Intellectual Property

  • October 04, 2022

    Eli Lilly Can't Slip Teva's Migraine Drug Patent Suit

    Drugmakers Eli Lilly and Co. and Teva Pharmaceuticals must take their patent dispute over rival migraine medications to a jury, a Massachusetts federal judge said Monday, denying the bulk of the companies' dueling motions for summary judgment.

  • October 04, 2022

    Gilstrap Says EDTX Is Wrong Forum For Nissan Fuel IP Row

    U.S. District Judge Rodney Gilstrap has thrown out a patent owner's infringement suit against Nissan North America over fuel injection technology, agreeing that the automotive giant doesn't have an established place of business in the Eastern District of Texas.

  • October 04, 2022

    Recruiting Firm Wants DLA Piper, Tauler Smith To Pay Fees

    Citing what it said was their "vexatious" and "unreasonable" conduct in the case, a legal recruiting firm that recently won a $3.6 million judgment against an ex-employee has asked a federal judge to force DLA Piper and Tauler Smith LLP to pay a portion of the nearly $2 million it's seeking in fees.

  • October 04, 2022

    Week After Januvia Patent Is Upheld, Merck Sues Over Generic

    Merck has launched a suit claiming a New Jersey-based pharmaceutical company's proposed generic of the blockbuster diabetes drug Januvia infringes its patent on the treatment, less than a week after the Federal Circuit backed a Patent Trial and Appeal Board decision upholding the patent.

  • October 04, 2022

    Blank Rome Adds 4th IP Atty In DC In As Many Months

    Blank Rome LLP is once again bolstering its intellectual property bench in Washington, D.C., this time adding an attorney with more than 20 years of experience from Axinn Veltrop & Harkrider LLP to help lead the firm's IP litigation practice.

  • October 04, 2022

    Sirius Ads Don't Violate Comedian's Rights, 2nd Circ. Says

    A Second Circuit panel on Tuesday affirmed the dismissal of a lawsuit brought against Sirius XM Radio Inc. by a comedian featured on "The Howard Stern Show" who alleges the satellite broadcaster is replaying clips from the show without his permission, ruling the clips are copyrighted works protected by federal law.

  • October 04, 2022

    Vidal Sanctions OpenSky For Abuse In VLSI Patent Challenge

    OpenSky Industries on Tuesday earned sanctions "to the fullest extent" of the U.S. Patent and Trademark Office director's power after the agency's director found it tried to extract payments from Intel Corp. and the patent owner that won $2.2 billion from Intel in an infringement case.

  • October 03, 2022

    Instagram Can't Escape Sex Toy Seller's Trademark Suit

    A federal judge in Maryland on Monday told lawyers for Instagram's parent company that they couldn't quite escape a lawsuit from a dealer of "fine adult paraphernalia" going by the username "lickmykakez" who wants to use trademark law to hold Meta Platforms Inc. legally liable for disabling her account and flooding the market with fakes.

  • October 03, 2022

    Youth League USA Prime Baseball Says New Rival Is Copycat

    Amateur baseball club USA Prime Baseball LLC sued Prime Baseball LLC and its founder on Monday in Texas federal court for allegedly stealing its name and trademarked marketing designs.

  • October 03, 2022

    High Court Again Asks For SG's Views On Patent Eligibility

    Just three months after rejecting a patent eligibility case that the U.S. solicitor general had recommended hearing, the U.S. Supreme Court on Monday asked for the federal government's take on whether it should hear a different case on the contentious issue.

  • October 03, 2022

    Attys Lose USPTO Privileges Over Foreign Sponsorship Scam

    Two attorneys, from the firms of YK Law LLP and Meritech Law LLC, abused the U.S. Patent and Trademark Office's online sponsorship tool by sponsoring non-U.S. licensed foreign attorneys and non-attorneys, the USPTO said Monday in announcing that it was suspending their accounts.

  • October 03, 2022

    Supreme Court Says No To 9 Patent Cases

    The U.S. Supreme Court on Monday refused to wade into nine patent cases, turning down Biogen's efforts to block its billion-dollar multiple sclerosis drug Tecfidera from facing market competition and a bid from a prolific patent filer alleging that the U.S. Patent and Trademark Office had developed a "no patents" rule specifically for him, among other matters.

