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Intellectual Property
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July 03, 2024
Electric Jet Co. Scoffs At Boeing Bid To Undo $72M IP Verdict
Zunum Aero Inc. said that a federal judge should reject The Boeing Co.'s efforts to cancel a $72 million jury award for misappropriating the electric jet startup's trade secrets, saying evidence presented during a 10-day trial in May amply supports the verdict.
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July 03, 2024
Roche Says Stanford Profs Stole Cancer Detection Tech
Roche Molecular Systems has accused Stanford University and several faculty members of swiping its proprietary cancer detection technology and secretly founding a new company with it, according to a suit filed in California federal court.
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July 03, 2024
Don't Dismiss Suit Over Ex-Employee's 'Raid,' Lender Says
Mortgage lender Caliber Home Loans Inc. has accused a competitor of taking "another bite at the preemption apple" in seeking dismissal of the latest version of a suit over alleged poaching, telling a Dallas federal judge that the suit revision raises "additional, distinct facts" that support allowing its claims to go forward.
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July 03, 2024
Sonos Says Chevron's End Doesn't Impact Google Patent Row
The U.S. Supreme Court's abolition of so-called Chevron deference doesn't warrant granting Google's request for the full Federal Circuit to review precedent on the U.S. International Trade Commission's patent powers, which requires "special justification" to undo, Sonos said Wednesday.
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July 03, 2024
Adobe Prevails As Fed. Circ. Rules Alice Dooms E-Sign Patent
The Federal Circuit on Wednesday affirmed a lower court's ruling that axed an electronic signature patent for not inventing "much of anything," saying the patent Adobe Inc. allegedly infringed merely covered a long-standing business practice of signing documents.
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July 03, 2024
Restaurant Group Gets Another Shot At TM Suit Against Hotel
The Fifth Circuit has revived a trademark infringement case in which restaurant chain Lettuce Entertain You Enterprises accused Hotel Magdalena Joint Venture of ripping off its summer-themed branding, finding that the lower court didn't apply the right standard properly.
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July 03, 2024
Realtor.com Parent Accuses CoStar Of Stealing Trade Secrets
The parent company of Realtor.com sued CoStar Group Inc. and one of its employees in California federal court Tuesday, alleging the worker stole confidential trade secrets from his time working at Realtor.com in order to boost the performance of CoStar's rival real estate website, Homes.com.
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July 03, 2024
Revived Skinny Label Case Is A Warning For Generics
The Federal Circuit has made clear that generic-drug companies need to pay close attention to public statements when advertising drugs that still have patent-protected uses, even if their so-called skinny labels properly avoid references to those carved-out indications, attorneys say.
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July 03, 2024
Full Fed. Circ. Urged To Rethink Amazon Patent Program Case
Lighting Defense Group has urged the full Federal Circuit to undo a decision that it must face a declaratory judgment suit in the home state of a company it accused of infringement through an Amazon patent program, saying the holding is in "intractable conflict" with precedent.
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July 03, 2024
Appeals Board Tosses Revived License Breach Dispute
The Civilian Board of Contract Appeals has again tossed a dispute, previously revived by the Federal Circuit, alleging the U.S. Food and Drug Administration breached a software company's end-user license agreement, saying it lacks jurisdiction to enforce the agreement.
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July 03, 2024
Siemens, GlobalFoundries Kill Chip Design IP Under Alice
Siemens and GlobalFoundries nabbed a major win Tuesday when a Delaware federal magistrate judge granted the semiconductor makers' summary judgment bids in a patent infringement case, holding that the chip design patents the companies are accused of infringing are invalid under Alice.
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July 03, 2024
Cooley DQ'd From IP Case Over Atty's Past Patent Work
Cooley LLP was disqualified on Wednesday from representing a pharmaceutical customer-support software company against patent infringement claims in Delaware, with the district court citing a Cooley partner's prior work representing the plaintiff and Cooley's refusal to screen its attorney.
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July 03, 2024
Cardi B Accused Of Ripping Off FX Show's Song For Single
Two music creators say Cardi B's new hit "Enough (Miami)" infringed a song they wrote in 2021, telling a Texas federal court Wednesday that they're entitled to a temporary and permanent restraining order barring the song from being played.
