Amazon Seeks To Ax $525M Verdict Over Data Storage Patents

By Lauren Berg

Amazon asked an Illinois federal judge Wednesday to throw out a jury's verdict that the e-commerce giant owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, saying the Chicago software company didn't actually prove infringement.

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Black & Decker's Stud Finder Patent Win Gets Fed. Circ. OK

By Ryan Davis

The Federal Circuit on Wednesday upheld a decision clearing Stanley Black & Decker Inc. in a stud finder patent suit by rival Zircon Corp., backing the U.S. International Trade Commission's finding that Zircon didn't show it has a domestic industry of products protected by the patents.

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Split 6th Circ. Says Digital Media TM Case Has To Stay In Tenn.

By Andrew Karpan

The Sixth Circuit on Wednesday held that a trademark fight between two companies that digitally preserve home movies, photos and other media will have to play out in a Tennessee federal court, after the panel split over how many customers are enough to extend jurisdiction in the trademark dispute.

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Sorority Fails To Get Fed. Circ. To Revive TM Case

By Andrew Karpan

A one-line Federal Circuit ruling Wednesday upheld a decision shooting down a popular sorority's efforts to obtain a trademark registration covering the acronym "ZTA" for use in the consumer goods market. 

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IP Owners Call For PTAB Amendment Plan To Be Permanent

By Adam Lidgett

The U.S. Patent and Trademark Office has received a series of comments on its plans to formalize a Patent Trial and Appeal Board pilot program to assist patent owners in amending challenged claims, including from groups such as the Intellectual Property Owners Association and the Council for Innovation Promotion.

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Blue Bottle Coffee Loses Suit Over 'Blue Brew' TM

By Adam Lidgett

A California federal judge has handed a loss to Blue Bottle Coffee LLC in its trademark infringement case against a company selling coffee gear and accessories using the phrase "Blue Brew," saying there wasn't any evidence that customers would be confused.

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AI Art Cos. Fight Uphill To Toss Artists' Copyright Suit

By Craig Clough

Attorneys for four companies that make or distribute software that creates images with text prompts urged a California federal judge Wednesday to rethink his tentative opinion to allow some claims by a proposed class of artists to move forward, with one warning it could lead to hundreds of thousands of similar suits.

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Arendi Seeks Revival Of Google, Oath IP Rows At Fed. Circ.

By Adam Lidgett

Arendi SARL has urged the Federal Circuit to revive its two data system patent lawsuits alleging infringement by Google and Oath Holdings, arguing in part that the lower court erred when it failed to find the patents eligible.

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Teva Must Face Bulk Of Asthma Inhaler Antitrust Suit

By Bryan Koenig

A Massachusetts federal judge largely refused Tuesday to toss antitrust claims accusing Teva of a decadelong anticompetitive scheme to delay generic competition for its blockbuster QVAR asthma inhalers, finding it plausible that Teva paid off a would-be rival and forcibly switched doctors and patients to a new product.

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Gambling Cos. Can't Knock Out 4 Location Software Patents

By Andrew Karpan

DraftKings and several other gambling companies have failed to persuade the Patent Trial and Appeal Board to invalidate a quartet of patents covering location software that were issued to a patent lawyer who has sued at least 10 major betting brands.

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Levi Strauss Settles TM Suit Over Rival's Tab Label Design

By Henrik Nilsson

Jeans maker Levi Strauss & Co. has settled its suit in California federal court alleging Italian clothing company Brunello Cucinelli infringed on Levi's tab trademark in an effort to sow customer confusion and reap profits.

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Dr. Martens Accuses Temu Of Google Search TM Use

By Tabitha Burbidge

Dr. Martens has accused Chinese ultra-fast fashion giant Temu of paying Google to show its knockoffs of the British shoemaker's famous black boots in the search results of online shoppers.

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Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told

By Jeff Montgomery

An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.

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DLA Piper, Cooley Lead Software Firm Silvaco's $114M IPO

By Tom Zanki

Electronic design automation software company Silvaco Group Inc. on Wednesday priced an $114 million initial public offering at the top of its range, represented by DLA Piper and underwriters' counsel Cooley LLP.

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Series

Swimming Makes Me A Better Lawyer

Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

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Rebuttal

Double-Patenting Ruling Shows Terminal Disclaimers' Value

While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.

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How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling

In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.

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Analysis

In Story Of Sex And Lies, Can Cohen Write Final Chapter?

By Phillip Bantz

The Manhattan District Attorney's Office has told a story of scandal and scheming to the jury in Donald Trump's criminal hush money trial, setting the stage for the prosecution's star witness to take the stand and wrap up the narrative.

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Ex-McElroy Deutsch CFO Cops To $1.5M Theft From Firm

By George Woolston

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer admitted Wednesday to embezzling more than $1.5 million from the firm and failing to pay income tax, New Jersey Attorney General Matthew J. Platkin announced.

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Lewis Brisbois Atty Fatally Shot In McDonald's Altercation

By Ryan Boysen

A Lewis Brisbois Bisgaard & Smith LLP attorney was fatally shot at a McDonald's in Houston after reportedly stepping in as a good Samaritan and attempting to calm down an irate customer who'd been arguing with staff at the fast food restaurant.

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Titan Of The Plaintiffs Bar: Lieff Cabraser's Kelly Dermody

By Irene Spezzamonte

A semester off from Harvard University in the late 1980s meant for reflection instead turned into a pivotal moment in Kelly Dermody's life, settling the roots for her successful career during which she has become a lighthouse for employment and discrimination cases.

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ABA Will Study Rape Questions' Necessity For Bar Applicants

By Cara Bayles

An American Bar Association commission will issue a report and recommendations by August on the practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

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ABA Directs Attys To Avoid Sharing Client Info On Listservs

By Emily Sawicki

It is in the best interest of clients for their legal counsel to avoid sharing information related to representation while seeking advice in an online listserv forum, if the comments or questions could be connected to a client's identity, according to American Bar Association guidance published Wednesday.

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Ga. Appeals Court Will Review Trump DQ Bid In Election Case

By Kelcey Caulder

The Georgia Court of Appeals on Wednesday agreed to review a judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the election interference case she brought against former President Donald Trump.

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Fani Willis Is Outraising Primary Challenger More Than 5 To 1

By Chart Riggall

Less than two weeks from the first hurdle in her bid for reelection, Fulton County District Attorney Fani T. Willis is boasting a​​ campaign war chest more than five times heftier than her Democratic challenger's, according to campaign finance disclosures filed this week.

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Biden Picks US Magistrate Judge In Fla. For 11th Circ.

By Courtney Bublé

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

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Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

By Rachel Scharf

A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

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NJ Justices Approve Measures For Helping Atty Well-Being

By Emily Johnson

The New Jersey Supreme Court has accepted several recommendations from its committee focused on attorney well-being, paving the way for the committee to examine how attorneys can briefly postpone court dates or possibly receive an extension to meet deadlines so they can handle pressing wellness needs.

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Legal Access Program Being Set Up For Separated Families

By Alyssa Aquino

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.

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Colo. Judges Urge Attys To Take On More Pro Se Cases

By Thy Vo

A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.

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