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Intellectual Property
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May 13, 2024
Ga. Dental Imaging Co. Pushes For Ax Of X-Ray IP Row
A dental imaging company is urging a Georgia federal judge to slash a suit lodged against it by a competitor alleging that the company sold 3D dental imaging systems and software that infringe its patents, arguing that the claims are directed to "abstract ideas" that are ineligible for patent protection.
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May 13, 2024
USPTO Fights Class Cert. Bid In Suit Over Patent Program
The U.S. Patent and Trademark Office has said a proposed group of inventors should not receive class certification in a suit alleging that the office's now-defunct program for flagging "sensitive" patent applications for extra review violated the Privacy Act.
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May 13, 2024
McCarter & English Aims To Sink Biotech Malpractice Suit
McCarter & English LLP has asked a New Jersey state judge to toss a legal malpractice suit filed by a former biopharmaceutical client who claims the firm is responsible for the company's financial struggles.
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May 13, 2024
Haynes Boone Lands Procopio Life Sciences Leader In Calif.
Haynes and Boone LLP announced Monday it welcomed to the firm's intellectual property practice a new partner who most recently led Procopio Cory Hargreaves & Savitch LLP's life sciences group.
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May 13, 2024
Supreme Court Won't Hear 'Original Patents' Dispute
The U.S. Supreme Court on Monday rejected a petition from Ikorongo Texas LLC challenging how a Texas federal judge interpreted a rarely invoked requirement for reissue patents when he invalidated the company's patents in litigation with the dating app company Bumble.
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May 13, 2024
Justices Skip Website's Bid To Review Copyright Ruling
The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that revived a copyright complaint accusing controversial web forum Kiwi Farms and its owner of infringing the works of self-published author Russell Greer, who wrote about his court battle with pop star Taylor Swift.
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May 10, 2024
VoIP-Pal.com Inc. Drops Patent Suit Against Huawei
Patent litigation business VoIP-Pal.com Inc. has agreed to drop its case against Huawei Technologies Co. Ltd., a week after lawyers for the Chinese telecom giant failed to get patents asserted in the case invalidated on eligibility grounds in a Texas federal court.
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May 10, 2024
Retail Group Opposes $1B Arbitral Award Against Walgreens
An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.
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May 10, 2024
Patent Owners Face Risks In Amazon Program After Ruling
The Federal Circuit ruled earlier this month that a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state. The holding creates a risk for patent owners who may rethink using the program, attorneys told Law360.
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May 10, 2024
Pharma Cos., FDA Debate 'Same Drug' In Orphan Drug Case
Two pharmaceutical companies and the U.S. Food and Drug Administration faced off in D.C. federal court Friday over allegations that the federal agency wrongly approved a treatment that rivals Jazz Pharma's narcolepsy drug despite Jazz's exclusivity rights under the Orphan Drug Act.
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May 10, 2024
Densify, VMware Settle Patent Case After $85M Verdict
Densify and the Dell spinoff VMware notified a Delaware federal judge on Friday that they had decided to settle a suit after VMware last year was ordered to pay nearly $85 million for infringing patents over new ways of designing virtual environments.
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May 10, 2024
Fed. Circ. Backs ITC Decision Clearing Computer Gear Imports
The Federal Circuit on Friday upheld the U.S. International Trade Commission's holding that CommScope, Hewlett Packard, Netgear and others didn't infringe Q3 Networking's computer gear patents with their imports of things like routers.
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May 10, 2024
Pharmaceutical Cos. Can't Nix Parkinson's Drug Antitrust Suit
A Delaware federal judge has issued a sealed order refusing to dismiss drugmakers Sage Chemical Inc. and TruPharma's antitrust suit accusing rival Supernus Pharmaceuticals and others of suppressing generic versions of the Parkinson's treatment Apokyn.
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May 10, 2024
1st Circ. Fast-Tracks DraftKings Noncompete Feud
The First Circuit on Friday granted a former DraftKings executive's request to expedite his appeal of a Boston federal judge's ruling that blocked him from doing similar work in the U.S. for rival Fanatics.
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May 10, 2024
Fed. Circ. Questions Claim Construction In Google Ad Row
Federal Circuit judges took issue with a district court's claim construction in digital advertising company Impact Engine's infringement summary judgment loss to Google, but questioned why the ad startup didn't raise its objections earlier.
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May 10, 2024
Oakland Says SF Has No TM Rights To 'San Francisco Bay'
The city of Oakland has pushed back at San Francisco's trademark infringement complaint over Oakland's plan to incorporate "San Francisco Bay" into its airport name, arguing that the Golden Gate City's claims are doomed because its airport is not even located in San Francisco.
