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Intellectual Property
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September 04, 2024
2nd Circ. Says Free E-Book Library Not Fair Use
The Second Circuit on Wednesday rejected a nonprofit digital library's fair use defense of its practice of distributing copyrighted e-books for free, ruling in favor of a group of book publishers in a closely watched case.
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September 04, 2024
Buchalter IP Ace Jumps To Snell & Wilmer In LA
Snell & Wilmer LLP is growing its California team, announcing Tuesday it is adding a Buchalter PC intellectual property expert as a partner in its Los Angeles office.
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September 04, 2024
McCarter & English Rips Challenge To Malpractice Win In NJ
McCarter & English LLP panned a pharmaceutical company's attempt to undo the firm's victory in a malpractice case last month, telling a New Jersey state court that issues the company raised in its motion to reconsider had "no impact" on the decision granting the firm a win.
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September 04, 2024
AI Musician Duped Streaming Giants To Steal $10M, Feds Say
A North Carolina man streamed thousands of artificial intelligence-generated songs to dupe streaming giants like Spotify and YouTube and generate $10 million in an elaborate scam, federal prosecutors in Manhattan charged Wednesday in a first-of-its-kind case.
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September 03, 2024
3rd Trial In T.I.'s IP Fight With MGA Kicks Off In Calif.
An attorney for hip-hop moguls T.I. and Tiny Harris on Tuesday told a California federal jury during opening statements in a retrial of his clients' intellectual property dispute with MGA Entertainment that the company's line of O.M.G. dolls stole their look and name from the OMG Girlz group.
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September 03, 2024
WDTX Judge Agrees To Ship Apple E-Wallet Patent Case To Calif.
An Austin federal judge sent a patent case against Apple to California, finding "especially weighty" the tech giant's assertion that no employees relevant to the e-wallet infringement case brought by a Canadian company are located in the Western District of Texas and most are in the Golden State.
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September 03, 2024
Fed. Circ. Mulls PTAB Ruling's Effect On Liquidia Drug Launch
A Federal Circuit panel on Tuesday grappled with whether a Delaware judge was correct to hold that Liquidia Technologies could launch a hypertension drug after a United Therapeutics patent the company was found to infringe was held unpatentable by the Patent Trial and Appeal Board.
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September 03, 2024
ITC Clears Amazon In Video Processing Patent Case
The U.S. International Trade Commission has voted to reject infringement claims against Amazon over patents in the field of video processing, affirming a judge's initial finding with some modest adjustments.
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September 03, 2024
Paul Newman's Daughters Must Lose IP Suit, Charity Says
Two daughters of late Hollywood actor and philanthropist Paul Newman lack standing to pursue a Connecticut state court lawsuit that accuses their father's charity of failing to provide certain funds for donations and misusing his publicity and intellectual property rights, the organization said in seeking summary judgment.
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September 03, 2024
R.J. Reynolds Stresses Reason To End $95M Royalties To Altria
Tobacco giant R.J. Reynolds is pushing hard on a bid to end $95 million in royalty payments it owes to the parent company of Philip Morris after a patent infringement verdict, emphasizing to a North Carolina federal court that its deal with Juul to license vape pen technology can in fact be enforced retroactively.
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September 03, 2024
Tribe Of Two Loses Fed. Circ. Appeal Over Rival's 'TT' Mark
The Federal Circuit on Tuesday rejected an appeal from a small handbag designer that claimed a potential rival wanted to register a trademark that used the letters "TT" in a similar way.
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September 03, 2024
Nike Wins Pause Of Bra Patent Row As It Seeks PTAB Review
Nike has been granted a pause of a case alleging its pocket-adorned sports bras violate a small Florida-based apparel company's patents while the athletic wear giant argues to the Patent Trial and Appeal Board that such bras are "far from new."
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September 03, 2024
Colo. Panel Doubts Jury Instruction Can Upend $1.8M Award
Colorado appellate judges appeared skeptical Tuesday that a state trial court was responsible for what an investor described as poor jury instructions that resulted in a nearly $1.85 million civil theft judgment, which he insisted was far too high, with one judge asking why the investor didn't sue his trial counsel over the supposed error.
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September 03, 2024
Amazon Prevails In Targeted Programming IP Fight At Fed. Circ.
A patent licensing outfit trying to assert patents related to developing "video-on-demand" programming for cable companies was told Tuesday by the Federal Circuit that they cover abstract ideas.
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September 03, 2024
HQ Specialty Looks To Fix Patent Flaws After Delaware Trial
HQ Specialty Pharma Corp. said Tuesday that it will correct flaws in its patent for an injectable calcium supplement that led a federal jury in Delaware to find it partially invalid last week and then will seek a court order to stop generic-drug maker Fresenius Kabi USA LLC from selling its allegedly infringing product.
