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Intellectual Property
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June 11, 2024
Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law
A former DraftKings executive wants a snap trial to unwind a noncompete blocking him from work at sports-betting rival Fanatics, calling the fiercely litigated, bicoastal dispute a "test case" for California's recent law reinforcing a ban on restrictive covenants.
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June 11, 2024
ArentFox Adds 17-Person Team From Burns & Levinson
A few months after adding a four-partner automotive team from Burns & Levinson LLP, ArentFox Schiff LLP on Tuesday announced the addition of 17 more attorneys and professionals from the firm with experience ranging from intellectual property matters to business litigation.
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June 11, 2024
Cigar Co. Can Keep Using Contested 'Dragon' Name For Now
A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.
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June 11, 2024
Paramount Asks Court To Send 'Top Gun' IP Suit Packing
Paramount Pictures has asked a California federal court to dismiss a right of publicity complaint from the actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie, saying his claim over a photo of his character included in the film's sequel without his permission falls squarely under the so-called Rogers test, a free speech doctrine that protects expressive works.
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June 11, 2024
10 Firms Seek $13M Fee For Effexor Antitrust Deal
Ten law firms asked a New Jersey federal judge on Monday to award $13 million in counsel fees and an additional $2.1 million in costs for representing direct buyers in a $39 million settlement with Pfizer Inc. unit Wyeth over an alleged scheme to delay generic competition for the antidepressant drug Effexor XR.
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June 11, 2024
Longtime Orrick IP Partner Jumps To White & Case In DC
An Orrick Herrington & Sutcliffe LLP partner, who spent over 14 years with the firm litigating a range of patent and other matters, has joined White & Case LLP to continue working on intellectual property appellate issues, the firm announced Tuesday.
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June 11, 2024
After Circling Globe, IP Litigator Returns To Fish & Richardson
Fish & Richardson PC has strengthened its intellectual property litigation group in Houston with a familiar face who left the firm over a year ago to trot the globe with his wife.
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June 11, 2024
Immigration Firm Says Rival Poached Workers And Stole TM
A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase covered by its trademark — "Arreglar sin salir!" — which translates to "fix without leaving."
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June 10, 2024
Microsoft Wants $242M IP Verdict Axed Or Cut To $1.9M
Microsoft has urged a Delaware federal judge to toss a $242 million jury verdict that found Microsoft's virtual assistant Cortana infringed a patent originally issued to a company that developed Apple's Siri software, arguing infringement wasn't proven and the "grossly inflated" award should at least be cut to $1.95 million.
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June 10, 2024
5 Teva Inhaler Patents Kicked Out Of Orange Book
A New Jersey federal judge said Monday that a handful of patents covering Teva-brand asthma inhalers were "improperly listed in the Orange Book," a legal holding that U.S. Federal Trade Commission Chair Lina Khan quickly took some credit for.
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June 10, 2024
Biz Defends $525M Data Storage Patent Win Against Amazon
Efforts by Amazon to dislodge a $525 million jury verdict are too late and amount to sour grapes, a small Chicago software company that won the amount has told an Illinois federal court.
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June 10, 2024
USPTO Makes Filing Delist Requests Slightly Easier
The U.S. Patent and Trademark Office will begin to make it easier for anybody to ask the agency to delist "precedential" administrative board rulings, it announced by email on Monday.
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June 10, 2024
Software Alliance Urges Congress To Tackle Deepfakes
The Software Alliance, a trade group that includes Microsoft Corp., Adobe Inc. and IBM, urged Congress Monday to pass legislation that addresses the proliferation of digital replicas made possible with artificial intelligence, telling lawmakers that unauthorized deepfakes harm artists who rely on their reputation and public recognition.
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June 10, 2024
Pink Floyd Secures TRO Against Site In Counterfeit Merch Suit
Pink Floyd secured an emergency order on Monday blocking a website from using the band's name on apparel and other products, days after suing the website for allegedly selling counterfeit merchandise and using offshore bank accounts to evade detection.
