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Intellectual Property
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July 15, 2024
Quinn Emanuel Barred From Repping X In Scraping Case
Quinn Emanuel Urquhart & Sullivan LLP can no longer represent social media giant X Corp. in the company's lawsuit against Bright Data Ltd., with a California federal judge finding the law firm violated its duty of loyalty to Bright Data after previously representing it in a "substantially related" case.
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July 15, 2024
Rising Star: Irell's Stephen Payne
Stephen Payne of Irell & Manella LLP has advised clients on disputes worth hundreds of millions, including as part of the team that secured what his firm calls the third-largest patent verdict in the U.S. on behalf of chipmaker Netlist Inc., earning him a spot among the fund formation law practitioners under age 40 honored by Law360 as Rising Stars.
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July 15, 2024
Dow Chemical Seeks Recusal After Settlement Offer Gaffe
The Dow Chemical Co. asked an Ohio federal judge to recuse himself from a trade secrets suit brought by a Cleveland technology firm accusing it of misappropriating confidential information to recreate the firm's copyrighted software after the tech company showed the court a settlement offer without Dow Chemical's approval.
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July 12, 2024
Rising Star: Gibson Dunn's Jaysen Chung
Gibson Dunn & Crutcher LLP's Jaysen Chung has represented numerous big name clients — such as Pfizer, Dell and Apple — in successful patent litigation throughout his career, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Winery Gets $666K Fees After Winning $666K Trademark Row
An Italian winemaker won $666,214 in fees and postjudgment interest for prevailing against a Napa Valley, California, rival in a trademark dispute over similarly named wines, after a New York federal judge said the case was "exceptional," considering the defendants' continued use of the infringing name even after being sued and agreeing to stop.
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July 12, 2024
10th Circ. Tosses Prof's Conviction In 'China Initiative' Case
A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.
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July 12, 2024
Ramey Says 'Any Competent' Atty Wouldn't Seek Sanctions Yet
Ramey LLP, counsel for mobile payment company AuthWallet LLC, has urged a Texas federal judge to reject a bank's attempt to sanction the company's attorney, saying the request is premature since the case doesn't have a prevailing party yet.
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July 12, 2024
Fed. Circ. Upholds Natera's Injunction In Cancer Test IP Fight
The Federal Circuit on Friday upheld a preliminary injunction barring NeoGenomics Laboratories Inc. from selling certain cancer tests while a North Carolina federal court decided whether they infringed Natera Inc. patents.
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July 12, 2024
Fed. Circ. Probes Case With Apple Watch Import Ban At Stake
In a case that could lead to a U.S. International Trade Commission import ban on the Apple Watch amid a patent dispute with AliveCor, Federal Circuit judges asked both companies Friday why a patent office tribunal that invalidated the patents didn't see evidence from the ITC case.
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July 12, 2024
VW Lawyers Win Fees From 'Sloppy' Texas Patent Atty
A federal judge in Houston has said a lawyer behind over 700 patent lawsuits over the past three years is personally liable to pay Finnegan Henderson Farabow Garrett & Dunner LLP's fees over his "sloppy" and "offensive" case against Volkswagen.
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July 12, 2024
VLSI Continues Fight Against Intel In Patent Litigation
VLSI has launched a fight in Texas federal court against an argument that Intel made in Delaware federal court that it had a license to various patents.
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July 12, 2024
Lenovo Dodges Deposition Bid In Texas Software Patent Fight
Lenovo has skirted a subpoena seeking witness testimony in a patent case involving two rival software companies and the computer giants HP and Dell, with a North Carolina federal judge finding that the request was "overbroad" and not well justified given that Lenovo isn't part of the suit.
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July 12, 2024
Tequila Co. Wants Out Of Brewer's 'Dragon's Milk' TM Suit
A Mexican tequila company said a judge should dismiss a trademark action filed by a Michigan craft brewer to protect its use of the name "Dragon's Milk," saying it hasn't threatened to assert infringement of its "Casa Dragones" mark.
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July 12, 2024
AIG Says Ex-Execs Who Started Rival Co. Stole Trade Secrets
Insurance giant American International Group is accusing three of its former senior executives of unlawfully using confidential company information to launch a startup New Jersey insurance company.
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July 12, 2024
Zimmer Biomet Owes Despite Expired Patents, 7th Circ. Says
Zimmer Biomet Holdings shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired, the Seventh Circuit said Friday, backing a lower court's decision affirming an arbitration ruling in favor of the surgeon's estate.
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July 12, 2024
Steris Infringing 'AST' Trademark, Medical Equipment Co. Says
Medical supply company Steris Corp. is allegedly infringing the "AST" trademark of a Washington engineering and medical equipment firm, according to a complaint filed Friday in Washington federal court.
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July 12, 2024
Fed. Circ. To PTAB Detractor: Didn't We Do This Already?
The Federal Circuit seemed confused Friday by Arbor Global Strategies' argument that the Patent Trial and Appeal Board was acting outside the Administrative Procedure Act when it invalidated the company's processor module patent claims, since they'd tackled that question in an earlier precedential opinion.
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July 12, 2024
NPE Patent Suits Up 19% From 2nd Half Of 2023
The number of patent lawsuits filed by so-called nonpracticing entities has continued to increase in the past year, with the Eastern District of Texas being the top district in terms of patent litigation, according to a new report.
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July 12, 2024
AbbVie Brings Atty-Client Privilege Fight To Supreme Court
Drugmaker AbbVie has set its sights on the U.S. Supreme Court, asking justices to weigh in on a discovery battle over what it believes are privileged attorney-client communications relating to a "sham" Pennsylvania patent case.
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July 12, 2024
Litigation Funding 'Abuses' Targeted By Federal Lawmakers
Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.
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July 12, 2024
Biggest Washington Decisions Of 2024: A Midyear Report
The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.
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July 12, 2024
Polsinelli Hires Longtime Daspin & Aument IP Atty In Chicago
Polsinelli PC has hired a Daspin & Aument LLP attorney in Chicago as an intellectual property litigation practice shareholder, after he spent almost 17 years with the firm, according to an announcement Thursday.
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July 12, 2024
Microsoft Squashes Beef With Ex-Engineer Over Xbox Patents
Microsoft has resolved litigation with a former software engineer who was fighting with the company over whether he could claim to own patents that he says Microsoft uses in its Xbox software.
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July 12, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the owner of the Lambretta scooter brand Innocenti SA embroiled in a trademark dispute with a property developer, a clash between two art dealers over a collection of tapestries, Telecom Italia pursue a debt claim against a competing telecommunications company, and performing arts trade union Equity hit a casting directory for charging unfair subscription fees on actors. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Breaking Down The EPO's Revised Practice Guidelines
The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.
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Trending At The PTAB: Permissible New Reply Arguments
In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Fintiv Denials Are On The Rise At PTAB
Following last year's CommScope v. Dali decision, the Patent Trial and Appeal Board is increasingly using Fintiv factors to discretionarily deny inter partes review petitions — and attorneys ignore it at their peril, say Josepher Li and Michelle Armond at Armond Wilson.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.