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September 03, 2024
Teva Patents Don't Belong In Orange Book, Fed. Circ. Told
Amneal Pharmaceuticals Inc. is urging the Federal Circuit to preserve a lower court decision ejecting inhaler device patents from an important government database, arguing that the delisting, won in an infringement lawsuit from Teva Pharmaceuticals USA Inc., properly separated out device patents from drug patents.
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September 03, 2024
Aesthetic Laser Co. Tells Jury Of Rival's 'Corporate Raid'
Medical aesthetic business Cynosure told a Boston federal jury Tuesday that two former employees and an industry rival launched a "calculated corporate raid" by poaching dozens of sales and marketing personnel, violating a host of noncompete and non-solicitation agreements while the departing workers pocketed trade secrets on their way out the door.
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September 03, 2024
Judge Skeptical Navy Owes Millions For IP Infringement
A Federal Circuit judge appeared skeptical Tuesday about a software firm's demand for $85.9 million in damages for the Navy's unauthorized copies of its software, suggesting the company hadn't proven its eligibility for more than the $154,400 it was previously awarded.
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September 03, 2024
NC Suit Over Blackbeard Ship Survives Another Attack
North Carolina's cultural resources agency isn't responsible for enforcing the terms for third-party usage of an image and video of Blackbeard's shipwreck, the state's Business Court ruled Friday in paring damages claims by the organization that discovered the pirate's wreckage.
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September 03, 2024
Simplot Wins Fry Design Patent Trial, Gets $0 In Damages
After a seven-day trial in Idaho federal court, a jury found that McCain Foods USA Inc. willfully infringed its frozen french fry rival J.R. Simplot Co.'s design patent and that McCain Foods' own fry design patent was invalid, but also found that J.R. Simplot should not collect any damages from the infringement.
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September 03, 2024
3rd Circ.: Biotech Must Pay Royalties Despite Expired Patents
A cancer drug biotechnology company must pay royalties to a research firm despite the expiration of the applicable patents, a Third Circuit panel ruled in a precedential decision Tuesday, concluding that the biotech's royalty obligation is calculated differently than the one in a U.S. Supreme Court case it cited.
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September 03, 2024
VLSI Asks Fed. Circ. To Nix Intel's Extraterritoriality Patent Win
Licensing company VLSI has urged the Federal Circuit to overturn a ruling granting Intel Corp. a win in VLSI's $900 million patent fight, arguing that the trial judge wrongly concluded on summary judgment that VLSI hasn't shown that Intel's alleged chip patent infringement occurred in the U.S., among other alleged errors.
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September 03, 2024
Gov't Backs 9th Circ. Bid To Revive Invisalign Monopoly Case
The U.S. Department of Justice has told the Ninth Circuit that a lower court applied the wrong standard when tossing a pair of class actions accusing the maker of Invisalign of monopolizing markets for clear dental aligners and teeth scanners.
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September 03, 2024
Shkreli Hands Over 15 Copies Of Wu-Tang Clan Album
Martin Shkreli turned over 15 copies of the one-of-a-kind Wu-Tang Clan album he once owned after a New York federal judge ordered him to surrender any copies to his attorneys amid an ongoing lawsuit.
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September 03, 2024
USPTO Launches PTAB Clinic With Ex-Judges
The U.S. Patent and Trademark Office on Tuesday rolled out a new free initiative in which former judges from the Patent Trial and Appeal Board will answer questions and offer guidance on proceedings before the board in one-on-one meetings with members of the public.
Expert Analysis
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Navigating The Murky Waters Of Patent Infringement Damages
Recent cases show that there is no easy way to isolate an infringed patent’s value, and it would serve all sides well for courts to thoroughly examine expert opinions of this nature and provide consistent guidance for future cases, say Manny Caixeiro and Elizabeth Manno at Venable.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.
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Opinion
Unclear Intellectual Property Laws Are Stifling US Innovation
U.S. intellectual property law’s lack of predictability means far less job-creating investments for companies that need patent protection to compete, and Congress must step in with legislation like the Patent Eligibility Restoration Act to help address the problem, says Michael Gulliford at Soryn IP Capital Management.
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The Fed. Circ. In June: More Liability For Generic-Drug Makers
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open
The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.
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Opinion
Expert Witness Standards Must Consider Peer Review Crisis
For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.
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USPTO Must Anticipate 'Black-Box Problem' For AI Inventions
The U.S. Patent and Trademark Office's recent guidance allows patents for inventions created with artificial intelligence, but inventors need to address the so-called black-box problem to ensure others can recreate the invention, thus meeting the enablement requirement, say Mark Basanta and Georg Reitboeck at Haug Partners.
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Irish Businesses Should Act Now To Prepare For EU AI Act
Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Considerations For Federal Right Of Publicity As AI Advances
Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.
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What Patent Litigators Should Know About CHIPS Act Grants
With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.
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Patent Lessons From 5 Federal Circuit Reversals In June
A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.