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May 10, 2024
X Corp.'s Data Scraping Suit Stymied By Copyright Act
A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.
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May 10, 2024
JLM Couture Nears Settlement With Bridal Dress Designer
Dressmaker JLM Couture told Delaware's bankruptcy court Friday it reached an agreement in principle with a bridal dress designer, who was sued by the company and had sought to convert its Chapter 11 case into a Chapter 7 liquidation.
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May 10, 2024
Off The Bench: Ohtani Translator's Plea, NBA Star Tops Agent
In this week's Off The Bench, Shohei Ohtani's ex-interpreter will plead guilty, an NBA star wins in his clash with the agent who sought to represent him, and a tennis player who was abused by her former coach is awarded $9 million.
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May 10, 2024
Tobacco Wholesaler Must Post $1.4M Bond Pending IP Appeal
A cigarette rolling paper wholesaler must post a more than $1.4 million bond while the company appeals its portion of a larger $2.3 million verdict for selling counterfeit papers, a Georgia federal judge has ruled.
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May 10, 2024
Jury Says Microsoft Owes $242M For Infringing IPA Patent
A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.
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May 10, 2024
Fox Rothschild Hires Ex-Seed IP Trio On The West Coast
Fox Rothschild is bringing on more intellectual property talent on the West Coast, announcing Friday that it had added three former Seed IP attorneys to its Seattle offices.
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May 09, 2024
Fed. Circ. Lifts Ban On Generic Cos.' Bladder Drugs
The Federal Circuit on Thursday rejected Astellas Pharma's latest effort to stop the launch of generic drugs that would compete with its own blockbuster overactive bladder medication and lifted a temporary ban that was put in place by the appeals court in April.
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May 09, 2024
AI-Created Database Isn't Copyrightable, Job Search Co. Says
Job searching platform Tarta.ai has urged a California federal judge to toss a suit accusing it of stealing rival Jobiak LLC's automated database and using it for its own job postings, arguing that Jobiak's website is not subject to copyright protection because it's powered by artificial intelligence.
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May 09, 2024
Fed. Circ. Wary Of Undoing Gilstrap's Toss Of Banking IP Suit
The Federal Circuit didn't seem convinced Thursday morning that a patent case against online stockbroker TD Ameritrade had been wrongly tossed out of court, with a judge at one point telling banking patent owner Island Intellectual Property that "this is all abstract."
Expert Analysis
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Understanding And Working With The Millennials On Your Jury
Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.
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Opinion
Vidal Should Amend USPTO Precedent In Automaker Review
U.S. Patent and Trademark Office Director Kathi Vidal's recent decision to review Ford and Honda patent challenges that were rejected by the Patent Trial and Appeal Board provides an opportunity to revisit precedents that have unfairly denied companies a fair review process and align them with commonsense principles of legal equity, says former Sen. Patrick Leahy.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Considering A Practical FRAND Rate Assessment Procedure
As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.
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How AI Inventorship Is Evolving In The UK, EU And US
While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.
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How Biotech Cos. Can Utilize Synthetic Royalty Financing
Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.
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Copyright Lessons Following Ruling In Artist AI Suit
The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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Fed. Circ. In Jan.: One Word Can Affect Claim Construction
The Federal Circuit's recent Pacific Biosciences v. Personal Genomics decision highlights how even construction of a simple term can be dispositive, and thus disputed, in view of the specific context provided by the surrounding claim language, say Jeremiah Helm and Sean Murray at Knobbe.
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The State Of Play In NIL, Compensation For Student-Athletes
Recent NCAA developments — including name, image, and likeness legislation and a governance and compensation proposal — reflect a shift from the initial hands-off approach to student-athletes' NIL deals and an effort to allow colleges to directly compensate student-athletes without categorizing them as employees, say attorneys at Pillsbury.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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UK Ruling Revitalizes Discussions On Harmonizing AI And IP
The U.K. Supreme Court's decision in Thaler v. Comptroller-General last month has reinvigorated ongoing discussions about how the developments in artificial intelligence fit within the existing intellectual property legislative landscape, illustrating that effective regulation will be critical as the value and influence of this sector grows, say Nick White and Olivia Gray at Charles Russell.
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Expediting Psychedelics Approvals In The US And Canada
Accelerated regulatory pathways for psychedelics in the U.S. and Canada play a pivotal role in the progression of drugs, devices and novel therapies toward commercialization, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.