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Intellectual Property
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April 08, 2024
Fed. Circ. Backs PTAB Decision Axing VLSI Patent Claims
The Federal Circuit on Monday upheld a decision by the Patent Trial and Appeal Board that found claims of a VLSI computer memory patent invalid in a challenge by Intel.
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April 08, 2024
New Balance, Golden Goose Agree To End 'Dad Shoe' IP Row
New Balance and rival shoe brand Golden Goose have settled a trademark infringement dispute over a style of chunky "Dad" sneakers sold by the two companies, according to a court filing.
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April 05, 2024
Apple Asks Fed. Circ. To Upend ITC Watch Feature Ban
The U.S. International Trade Commission overstepped its authority in banning the import of the Apple Watch after finding it infringes Masimo Corp. patents on technology measuring oxygen in blood, Apple told the Federal Circuit on Friday, saying Masimo rushed its claims before the commission without having a product practicing the asserted patents.
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April 05, 2024
Intel Takes VLSI License Defense To Texas After Dismissal
Intel brought its effort to secure a ruling that it has a license to VLSI chip patents in a multibillion-dollar dispute to a Texas court Friday, after a California judge unsealed a dismissal order holding that contract language barred her from deciding the issue.
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April 05, 2024
SITO Mobile Can't Get Fed. Circ. To Revive Patents
The Federal Circuit decided on Friday to leave unchanged a handful of patent board rulings lost by a bankrupt mobile tech company that has since launched suits against streamers such as Hulu and the fuboTV brand.
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April 07, 2024
7th Circ. Won't Save Hytera From 'Self-Inflicted' Wounds
A Seventh Circuit panel this weekend said Hytera Communications could not be trusted after it filed a Chinese lawsuit behind an Illinois court's back and brought a $1 million daily fine upon itself, as a federal judge said she needed written proof that a Chinese court had really dismissed the suit.
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April 05, 2024
Abbott Settles TM Suit Over Gray Market Diabetes Test Strips
Abbott Laboratories told a New York federal judge Friday that the company has settled what remains of its trademark litigation campaign against makers of gray market diabetes test strips that has been going on since 2015.
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April 05, 2024
Judge Lourie's Dissent Revives Debate Over FDA Safe Harbor
U.S. Circuit Judge Alan Lourie has urged the Federal Circuit to reconsider its precedent over a safe harbor that allows infringement when companies are developing products regulated by the U.S. Food and Drug Administration, and many attorneys agreed with him that the appeals court has been improperly expanding the safe harbor for decades.
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April 05, 2024
Rapper French Montana Seeks Atty Fees For 'Frivolous' IP Row
French Montana has told an Illinois federal judge that a young musician who alleged that the rapper sampled his song to make his hit single "Ain't Worried About Nothin'" should cover the attorney fees and litigation costs he spent defending the "frivolous" copyright lawsuit, suggesting that he only filed it to gain publicity.
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April 05, 2024
Fed. Circ. Says Sumitomo's Expired Drug Patent Moots Appeal
The U.S. Patent and Trademark Office received a win on Friday when the Federal Circuit found that since Sumitomo Pharma's patent on a dosage regimen for a schizophrenia drug expired just before the appeals court heard oral arguments, the company's appeal of a decision invalidating all the claims is moot.
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April 05, 2024
Judge Newman Pushes To Keep Suit Over Suspension Intact
U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.
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April 05, 2024
New Partner Joins Nixon Peabody's IP Team In Chicago
Nixon Peabody LLP has brought on a pair of patent attorneys to its Chicago office, including a partner who worked at Fitch Even Tabin & Flannery LLP for more than 30 years.
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April 05, 2024
Texas Appeals Court Reverses IT Consulting Worker Spat
A Texas appeals court revived a suit brought by an information technology consulting company against its former worker, ruling that the company had shown enough evidence to go forward with the case and the trial court abused its discretion in granting a no-evidence summary judgment motion.
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April 05, 2024
Coachella Nabs TM Injunction Against DC 'Moechella' Backers
California's Coachella music festival secured a preliminary injunction in D.C. federal court barring the organizers of music and cultural events in Washington, D.C., from using the "Moechella" mark.
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April 05, 2024
Carl Sagan Co. Says It Owns Astronomer's Rights In TM Fight
A company managing the works of famed astronomer Carl Sagan said it has the rights to the scientist's name and likeness, telling a Michigan federal judge that it has the standing to sue a software company for allegedly using Sagan's name without permission.
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April 05, 2024
Virgin Galactic Sues Boeing Over 'Shoddy' $45M Aircraft Work
Virgin Galactic has hit Boeing with a breach-of-contract suit in California federal court, alleging the aerospace giant failed to deliver a new $45 million "mothership" carrier aircraft due to its alleged "shoddy and incomplete" work and that Boeing has since wrongfully sued in Virginia seeking to claw back intellectual property licenses.