  • October 03, 2022

    Judge Won't Hold New Trial In Genetic Testing Patent Feud

    A Delaware federal judge has rebuffed a biotechnology company's bid for a new trial after a jury determined it owed a rival and Massachusetts General Hospital $4.7 million for infringing their genetic testing patents, while agreeing with some of the plaintiffs' requests to boost their award.

  • October 03, 2022

    Wyndham Wants Default Ruling Against Timeshare Exit Co.

    Timeshare company Wyndham asked a Florida federal court on Monday to hand down a more than $456,000 default final judgment against a timeshare exit company that hasn't participated in Wyndham's false advertising suit for roughly two years.

  • October 03, 2022

    Justices Skip 'What Men Want,' Texas A&M Copyright Suits

    The U.S. Supreme Court on Monday refused to hear an appeal that would revive a screenwriter's copyright case over Paramount's hit rom-com "What Men Want," as well as an appeal over whether states can be held liable under federal copyright laws.

  • October 03, 2022

    Comet Nabs Injunction After $40M Trade Secrets Jury Verdict

    A California federal judge has granted Comet Technologies' bid for a permanent injunction following a jury finding that its rival misappropriated trade secrets related to manufacturing equipment for semiconductor chips.

  • October 03, 2022

    Ben & Jerry's Says Unilever 'Covertly' Took TMs After Merger

    Unilever "covertly" took control of Ben & Jerry's trademarks following their merger in 2000, the ice cream giant said in an amended New York federal court complaint that seeks to block its parent from selling its products in the West Bank.

  • October 03, 2022

    Fed. Circ. Unsure Minerva Patent Wrongly Axed By Del. Judge

    A Federal Circuit panel seemed skeptical Monday of Minerva's argument that its patent on a medical device for treating heavy menstrual bleeding should be revived because a prototype shown to the public at a trade show wasn't actually ready for patenting.

  • October 03, 2022

    Ex-Fed. Circ. Chief Tells Court To Undo Ax Of Tech Patent

    A former Federal Circuit chief judge has urged that appellate court to overturn a panel's decision agreeing that three of Stanford University's diagnostic patents are ineligible for protection since they're directed toward a natural phenomenon, arguing that the ruling unnecessarily forecloses patent protection for novel and nonobvious diagnostic techniques.

  • October 03, 2022

    USPTO Seeks Toss Of Suit Over Rule To Allow PTAB Opt-Out

    The U.S. Patent and Trademark Office wants to kill a suit claiming the agency wrongly denied a petition for a proposed rule that would cut down on unwarranted patent invalidity reviews by giving small-time patent owners the ability to "veto" such reviews when certain criteria are met.

  • October 03, 2022

    Amazon Hits Warranty Co. With TM Suit Over Brand Confusion

    Amazon has told a New York federal court that a warranty business is co-opting the retail titan's name to drum up sales, despite an earlier agreement to stop doing so.

  • October 03, 2022

    USPTO Wants Thoughts On Boosting Patent 'Robustness'

    Federal patent officials say they want the public's thoughts on ways to try to improve the patent process, with the government saying it is considering moves that could help secure the "robustness" of intellectual property rights.

  • October 03, 2022

    Justices Want SG's Take On Skinny Label Patent Case

    The U.S. Supreme Court asked the U.S. solicitor general on Monday to weigh in on a Federal Circuit decision involving so-called skinny labels for pharmaceuticals, which resulted in Teva being held liable for $235 million in damages infringing a GlaxoSmithKline heart drug patent.

  • October 03, 2022

    Ill. Panel Revives Suit Over Medical Co. Atty's Firing

    An Illinois appellate court has revived a whistleblower lawsuit accusing a medical device maker of firing an attorney who headed the company's intellectual property legal group after the lawyer allegedly refused calls by the company's general counsel to "hide or park" money in the division's budget that purportedly didn't belong there.

