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Intellectual Property
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April 30, 2024
No Coverage For Foundation's Counsel In IP Row, Judge Says
A Kansas federal court tossed two counterclaims a Kansas State University-affiliated philanthropy lodged against its insurer over coverage for a man's claims that it stole his economic development ideas for the university, finding the insurer has no duty to pay for the philanthropy's own choice of counsel.
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April 30, 2024
Sens. Want Clarity On Foreign College Athletes' NIL Rights
Lawmakers on Monday pressed the Biden administration for guidance on the ability of foreign-born college athletes to earn money through advertisements and publicity deals, stressing that imprecise visa rules have confused the athletes.
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April 29, 2024
OpenAI Case Not Ready For Lead Counsel Pick, Judge Says
A California federal judge has rejected authors' pick for interim lead counsel in a case accusing OpenAI of copyright infringement, ruling that the request was made too early and must wait until class certification has been decided.
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April 29, 2024
Pfizer Inks $25M Deal Ending Leftover Effexor Antitrust Claims
A proposed class of indirect buyers have asked a New Jersey federal judge to greenlight a $25.5 million settlement to end allegations that Pfizer unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant Effexor XR.
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April 29, 2024
'Shark Tank' Sweatshirt Biz Cozies Up With $18M IP Verdict
A federal jury in Phoenix has found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks of two brothers who sell the "Comfy" sweatshirt that was featured in an episode of "Shark Tank."
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April 29, 2024
Google Hit With Copyright Claims Over AI Image Generator
A group of visual artists has filed a proposed class action claiming Google's text-to-image artificial intelligence tool Imagen is trained by copying "enormous amounts" of artists' copyrighted works without authorization, the latest suit challenging the use of vast datasets for AI training.
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April 29, 2024
Sandoz Says Biopharma Biz Added 'Poison' To Market
More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.
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April 29, 2024
Mistrial Called In $86M Stent Patent Case Against Medtronic
An $86 million case in Texas over stents sold by medical device giant Medtronic has ended in a mistrial after U.S. District Judge Alan Albright was notified that a juror didn't want to budge on a position that was at odds with the rest of the jurors.
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April 29, 2024
Netflix Defeats Ex-'Survivor' Star's Claim It Copied Show Idea
A New Jersey federal judge on Monday tossed with prejudice a suit filed by former "Survivor" contestant Gervase Peterson alleging that Netflix's show "King of Collectibles: The Goldin Touch" infringes on a teaser video he produced, saying the alleged protectable ideas are generic reality show elements.
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April 29, 2024
Tilray-Owned Beer Co. Hit With 'Big Juicy' TM Suit
Brewing company No-Li Brewhouse LLC has sued a competitor owned by cannabis giant Tilray Brands LLC in Washington federal court, accusing the rival of infringing its "Big Juicy" trademark for beers.
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April 29, 2024
Boehringer Accused Of Monopolizing Inhaler Product Market
Boehringer Ingelheim Pharmaceuticals has manipulated the U.S. patent and drug approval system to unlawfully block makers of generic inhaler medications, health and welfare funds claimed in a lawsuit filed Monday in Connecticut federal court, arguing that the "availability of generics has tangible cost and life-saving effects."
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April 29, 2024
Ohio, Ky. Reps. Again Try To Abolish PTAB
U.S. Reps. Marcy Kaptur, D-Ohio, and Thomas Massie, R-Ky., have introduced a pair of bills aiming to overrule much of current patent law, including abolishing the Patent Trial and Appeal Board and making injunctions more common.
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April 29, 2024
Chicago IP Firm Sues Again Over Atty Impersonation
Intellectual property law firm Greer Burns & Crain Ltd. has filed a second trademark infringement suit claiming an unknown defendant has been using a nearly identical website domain name to impersonate its attorneys and request the release of court-ordered asset restraints, after winning a similar case last year.
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April 29, 2024
USPTO Seeks Input On How AI Use Should Affect Patentability
The U.S. Patent and Trademark Office wants public input on how the proliferation of artificial intelligence should affect the office's evaluation of patentability, such as in the consideration of what qualifies as prior art and in assessments of a "person having ordinary skill in the art."
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April 29, 2024
Fed. Circ. Gives HP Unit 2nd Chance To Challenge Camera IP
The Federal Circuit on Monday revived a debate about whether FullView Inc.'s panoramic camera system patent should be invalidated as obvious, while affirming a California federal judge's decision that HP unit Polycom Inc. infringed that patent.
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April 29, 2024
Nike Settles TM Suit Against Bape Over Shoe Designs
Nike has settled its trademark infringement suit accusing Bape of copying the "iconic" look of its Air Force 1 and Air Jordan sneakers, according to a notice of voluntary dismissal Monday, which comes nearly two months after a New York federal judge refused to nix the case.
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April 29, 2024
Alcon Owes $34M In Glaucoma Patent Row, Jury Finds
A Delaware federal jury has found that Alcon and various related entities are on the hook for a $34 million judgment in a patent suit about medical devices to treat glaucoma launched by Sight Sciences.
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April 29, 2024
PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent
A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions."
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April 29, 2024
Reebok Says TM Foe Must Foot Bill After Key Depo Called Off
Reebok asked a Massachusetts federal judge to force an Italian shoemaker to pay legal costs and produce its former CEO for a deposition in a trademark case, saying the scheduled meeting in Milan was canceled just hours before Reebok's attorneys were scheduled to board a flight.
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April 29, 2024
Finnegan Hires Long Time Patent Office Legal Adviser In DC
A more-than two decade veteran of the U.S. Patent and Trademark Office has left the agency to return to private practice, this time in a new role with Finnegan Henderson Farabow Garrett & Dunner LLP, the firm announced Monday.
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April 29, 2024
Security Startup Founder Joins Greenberg Traurig From MoFo
Greenberg Traurig LLP has added a former Morrison & Foerster LLP technology litigator and data security software startup founder to its San Francisco office, the firm announced Monday.
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April 29, 2024
NCAA, Bush Tussle Over Strength Of Defamation Claims
Former USC running back Reggie Bush's defamation brawl with the NCAA continued on Monday as the 2005 Heisman Trophy winner urged an Indiana state court to keep his lawsuit alive, arguing it is too early to throw the case out as the NCAA wishes.
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April 29, 2024
'Fearless Girl' Trial Off After Sides Reach Weekend Accord
A lengthy breach of contract and trademark infringement dispute between investment manager State Street Global Advisors and the artist behind New York City's well-known "Fearless Girl" bronze sculpture settled Saturday evening ahead of a scheduled jury trial.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 27, 2024
'Woodstock' Weed TM Case Settles Before Jury Selection
The promoter of the 1969 Woodstock music fair agreed Friday to drop infringement claims against a rival purveyor of "Woodstock" trademarks in the evolving marijuana market, in a last-minute Manhattan federal court deal that avoids a jury trial.
Expert Analysis
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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10 Years After Alice, Predictability Debate Lingers
A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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How China's IP Proposal Could Affect US Brands' TM Strategy
Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.
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Exploring Patent Trends In Aerospace Electrification
As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.
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3 Tech Sourcing Best Practices That Are Relevant For AI
It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.
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The Pros And Cons Of NIST's Proposed March-In Framework
Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.