says John Vandenberg at Klarquist Sparkman.