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April 05, 2024
Walmart's Self-Checkout Patents Survive BJ's PTAB Attacks
Retail chain BJ's Wholesale Club was unable to persuade judges on an administrative patent board to knock out any claims from a pair of patents covering a self-checkout app that Walmart's Sam's Club brand is suing the rival over in Florida federal court.
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April 05, 2024
Sprint's $4.5M Nextel Trademark Win Upheld At 11th Circ.
Sprint Communications Inc. maintained a trademark on its line of walkie-talkie devices and deserved a $4.5 million jury award against an imitator for its unlawful use of the device name and distinctive "chirp" noise, according to an Eleventh Circuit panel ruling.
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April 05, 2024
Off The Bench: ACC Drama, Football Firing Suits Intensify
In this week's Off The Bench, Florida State University cannot escape an ACC lawsuit that may enforce a nine-figure penalty against the school if it should leave the conference, while both Northwestern University and the Arizona Cardinals face more legal headaches over their decisions to fire key personnel.
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April 05, 2024
IP Firm Sues Florida Attorney For Using Soundalike Name
Georgia-based intellectual property firm Bekiares Eliezer LLP has sued an attorney in Florida federal court, alleging he marketed his services with a name similar to its "Founders Legal" brand.
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April 05, 2024
Chinese Insurer Awarded Nearly $15M Over Hotel Theft Suit
A California federal judge awarded a Chinese insurer nearly $15 million in damages after a man accused of conspiring to fraudulently claim ownership of New York City's JW Marriott Essex House Hotel and other luxury properties failed to appear in the action.
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April 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the BBC sued by former Georgian defense minister David Kezerashvili, Russian businessman Ildar Sharipov file a defamation claim against the publisher of the Liverpool Echo newspaper, MEX Group Worldwide sue Barclays and NatWest, and a climbing gear company hit retailer Next with a claim of copyright infringement. Here, Law360 looks at these and other new claims in the U.K.
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April 04, 2024
Charter Says Nonprofit's Fight Over Sealed Docs Is Too Late
Charter Communications Inc. is disputing the Electronic Frontier Foundation's attempt to persuade a Texas federal court to unseal filings in a patent suit against the cable company over data transmission that settled late last year.
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April 04, 2024
Coach Accuses Gap Of IP Theft Over Old Navy 'Coach' Tees
Luxury fashion company Coach Inc. sued The Gap Inc. for alleged trademark infringement in California federal court Tuesday, accusing the global apparel giant of illegally advertising and hawking a line of Old Navy T-shirts that display the word "Coach" in an effort to free ride off Coach's brand and reputation.
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April 04, 2024
'Halfhearted' Hytera Filings Not Enough To Lift Hefty Sanctions
Hytera Communications' daily $1 million fine and other sanctions for violating an Illinois federal judge's anti-suit injunction stayed in place Thursday as she ordered the company to submit a fourth, more "meaningful" request in China to halt a lawsuit it lodged against Motorola Solutions.
Expert Analysis
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Key Takeaways From 2023 Trade Secret Developments
Attorneys at Faegre Drinker parse the past year's most significant trade secret rulings for practice tips, including the importance of establishing a confidential relationship when sharing trade secrets with third parties.
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Energy Sector Takeaways From Biden's AI Executive Order
While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.
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3 Types Of Evidence Excluded Pretrial In 2023 TM Cases
Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.
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Lessons From This Year's Landmark Green Energy IP Clash
In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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Perils Of Incorporation By Reference At The Federal Circuit
The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Comparing Christmas Carols: IP Issues In Mariah Carey Case
All that plaintiffs Andy Stone and Troy Powers want for Christmas this year is $20 million in damages from Mariah Carey in a federal copyright suit claiming her hit "All I Want For Christmas Is You" infringed on their earlier song by the same name, but they will have an uphill battle in demonstrating substantial similarity, says forensic musicologist Ethan Lustig.
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Green Tech And IP From Obama Through Biden: What's Next?
J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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7 Critical Copyright And AI Questions Courts Need To Address
U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.
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How New Expert Rules Are Already Changing Court Decisions
Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Open Issues At The USPTO And Beyond After Biden AI Order
President Joe Biden's recent executive order on artificial intelligence requires individual government agencies to develop their own principles and guidelines around the use of AI, leaving unanswered questions that will be important for any business that intends to rely on AI to create new or improved products or technologies, say Andrew Lustigman and Mary Grieco at Olshan Frome.
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Overcoming IP Portfolio Challenges Amid Higher Patent Fees
As potentially higher U.S. Patent and Trademark Office fees contribute to a difficult future environment for IP leaders, attorneys who follow a series of practice tips to build a well-managed, valuable IP portfolio can help alleviate this potential financial burden, says Vincent Brault at Anaqua.