Intellectual Property

  • September 02, 2021

    Only Humans, Not AI, Can Be An Inventor, Va. Judge Rules

    A Virginia federal judge ruled Thursday that artificial intelligence cannot be listed as an inventor on a patent application, holding that the Patent Act makes clear that inventing is the exclusive legal province of human beings.

  • September 02, 2021

    IP Forecast: Herman Miller Readies For Chair TM Fight

    Furniture giant Herman Miller Inc. will argue next week in favor of showing California jurors in an upcoming trade dress trial that its Aeron office chair was illustrious enough to be featured in "The Simpsons" and "Casino Royale," while a rival is set to challenge the use of the media clips. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 02, 2021

    Dish, Sirius Fight Judge's Fee Denial Stance In Video IP Row

    Dish Network and SiriusXM are urging a Delaware federal judge to overrule a magistrate judge's recommendation that they not receive attorney fees from a Patent Trial and Appeal Board ruling that struck down a video playback patent asserted against them.

  • September 02, 2021

    Keds Says Hanes Tried To Extort It Via 'Champion' TM Suit

    Keds LLC is accusing its longtime business partner Hanesbrands Inc. of trying to "extort" the shoe company by levying "baseless" trademark litigation over use of the "Champion" mark in an attempt to secure better terms for a footwear licensing agreement, according to a complaint filed Thursday in Massachusetts federal court.

  • September 02, 2021

    Celgene Can't 'Guess' How Rival Mylan Operates, Judge Says

    A Federal Circuit judge pressed pharma giant Celgene Corp. on Thursday to explain why it's not just making a "guess" as to the roles played by various Mylan entities in allegedly trampling Celgene's patents on the blockbuster cancer drug Pomalyst.

  • September 02, 2021

    Albright Transfers Lyft Suit After 'Venue Manipulation' Order

    A federal judge in Texas who was recently told by the Federal Circuit that he allowed a patent licensing company to engage in "venue manipulation" has granted a request from Lyft Inc. to transfer its related dispute to the Northern District of California.

  • September 02, 2021

    Fed. Circ. Mulls Printed Publication Fight In Adobe PTAB Loss

    A Federal Circuit panel seemed open on Thursday to sending Adobe's challenges to two patents on graphics arts technology back to the Patent Trial and Appeal Board, suggesting that the board might have erred in determining that two printed publications did not qualify as prior art.

  • September 02, 2021

    Amazon, Dell, Samsung Device Imports Face ITC Scrutiny

    The U.S. International Trade Commission has agreed to investigate whether Amazon, Dell and other big technology companies are selling laptops, desktops, servers, mobile phones and tablets that infringe patents owned by Sonrai Memory Ltd. of Ireland.

  • September 02, 2021

    FisherBroyles Adds Litigation Partner Duo In Los Angeles

    FisherBroyles LLP added a pair of Los Angeles litigation attorneys as partners, including one who's spent nearly 20 years working with Asian clients on a variety of employment, intellectual property and commercial disputes, the firm announced.

  • September 02, 2021

    Lab Maker Says Ex-Exec Stole 10,000 Docs For New Employer

    Sterile laboratory maker AES Clean Technology Inc. has sued a former operations manager for allegedly stealing more than 10,000 confidential documents for his new employer, a direct rival that it has separately litigated against.

  • September 02, 2021

    ASCAP Agrees To Hand Artist's Royalties To IRS

    The American Society of Composers, Authors and Publishers agreed to pay royalties earned by a Grammy-nominated artist to the Internal Revenue Service in response to levies for his unpaid taxes, the U.S. government told a New York federal court Thursday.

  • September 02, 2021

    Tool Co. Wants Travelers To Cover $40M Transfer Fraud Suit

    Energy sector toolmaker DD Energetics told a Texas federal court that Travelers Casualty and Surety Co. of America owes it coverage for an underlying suit, which alleges that one of its directors fraudulently transferred over $40 million to dodge a court judgment.

  • September 02, 2021

    Locast Suspends Service After Copyright Loss To Networks

    The streaming service Locast said Thursday that it was suspending operations immediately, two days after a federal judge sided with the broadcast networks and ruled that the service was not covered by an obscure copyright exception.

  • September 01, 2021

    Chilisin Hit With Nearly $1.9M Patent Infringement Verdict

    A California federal jury slapped Taiwanese manufacturer Chilisin Electronics Corp. with a nearly $1.9 million verdict Wednesday after finding the company willfully infringed rival manufacturer Cyntec Co. Ltd.'s patents covering electrical circuit technology.

  • September 01, 2021

    After Copyright Win, Networks Ask Judge To Shutter Locast

    A day after a federal judge ruled that a free streaming service called Locast was not covered by an obscure copyright exception, the major broadcast networks are seeking an injunction that would shut down the service.

  • September 01, 2021

    Fed. Circ. Says TTAB Judges Are Constitutionally Appointed

    The U.S. Supreme Court's Arthrex ruling does not apply to the Trademark Trial and Appeal Board because the "end result" of Arthrex resulted in a similar structure as the one already in place for the trademark tribunal, the Federal Circuit ruled in a precedential opinion Wednesday.

