Fed. Circ. Nixes Challenges To 'Settled Expectations' Rule

By Ryan Davis

The Federal Circuit on Tuesday rejected challenges by both Cambridge Industries USA Inc. and Sandisk Technologies Inc. to the U.S. Patent and Trademark Office's policy that patent reviews can be denied based on the owner's "settled expectations" due to the patent's age.

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Fed. Circ. OKs PTAB's Axing Of Some IBM Patent Claims

By Theresa Schliep

The Federal Circuit on Tuesday affirmed a Patent Trial and Appeal Board decision that invalidated some claims while preserving others in an IBM patent covering a single sign-on technology, rejecting the company's arguments that the board relied on arguments not made by the patent challenger.

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TTAB Rejection Of 'Kahwa' TM Reversed By Fed. Circ.

By Adam Lidgett

The Federal Circuit on Tuesday reversed the U.S. Patent and Trademark Office's rejection of a trademark registration for cafes called "Kahwa," saying just because it refers to a Central Asian green tea drink doesn't mean it's too generic to register as a trademark.

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Comcast Can't Get Fed. Circ. To Move Patent Case To Pa.

By Adam Lidgett

The Federal Circuit on Tuesday shot down Comcast's bid to overturn an Eastern District of Texas judge's decision declining to transfer an infringement suit the telecom behemoth is facing in his court to the Eastern District of Pennsylvania.

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Ed Sheeran Can Challenge Copyright On 'Let's Get It On'

By Elliot Weld

A Manhattan federal judge said Tuesday that she would allow Ed Sheeran to challenge the validity of a 2020 copyright on elements of the Marvin Gaye track "Let's Get It On" before the copyright holder is permitted to amend its suit alleging Sheeran's hit song "Thinking Out Loud" infringes it.

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Kiss' Gene Simmons Sings Praises Of Radio Pay Bill

By Theresa Schliep

U.S. lawmakers are revisiting an effort to get FM and AM radio broadcasters to pay artists when playing their music, with key members of a Senate subcommittee speaking at a hearing Tuesday in favor of a measure that also garnered enthusiastic support from Kiss singer Gene Simmons.

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Generic-Drug Group Backs House Bill On Skinny Labels

By Elliot Weld

An industry group representing the generic and biosimilar drug manufacturing sector has applauded the introduction of a U.S. House of Representatives bill titled The Skinny Labels, Big Savings Act, saying it will reduce prices across healthcare.

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USPTO Assignor Estoppel Denials Flout Law, Fed. Circ. Told

By Ryan Davis

Cloud database company Tessell Inc. has told the Federal Circuit that the U.S. Patent and Trademark Office is violating the court's clear precedent by refusing to review patents when the challengers include the named inventors.

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German Software Co. Settles Suit Over Ex-HP-Owned Patents

By Adam Lidgett

German software company SAP SE has inked a deal to end a lawsuit in Texas federal court accusing it of infringing various patents owned by Valtrus Innovations Ltd. covering computer data and communication.

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CoStar Urges Justices To Review Revived Antitrust Claims

By Matthew Perlman

CoStar is asking the U.S. Supreme Court to review a Ninth Circuit ruling reviving antitrust counterclaims from a rival commercial real estate platform, saying the appeals court accepted a novel theory of what constitutes exclusive dealing.

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NFL's Lions Want Suit Over Goff Photos Out Of California

By Alex Lawson

The Detroit Lions are looking to snuff out a photographer's copyright case in California federal court over the team's use of photos he took of quarterback Jared Goff, raising doubts about the dispute's ties to the Golden State.

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Marsh Rival Wants Out Of Employee Poaching Scheme Suit

By Elliot Weld

An insurance company accused by Marsh & McLennan Agency of poaching an employee has asked a Manhattan federal judge to dismiss Marsh's suit, saying the court had no jurisdiction because the claims had not been sufficiently tied to New York.

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Sens. Propose NIL Accounts To Help Students Grow Earnings

By Tom Lotshaw

Two U.S. senators introduced legislation Monday to allow the growing number of college student-athletes inking name, image and likeness deals with companies to create tax-advantaged investment accounts to save some of their earnings.

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Google Faces EU Antitrust Probe Over AI Content Practices

By Christopher Crosby

Europe's competition watchdog opened a formal investigation into Google on Tuesday into whether the technology giant's practices in training its artificial intelligence models breached antitrust rules.

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Cooley Adds 30-Person Life Sciences IP Team From Dechert

By Christine DeRosa

A trio of Dechert LLP partners, including the co-chair of its global intellectual property practice, have joined Cooley LLP alongside a team of special counsel, associates and patent agents, the firm announced Tuesday.

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Adapting To A Plaintiff-Side Mindset For Patent Monetization

A recent decrease in risk for patent owners at the U.S. Patent and Trademark Office, combined with increased corporate interest in monetizing patent assets, creates an attractive case for evaluating patents from a plaintiff-side mindset, but in-house counsel transitioning from a defense-side mindset to a plaintiff-side mindset should study certain considerations, says Kate Tellez at Steptoe.

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AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

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Bonus Spotlight

MoFo, Kellogg Hansen Exceed Prevailing BigLaw Bonus Scale

By Anna Sanders

Morrison Foerster LLP and boutique law firm Kellogg Hansen Todd Figel & Frederick PLLC both recently unveiled above-market bonuses, according to a MoFo in-house memo and a media report. 

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Analysis

Hagens Berman's Novel DOJ Referral May Have Chilling Effect

By Emma Cueto

A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

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Trustee Says Winston & Strawn Is Liable For $1.7B Fintech Bust

By Lynn LaRowe

The trustee of the bankrupt self-styled "anti-woke" financial technology startup GloriFi said Winston & Strawn LLP shouldn't be allowed to escape a malpractice lawsuit over the company's $1.7 billion failure, saying the firm was a knowing participant in the allegedly unlawful activities of its then-CEO.

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Consulting Co. Says Law Firms' Malpractice Cost It $10M

By Rachel Konieczny

A Colorado consulting company told a state court that an Am Law 200 firm and a now-dissolved law firm committed legal malpractice that cost the company $10 million in a lending transaction. 

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Uber May Win Sanctions On Atty Who Disclosed MDL Docs

By Bonnie Eslinger and Mike Curley

A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

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Brief

Democrats Push For $1.76B To Fix Defender Budget Shortfall

By Courtney Bublé

Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

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DOJ Says It Could Indict Comey Again

By Jared Foretek

The U.S. Department of Justice on Tuesday said it may once again seek charges against ex-FBI Director James Comey, asking a D.C. federal judge to dissolve a temporary restraining order that bars prosecutors from using evidence seized from Comey's former attorney.

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Analysis

FERC's Fate Uncertain As Humphrey's Executor Teeters

By Keith Goldberg

The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.

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Senate Confirms 3 Judges For La., Miss.

By Courtney Bublé

The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

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