  • October 03, 2022

    Catching Up With Delaware's Chancery Court

    What do drones, electric cars, eggs, chocolate and time-wasting have in common? They're all part of the news out of Delaware Chancery Court this week. And that's not even counting all the disputes between Twitter Inc. and Tesla CEO Elon Musk, which are ratcheting up as the Oct. 17 trial over the scuttled $44 billion deal approaches.

Expert Analysis

  • Apple's New Messaging Features Will Complicate E-Discovery

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    Apple's newest mobile operating system allows users to edit and recall messages and recover deleted messages, which could significantly increase the time, burden and expense of processing and analyzing cellphones if messages or their associated metadata become an area of scrutiny in a case, says Jarrett Coco at Nelson Mullins.

  • Law Firm Inclusion Efforts Often Overlook Business Staff

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    Law firms committed to a culture of universal inclusion can take steps to foster a sense of belonging in their business services teams, says Jennifer Johnson at Calibrate Consulting.

  • AI Artists Highlight Need For Copyright Updates

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    As virtual musicians are generated in the age of artificial intelligence, the U.S. Copyright Office will be forced to clarify the limits of copyright protections, which are currently reserved only for human beings, say Sarkis Yeretsian and Jonathan Goins at Lewis Brisbois.

  • How Attys Can Get Reliable Data From Pretrial Focus Groups

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    As jury research becomes more commonplace, many trial attorneys are attempting to run their own focus groups, but they must understand the principles of scientific method and bias to collect reliable data — or they risk relying on misleading, invalid or potentially dangerous information, says Jessica Brylo at Trial Dynamics.

  • Reexamining Negative Limitations After Novartis Patent Ruling

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    The Federal Circuit's decision and denial of rehearing in Novartis v. Accord has created exacting standards that must be met in order for negative limitations in patent claims to satisfy the written description requirement, but whether the dissent is correct that the majority opinion heightened the standard is an arguable point, say Jonathan Fitzgerald and Jaime Choi at Snell & Wilmer.

  • An Associate's Guide To Rebounding After A Layoff

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    Law firm associates laid off due to economic conditions can recuperate and move forward by practicing self-care, identifying key skills to leverage during the job search, engaging in self-reflection and more, say Kate Sheikh at Major Lindsey and wellness consultant Jarrett Green.

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • PTAB Director Review Under Vidal: The First 6 Months

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    In her first six months in office, U.S. Patent and Trademark Office Director Kathi Vidal has displayed a practical approach that refocuses proceedings to the merits of invalidity challenges and the statutory goal of restoring confidence in patent quality, say Harper Batts and Fred Qiu at Sheppard Mullin.

  • Biden Order's New Lens Puts Foreign Transactions In Focus

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    President Joe Biden's landmark executive order on national security factors that will be considered by the Committee on Foreign Investment in the United States provides a new perspective for parties addressing questions and concerns on transactions, and reaffirms the role of CFIUS in national security, say attorneys at Simpson Thacher.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • What New Colo. Noncompete Law Means For Employers

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    Mary Will and Jill Zender at Faegre Drinker discuss key elements of a newly effective Colorado law that adds further restrictions to the use of worker noncompete agreements, explain what types of contracts are still permissible in the state, and share employer compliance tips.

  • 3 Reasons Beauty Cos. Should Consider Pursuing Patents

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    Beauty brands trying to stand out in a crowded and rapidly changing market should consider patents as a tool to help protect their brands amid the rush to introduce new at-home cosmetic technologies and other shifting competitive pressures, say attorneys at Goodwin.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • Exploring The Question Of Authorship With AI-Generated Art

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    Artificial intelligence art services like Craiyon raise myriad legal questions — particularly who is the author, and therefore owner of the images that result from the user's text prompt as a matter of copyright law — and each potential answer is problematic in its own way, say Scott Sholder and Benjamin Halperin at Cowan DeBaets.

  • NIL Profit Considerations For Historically Black Colleges

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    LaKeisha Marsh and Montoya Ho-Sang at Akerman examine the role of historically Black colleges and universities in sports, solutions to underfunding issues, and considerations higher education attorneys should address with their clients when operating in the name, image and likeness space.

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