  • September 01, 2021

    Judge Flags Apple Stock Conflict 11 Years After Nokia IP Case

    A Wisconsin federal judge recently learned he owned stock in Apple while presiding over a 2010 intellectual property spat between Nokia and Apple, but assured the parties that this ownership didn't affect his decisions in the case, according to a letter filed Monday.

  • September 01, 2021

    Fed. Circ. Judge Casts Doubt On $1.1B Verdict Against Apple

    A Federal Circuit judge on Wednesday took issue with a California federal jury's conclusion that Apple and Broadcom infringed three California Institute of Technology data transmission patents to the tune of $1.1 billion, saying the university's infringement theory seemed "questionable."

  • September 01, 2021

    Vape Co. Owner Gets Infringement Verdict Nixed At Fed. Circ.

    The owner of a Los Angeles vape company won a ruling from a split Federal Circuit panel on Wednesday that found a rival didn't give him enough notice that his e-cigarettes allegedly infringed a vape patent and wiped out a jury's nearly $864,000 verdict against him.

  • September 01, 2021

    Indivior's Suboxone Patent Fight Faces Wary Fed. Circ.

    Indivior UK Ltd.'s bid to revive a patent fight with India-based generic-drug maker Dr. Reddy's Laboratories over its opioid addiction treatment Suboxone appeared to be on shaky ground after two Federal Circuit judges on Wednesday seemed to agree with the Patent Trial and Appeal Board that Invidior's patent needs to disclose more than it did.

  • September 01, 2021

    Jessica Simpson Steps Up To Buy Back Brand In Ch. 11

    Singer Jessica Simpson has offered to buy out Sequential Brands' interest in her clothing line for $65 million, the company told a Delaware bankruptcy judge Wednesday as it opened its Chapter 11 case.

  • September 01, 2021

    Fed. Circ. Urged To Uphold Ruling On Software Copyright

    The Computer & Communications Industry Association has urged the Federal Circuit to reject SAS Institute Inc.'s appeal over an Eastern District of Texas ruling that deemed the input and output formats of its statistical analytics software uncopyrightable.

  • September 01, 2021

    IP Agencies Respond To Concerns Of Infringement By States

    The U.S. Copyright Office released a study Tuesday urging Congress to crack down on state governments that engage in infringement, while the U.S. Patent and Trademark Office issued a report the same day saying that for any legislation to survive court scrutiny, there would need to be a record showing "widespread and persistent infringement by states."

  • September 01, 2021

    Belcher's Withheld Prior Art Again Dooms Drug Patent Suit

    The Federal Circuit on Wednesday upheld a decision out of Delaware that a Belcher Pharmaceuticals epinephrine patent can't be enforced because prior art that undercut its novelty was intentionally left out during the patent prosecution process.

  • September 01, 2021

    O'Melveny Hires Away Baker Botts Trial Partner In Dallas

    O'Melveny & Myers LLP announced Wednesday it has hired longtime Baker Botts LLP litigation partner Timothy S. Durst to the firm's general litigation and intellectual property and technology groups to help establish and grow its new Dallas office.

Expert Analysis

  • How Standard-Setting Orgs Can Curb Patent Litigation

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    Standard-setting organizations should solve the burgeoning standard-essential patent litigation pandemic by emulating a successful solution from 2012 and introducing greater clarity into fair, reasonable and nondiscriminatory policies, say Michael Carrier at Rutgers Law School and Brian Scarpelli at ACT.

  • Opinion

    Transparency More Crucial Than New FRAND Royalty Methods

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    Although two recently proposed alternative valuation frameworks for fair, reasonable and nondiscriminatory royalties for standard-essential patents could be more useful than conventional approaches, reformers would do better, for now, to concentrate their efforts at improving licensing transparency, says Thomas Cotter at the University of Minnesota Law School.

  • E-Filing Mistakes Could Jeopardize Third-Party Trade Secrets

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    As last month’s Epic v. Apple trial showed, errors made when e-filing discovery documents can expose the confidential information of third parties, but case law is not firmly established on whether these inadvertent disclosures may damage trade secret protections — a legal issue especially relevant in the video game industry, say Carolyn Martin and Robert Piper at Lutzker & Lutzker.

  • High Court Could Deter 'Copyright Trolls' In H&M Case

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    If the U.S. Supreme Court upholds the Ninth Circuit's copyright infringement decision in Unicolors v. H&M, then knowingly providing incorrect information in a copyright application — without intent to defraud — will invalidate the registration, which could disincentivize frivolous lawsuits, say Lauren Katzenellenbogen and Adam Aquino at Knobbe Martens.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • How Legal Profession Can Help LGBTQ Patent Attys Thrive

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    Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

  • What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

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    The U.S. Tax Court's recent ruling that Mylan Inc. could deduct as regular business expenses the legal fees it incurred defending itself against patent infringement suits from brand-name drug manufacturers has the potential to increase patent litigation and may make settlement less appealing, say attorneys at Snell & Wilmer.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • What Semiconductor Shortage Means For Patent Drafting

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    Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Unpacking The Latest Trends In Biologics-Related IPRs

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    Analysis of the roughly 120 biologics-related inter partes review and nine post-grant review petitions filed over the last four years suggests that these considerably successful petitions will continue to be attractive, effective weapons for both innovators and biosimilar applicants, say current and former Steptoe & Johnson attorneys.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

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