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July 03, 2024
Penile Implant Doc Seeks $7M Atty Fees, Costs In $18M IP Win
A urologist who won $18.3 million in royalties and damages after a jury found a rival stole his penile implant trade secrets and infringed his intellectual property asked a California federal judge for $6.5 million in attorney fees and $614,000 in costs, saying he is owed the funds as the prevailing party in the litigation.
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July 03, 2024
Google Defeats Online Media Patent Suit At Fed. Circ.
A Federal Circuit panel on Wednesday backed Google LLC's win in a California federal suit accusing it of infringing patents on creating layered web-based communications like ads and websites.
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July 03, 2024
Akerman Beats DQ Bid In Sneaker Product IP Battle
Akerman LLP can't be disqualified from defending a manufacturing company against claims that it stole from a social media influencer it partnered with to sell sneaker care products, a California federal judge has ruled.
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July 03, 2024
Juul License Voids Vape Royalties For Altria, Reynolds Argues
R.J. Reynolds Vapor Co. said it shouldn't have to pay royalties to the parent company of Philip Morris for a pod-style vape it was found to have infringed in a $95 million patent verdict nearly two years ago, pointing to a recent licensing deal it signed with Juul.
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July 03, 2024
Judge OKs Bid To End FindLaw Trade Secrets Lawsuit
A New York federal judge has approved a deal to resolve a trade secrets dispute between West Publishing Corp. and RizeUp Media Inc. stemming from the departure of several key employees from West.
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July 03, 2024
Turf Co. Wants Out Of Rival's Trade Secrets Suit
Facing allegations from a major artificial turf manufacturer that it poached one of its executives and trade secrets, a rival turf company hit back Tuesday by claiming that it has "no idea what information might be encompassed" by allegedly stolen files, and thus, the suit must be dismissed.
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July 03, 2024
After Chevron Deference: What Lawyers Need To Know
This term, the U.S. Supreme Court overturned Chevron deference, a precedent established 40 years ago that said when judges could defer to federal agencies' interpretations of law in rulemaking. Here, catch up with Law360's coverage of what is likely to happen next.
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July 02, 2024
Samsung Says IP Law Firm, Litigation Funder Misused Info
Samsung Electronics Co. Ltd. says an intellectual property law firm and a Chinese litigation funder used its confidential information without permission to help Staton Techiya LLC assert patent infringement allegations, telling a Texas federal judge that the conduct demonstrated why the court should add the other companies to Samsung's suit.
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July 02, 2024
Ex-Jets Worker Says Team, NFL Stole His Logo Design
A former New York Jets film and video director claims the team used his logo design off and on for years without his permission or compensating him for its use, according to a suit filed in federal court.
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July 02, 2024
Mike Huckabee Says Meta Hosted Fake CBD Gummy Ads
Former Arkansas Gov. Mike Huckabee says Meta Platforms Inc. has been allowing and hosting advertisements that falsely portray him promoting CBD gummies, leading to people falsely associating him with the CBD industry and marijuana use, according to a suit filed Monday in Delaware federal court.
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July 02, 2024
FTC Investigating Teva Inhaler Patent Listings, Report Says
The Federal Trade Commission has opened an investigation into Teva Pharmaceuticals after it refused to remove inhaler patents from a key federal database, according to a Washington Post report citing confidential agency documents.
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July 02, 2024
Chamber, Pharma Slam Colorado Drug Price Controls
The U.S. Chamber of Commerce and a prominent pharmaceutical industry group have urged a Colorado federal court to bar a state review board from setting price controls on prescription drugs, arguing that the practice is "irreconcilable" with federal patent law.
Expert Analysis
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AI-Generated Soundalikes Pose Right Of Publicity Issues
Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Beware Of Trademark Scammers Leveraging USPTO Data
Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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PTAB Rulings Shed Light On Quantum Computing Patents
Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Fed. Circ. Rulings Crystallize Polymorph Patent 'Obviousness'
A comparison of two recent Federal Circuit obviousness challenge decisions regarding polymorph patents provides helpful insight into the assessment of screening arguments, particularly the issue of reasonable expectation of success, say Michael Green and John Molenda at Steptoe.
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3 Infringement Defenses To Consider 10 Years Post-Nautilus
In the 10 years since the U.S. Supreme Court’s influential Nautilus ruling, the spirit of the “amenable to construction” test that the opinion rejected persists with many patent litigators and judges, so patent infringement defense counsel should always consider several key arguments, says John Vandenberg at Klarquist Sparkman.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.
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Trending At The PTAB: Real Party In Interest And IPR
The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.