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Intellectual Property
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February 05, 2025
Isaac Hayes' Estate Fights Trump Campaign's Bid To Ax IP Suit
Isaac Hayes' estate told a Georgia federal judge Wednesday that President Donald Trump and his election campaign have wrongly claimed the legendary musician's heirs don't have rights to the song "Hold On, I'm Comin'" in an effort to escape the heirs' lawsuit alleging unauthorized use of the 1966 Hayes-penned hit.
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February 05, 2025
Tillis Takes Over Senate IP Subcommittee Again
Sen. Thom Tillis, R-N.C., will again lead the U.S. Senate subcommittee overseeing intellectual property, while Sen. Adam Schiff of California will be debuting as the subcommittee's top Democrat.
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February 05, 2025
The Wonderful Co. Hits Rival With TM Suit Over Wonderspread
The Wonderful Co. sued a competitor for trademark infringement in California federal court Wednesday, accusing it of mimicking its "Wonderful" marks and trying to sow consumer confusion by selling nut-based products in packaging that features similar names, "Wonderspread" and "Wondersquare."
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February 05, 2025
Justices Asked If Fact Dispute Bars Patent Eligibility Rulings
The Federal Circuit has made a habit of taking fact disputes into its own hands in patent cases instead of leaving those questions to a jury, and a company that recently lost its patent suit against Amazon is hoping the U.S. Supreme Court will take up its case.
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February 05, 2025
PTAB Judges Ordered Back To The Office, Sparking Outcry
The U.S. Patent and Trademark Office's roughly 230 administrative law judges dedicated to patent disputes and appeals must start working from an office, according to a directive implementing President Donald Trump's return-to-office order that former board judges said Wednesday threatens to destabilize a largely remote workforce and risks mass resignations and retirements.
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February 05, 2025
What Patent Attys Should Know About Trump's Commerce Pick
The CEO of financial services firm Cantor Fitzgerald, who has been tapped to lead the Commerce Department, is an inventor on hundreds of patents and has identified the patent application backlog as a key concern. Here's what to know about Commerce secretary nominee Howard Lutnick.
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February 05, 2025
Realty Co. Petitions High Court Over Copyright Fee Dispute
A Florida real estate broker that was sued for copyright infringement has asked the U.S. Supreme Court to review whether a defendant can recover attorney fees when a plaintiff voluntarily dismisses an action with prejudice.
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February 05, 2025
Dickinson Wright Continues IP Growth With Chicago Hire
Dickinson Wright PLLC said Wednesday that it had hired a named member of the small Illinois intellectual property firm formerly known as Bishop Diehl & Lee Ltd., marking the latest of the firm's many recent investments into the practice.
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February 05, 2025
Tesla, Musk, Warner Bros. Ask To Toss 'Blade Runner' AI Suit
Tesla, its CEO Elon Musk and Warner Bros. Discovery asked a California federal judge Tuesday to throw out Alcon Entertainment's lawsuit alleging the electric vehicle company used an image created by artificial intelligence that infringes "Blade Runner 2049" to promote an autonomous taxicab, saying a "familiar post-apocalyptic scene" is not protectable.
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February 05, 2025
Fake Biggie Photo, Merch At Center Of New Ill. Suit
The estate of the Notorious B.I.G. hit Target, Home Depot, Nordstrom and others with a lawsuit Tuesday in Illinois federal court, claiming they infringed the late rapper's trademarks by selling art bearing his image and likeness, including canvas prints of an iconic portrait captured three days before his 1997 murder.
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February 05, 2025
Injectable Drug Device Maker West Pharma Secures Ban At ITC
The U.S. International Trade Commission has issued an order banning three companies from importing devices used to move injectable drugs into an IV bag that infringe a West Pharmaceutical patent.
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February 05, 2025
Israeli Co. Accused Of Infringing Soap Dispenser Patent
Bobrick Washroom Equipment Inc. accused Israeli company Y. Stern Engineering (1989) Ltd. of infringing its patent for fluid dispenser technology through the sale of its Lotus Soap Dispenser series in a California federal court Tuesday.