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June 10, 2024
Ex-Sports Illustrated Publisher Countersues Owner In TM Row
The former publisher of Sports Illustrated has filed a countersuit alleging that the magazine's owner, Authentic Brands Group, made it impossible to run the magazine and then conspired to install a competitor as the new publisher.
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June 10, 2024
Another Ex-Sheppard Mullin IP Atty Joins Dickinson Wright
Dickinson Wright PLLC has added another intellectual property attorney from Sheppard Mullin Richter & Hampton LLP to its Silicon Valley office, saying Monday that she arrives with more than 1,000 past U.S. and international patent matters under her belt.
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June 10, 2024
Medical-Aesthetic Device Rivals Set For Sept. Poaching Trial
A Boston federal judge on Monday scheduled a post-Labor Day jury trial for medical-aesthetic device company Cynosure's $78 million poaching lawsuit against rival Reveal Lasers, urging the parties to streamline their exhibits and damages claims.
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June 10, 2024
Perkins Coie Adds Arnold & Porter Patent Atty In DC
Perkins Coie has hired a longtime patent attorney in Washington, D.C., who joins the firm's intellectual property and patent litigation practices from Arnold & Porter Kaye Scholer LLP, the firm announced Monday.
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June 10, 2024
Justices Skip Kroger's TM Feud With Grubhub Over Logo
The U.S. Supreme Court on Monday declined to review a Seventh Circuit finding that Grubhub Inc.'s fork-and-knife logo does not infringe a similar emblem used by Kroger's meal-kit delivery service Home Chef.
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June 07, 2024
Susman Attys Can Exit IP Suit Amid Arigna's Row With Funder
New York boutique firm Susman Godfrey LLP has persuaded a D.C. federal judge to let the firm out of having to represent patent litigation business Arigna Technology Ltd. following a breakdown in the firm's arrangement with the business's litigation funder.
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June 07, 2024
Texas Jury Clears Michaels In Paint-By-Number TM Suit
Arts and crafts retailer Michaels Stores Inc. did not infringe a paint-by-number company's trademarks to create a competing product, a Texas federal jury determined.
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June 07, 2024
DC Circ. Undoes Library Of Congress Win In Fair Use Fight
The D.C. Circuit on Friday reversed a lower court's decision that had rejected two industry groups' challenge to a final rule that categorized medical device diagnostic procedures and repairs as fair use exemptions to U.S. copyright law.
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June 07, 2024
11th Circ. Urged To Undo Exclusion Of $80M Asset Valuation
A trustee for creditors of ATIF Inc. told the Eleventh Circuit on Friday that a trial judge erred in excluding an expert's $80 million valuation of the bankrupt title insurance underwriter's 2015 transfer of assets to Old Republic National Title Insurance Co.
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June 07, 2024
Parking Lot Tech Co. Wants Rival To Hit The Brakes
A Texas company that develops parking enforcement technology is suing a competitor in Colorado federal court, claiming the rival is infringing three of its patents that cover the use of a camera to track vehicles entering and exiting lots, automated fees, and ticketing.
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June 07, 2024
'Success Kid' Ruling Shines Light On Post-Warhol Fair Use
The Eighth Circuit ruled Friday that last year's U.S. Supreme Court's Warhol decision dooms a fair use defense from a former Republican congressman whose failed reelection campaign was hit with a successful copyright lawsuit by the mother of the widely memed "Success Kid."
Expert Analysis
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How Cos. Can Assess Open-Source Contribution Patent Risks
Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Averting Patent And Other IP Risks In Generative AI Use
While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
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New Hydrogen Regulations Show The Need For IP Protections
The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.
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Inside The PTAB's Seagen Cancer Drug Patent Decision
The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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Opinion
Biden Admin's March-In Plan Would Hurt Medical Innovation
The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.
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Google Patent Case Is A Claim Construction Litigation Lesson
The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Reassessing Trade Secrets Amid Proposed Noncompete Ban
The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.