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Intellectual Property
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October 03, 2024
Mintz IP Partner Is Equal Parts BigLaw And Punk Rock
A member of five different New York-area bands playing upward of 50 shows per year, Mintz partner Brad Scheller is used to trading in his suit and tie after hours for a punk rock T-shirt.
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October 03, 2024
US, France Extend Patent Prosecution Highway
French and American authorities announced plans Thursday to extend their deal to fast-track patent examinations for IP already approved in the other jurisdiction for another five years.
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October 02, 2024
Kirkland Accuses Ex-IP Atty Of Delaying Bias Suit Discovery
Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper."
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October 02, 2024
Sonos Beats Remaining Claims Of Google Speaker IP Suit
A California federal judge on Wednesday dropped the remaining patent infringement claims in Google's wireless technology battle against speaker maker Sonos Inc., rejecting the tech giant's contention that there was substantial evidence of infringement.
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October 02, 2024
Google Hit With Renewed Voice Assistant Antitrust Case
Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.
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October 02, 2024
Chancery To Mull Receiver In Drug Co. Consulting Bill Row
Delaware's Supreme Court has appointed a Superior Court judge to sit as a vice chancellor in a suit seeking a receiver for a Dubai-headquartered bio-pharmaceutical company that has run up nearly $600,000 in $3,000-per-day sanctions and counting for failing to comply with an initial $180,000 judgment.
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October 02, 2024
Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug
Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.
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October 02, 2024
Amarin Says Sky Isn't About To Fall In Skinny Labels Fight
Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry."
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October 02, 2024
NY Judge Not Confused By Irish Butter Packaging
The company behind the Kerrygold butter brand has failed to convince a federal judge in New York that consumers were confused by a smaller, newer Irish butter brand, per a ruling that called the businesses' respective packaging "markedly dissimilar."
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October 02, 2024
Sports Field Sweeper Inventor Says Sons Infringed Patent
An Australian company that invented a mechanical sweeper system to clean sports fields alleges in a Colorado federal lawsuit that the sons of the technology's inventor are selling infringing sweepers in the United States.
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October 02, 2024
Fed. Circ. Orders Damages Redo In $11M Meat Sorter IP Fight
The Federal Circuit on Wednesday called for a new damages trial in Provisur Technologies Inc.'s $10.5 million patent infringement win over Weber Inc., taking issue with how a Missouri federal court looked at willfulness and apportionment.
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October 02, 2024
NC Judge Ends NIL Ban For State's Public School Athletes
North Carolina public school athletes can now be compensated for their name, image and likeness, thanks to a preliminary injunction granted by a state judge that overturned a ban by the state board of education.
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October 02, 2024
State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle
Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.
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October 02, 2024
Meta Facing Another Author Class Action Over LLM Training
Another author has launched a proposed class action against Meta Platforms Inc. in California federal court alleging the social media giant swiped material from hundreds of thousands of copyrighted books to train its series of large language models named Llama.
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October 02, 2024
FisherBroyles Hit With Malpractice Suit Over Stem Cell Case
A Southern California stem cell treatment center hit FisherBroyles LLP with a $10 million malpractice suit in state court over the law firm's work defending it in a patent infringement case that settled, claiming the defense was so incompetently handled that it had to hire WilmerHale as the case approached trial.
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October 02, 2024
Fleetwood Mac Producer Says 'Stereophonic' Rips Off His Book
One of the producers of Fleetwood Mac's classic 1977 record album "Rumours," Kenneth Caillat, has accused the author of the play "Stereophonic" of swiping copyrighted material from his memoir "Making Rumours" to make the hit Broadway show.
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October 02, 2024
GM Must Face Auto Part Co.'s Raid Conspiracy Counterclaim
General Motors can't slip an aftermarket car parts company's accusation that the auto giant was behind a government raid of its warehouses, a Michigan federal judge ruled Tuesday, allowing two of Quality Collision's counterclaims in a GM-filed patent infringement suit to stand.
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October 02, 2024
Supplement Co. Hits Back At TM Suit, Alleges Fake Reviews
Supplement-maker Nutranext Business LLC failed to disclose that a doctor promoting its products is a paid influence, artificially inflated its positive reviews on Amazon and misrepresented a study that purports to show the benefits of using its products, according to new counterclaims filed by a competitor it sued for trademark infringement.
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October 02, 2024
Fla. Atty Disbarred For Abandoning Pharma Biz Before USPTO
The Florida Supreme Court on Wednesday disbarred an attorney for taking on intellectual property work for a pharmaceutical company only to later cease communications and keep the business in the dark about maintenance fees, causing its patents to expire.
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October 01, 2024
IBM Targets Take-Two In IP Suit After $45M Win Against Zynga
Less than a month after obtaining a $45 million verdict against San Francisco game company Zynga over patents related to online advertisements, IBM launched a new lawsuit in Delaware federal court against the developer's parent company over different video games.
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October 01, 2024
Nonprofit Finds Bad Patent 'Epidemic' Is Just A Myth
The U.S. Patent and Trademark Office is more likely to reject patent applications with valid claims than approve applications with invalid claims, according to a new report commissioned by former USPTO directors and Federal Circuit judges who were concerned about an alleged "epidemic" of bad patents.
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October 01, 2024
Fla. Judge Sends 2 Live Crew Rights Dispute To Jury
A Florida federal judge has trimmed trademark and copyright infringement claims from a suit by music label Lil' Joe Records against members of the hip-hop group 2 Live Crew but said he would send the issue of whether the termination of the label's rights to the songs was effective to a jury next week.
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October 01, 2024
Amazon Gets $47M Voice Patent Verdict Slashed By $7M
Amazon was able to shave off about $7 million from a nearly $47 million verdict against it in a voice software technology patent case by a defunct startup after convincing a Delaware federal court that there was a hole in expert testimony over the online retail giant's Alexa software.
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October 01, 2024
Buchalter Grows In Atlanta With Taylor English IP Litigators
Buchalter PC has continued its expansion in Georgia with the addition of two intellectual property litigators from Taylor English Duma LLP.
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October 01, 2024
Febreze Jingle IP Claim Doesn't Pass 2nd Circ. Smell Test
The Second Circuit on Tuesday rejected an appeal from a New York composer who claims Procter & Gamble's advertisement jingle for Febreze ripped off five notes from a song he wrote in the 1980s, saying those notes by themselves are not protectable under copyright law.
Expert Analysis
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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.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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The Fed. Circ. In May: The Printed Matter Doctrine's Scope
The Federal Circuit’s recent ruling in Ioengine v. Ingenico, which addressed the scope of the printed matter doctrine as applied to transmitted data or program code, restores the doctrine’s status as a relatively narrow part of patent law, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty
The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.