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February 05, 2025
NC Technology Co., Purdue University Settle Patent Fight
North Carolina technology company Wolfspeed and Purdue University have settled a patent fight over a metal-oxide-semiconductor field-effect transistor, or MOSFET, according to a text-only order entered on the docket Tuesday.
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February 05, 2025
Modelo, Constellation Urge Judge To Block 'Counterfeit' Beer
Modelo and Constellation Brands have asked a Texas federal court to stop a beer distribution company from importing and selling "counterfeit" beers that have labels similar to those of Modelo, Corona and other beverages.
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February 05, 2025
Utah Judge Rules For Arkansas State In 'Red Wolves' TM Case
A Utah federal judge has dismissed a trademark complaint from a Park City soccer organization seeking declaratory relief against Arkansas State University over its "Red Wolves" mark, saying the court lacked jurisdiction over the matter.
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February 05, 2025
Food Slicer Patent Case Ends In Mistrial After 6 Days
A Missouri federal judge has declared a mistrial on day six of a trial between two companies that accused each other of infringing food slicing patents.
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February 05, 2025
NC Software Co. Says DQ Of Rival's Atty Shouldn't Stall Trial
An attorney being kicked off a bitter copyright case over source code shouldn't delay the fast-approaching trial, a U.S. software company told a North Carolina federal judge, arguing that its Dutch rival is trying to use the loss of its preferred counsel as a stalling tactic.
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February 05, 2025
Lawmakers Vote To Advance Commerce Nominee Lutnick
Senate lawmakers on Wednesday morning voted to advance Wall Street financier Howard Lutnick's nomination as secretary of commerce, moving the Cantor Fitzgerald CEO one step closer to helming the department that oversees international trade, the U.S. Patent and Trademark Office and other agencies.
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February 11, 2025
Inside Fitch Even's Play To Reclaim Patent Litigation Work
Amid a patent litigation landscape dominated by BigLaw, Chicago-based intellectual property boutique Fitch Even Tabin & Flannery LLP has teamed up with litigation firm MoloLamken LLP to reclaim the litigation work that bigger players have siphoned away.
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February 04, 2025
OpenSky Defends Patent Challenge After Verdict Against Intel
A company found using the patent review process to try to extort money from VLSI Technology LLC and Intel Corp. after a $2.18 billion jury verdict against the chipmaking giant is arguing it shouldn't have to pay legal fees, saying its efforts to revive a meritorious patent challenge is simply part of a "potentially profitable business model."
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February 04, 2025
Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed
A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments.
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February 04, 2025
Fed. Circ. Grapples With Extensions On Reissued Patents
The Federal Circuit is set to decide when a reissued patent actually expires after fielding arguments Tuesday morning from Merck and the generic-drug makers who are trying to break the pharmaceutical giant's hold on a blockbuster drug that counteracts the effects of anesthesia.
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February 04, 2025
Liberated Brands Gets OK To Tap $25M In Ch. 11 Financing
A Delaware bankruptcy judge on Tuesday agreed to give interim approval for outdoors and athletic clothing retailer Liberated Brands LLC to access $25 million of its $35 million debtor-in-possession financing.
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February 04, 2025
Lawmakers Hit Replay On Bill For Singers' Radio Royalties
Lawmakers in Congress have reintroduced legislation that would require radio broadcasters to pay artists when playing their music, a measure that would address what the recording industry has called a legal loophole in which songwriters and publishers get paid — but not performers and labels — when radio stations play their music.
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February 04, 2025
Don't Let Trump's Changes Touch Patent Office, IP Attys Urge
U.S. President Donald Trump's executive order shake-ups have drawn the ire of intellectual property lawyers, who are complaining about how the prospect of mass resignations of federal workers, a hiring freeze and the end of telework policies will impact their work in front of the U.S. Patent and Trademark Office.
Expert Analysis
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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USPTO Guidance Suggests 2 Strategies For AI Inventions
Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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A Look At The Economic Impact Of Drug Patent Differentiation
Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Defamation Law Changes May Be Brewing At Supreme Court
The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.