Intellectual Property

  • August 29, 2024

    Cisco Wants Mistrial Over Judge Albright's Claim Construction

    Cisco Systems Inc. has asked prolific patent jurist U.S. District Judge Alan Albright to declare a mistrial in a suit accusing it of infringing a server patent, arguing Judge Albright has been using a different claim construction at trial than his prior guidance suggested.

  • August 29, 2024

    T-Mobile Seeks Full 4th Circ. Look At Simply Prepaid TM Fight

    T-Mobile is asking for an en banc rehearing after a Fourth Circuit panel revived a Virginia-based cellphone company's infringement suit against it, telling the court that Simply Wireless didn't meet the correct standard of "deliberate and continuous" use of its trademarked "Simply Prepaid" branding to bar use of the phrase by other entities.

  • August 28, 2024

    Calif. Assembly OKs 1st-Of-Its-Kind AI Safety Bill

    California lawmakers on Wednesday approved a groundbreaking proposal that would set safety and security standards for large artificial intelligence models.

  • August 28, 2024

    Farmer Owes Monsanto $7.4M After Flouting Seed Judgment

    An Illinois federal judge has revived a 7-year-old judgment she entered against a farmer who allegedly prevented a farm from collecting some of its patented Monsanto soybean seed crops planted on the farmer's land and sold them for himself without permission.  

  • August 28, 2024

    CyDex Says Bexson Breached Deal By Misusing Pharma IP

    CyDex Pharmaceuticals hit Bexson Biomedical with a contract breach suit in Delaware Chancery Court accusing it of misusing a CyDex-designed molecule to develop unauthorized non-ketamine formulations, and subsequently filing a patent for those formulations, in violation of the parties' agreement.

  • August 28, 2024

    Mich. Pot Co. Says Court Can Hear Suit Against IP Atty

    A Michigan cannabis company can maintain its lawsuit against an attorney and his wife who it claims badmouthed it on social media, a federal judge ruled, after the business showed the court has jurisdiction over the couple.

  • August 28, 2024

    'Holy Cow!': MLB Legend's Co. Sues Eatery Over Catchphrase

    A company that manages the intellectual property rights of the late Major League Baseball sportscaster Harry Caray filed a trademark infringement suit in Texas federal court Tuesday accusing a Dallas restaurateur of trying to piggyback off the goodwill associated with Caray's famed catchphrase "holy cow!"

  • August 28, 2024

    WARF Can't Revive Apple Patent Fight After Axed $506M Verdict

    The Federal Circuit ruled Wednesday that the Wisconsin Alumni Research Foundation cannot pursue new allegations that Apple infringes its circuit patent, after a previous $506 million verdict against the tech giant was thrown out on appeal.

  • August 28, 2024

    Lipitor Buyers Seek Final OK For $35M Deal In Antitrust Fight

    End-payor plaintiffs asked a New Jersey federal judge Tuesday to give final approval of a $35 million settlement resolving their antitrust claims against Pfizer over the cholesterol medication Lipitor.

  • August 28, 2024

    Game-Maker Zynga Can't Ax IBM Patent Ahead Of Sept. 9 Trial

    The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.

  • August 28, 2024

    Fed. Circ. Won't Make ITC Reopen Drill Patent Suit

    The Federal Circuit said Wednesday that a Japanese company that makes power drills can't force the U.S. International Trade Commission to finish adjudicating a patent case from a rival after the infringement allegations were dropped.

  • August 28, 2024

    2nd Circ. Affirms Ex-GE Engineer's Espionage Conviction

    A General Electric Co. engineer convicted of conspiracy to commit economic espionage lost his bid Wednesday to undo his conviction, with a three-judge panel on the Second Circuit affirming the judgment of the New York district court.

  • August 28, 2024

    High Court Told Tyvaso Row Petition Based On 'False' Premise

    A small pharmaceutical startup behind a drug that would compete with the blockbuster high blood pressure treatment Tyvaso says United Therapeutics is making a "fundamentally false" argument to the U.S. Supreme Court about why an appeals court rejected United Therapeutics' case.

  • August 28, 2024

    Detroit Car Service Slams Rival's 'Metro Cars' TM Actions

    A Detroit chauffeuring business said it's being unfairly accused of flouting a court order and infringing a competitor's "Metro Cars" trademark despite doing all it can to scrub the phrase from its web presence, calling a recent contempt motion a disingenuous money grab.

  • August 28, 2024

    Regeneron Sues Sandoz Over Dozens Of Eye Drug Patents

    Regeneron Pharmaceuticals Inc. has taken competing biomedical company Sandoz Inc. to New Jersey federal court with an extensive complaint asserting 46 patents and claiming Sandoz infringed them all with a biosimilar alternative to Regeneron's Eylea brand ophthalmic disorder drug.

  • August 28, 2024

    Chinese Cos. Say Clipboards Don't Infringe MedInfo's Patent

    Two China-based online vendors that sell clipboard products on Amazon.com have sued rival clipboard supplier MedInfo Inc. in federal court, saying the Colorado-based clipboard distributor put their business at risk by falsely reporting to Amazon they were infringing a MedInfo patent.

  • August 28, 2024

    Mug Maker Sues Fla. Rival Over Leopard Print Design

    A Denver-based company that makes insulated beverage containers and coolers took a Florida competitor to Colorado federal court for allegedly ripping off a print design for some of its products, which the suit says includes insulated water bottles that compete directly with the Centennial State company's own offerings.

  • August 28, 2024

    Judge Adds $2.4M To $2M IP Verdict Against Mining Co.

    A Texas federal judge ordered a Norwegian mining company to pay $2.4 million, on top of a $2 million jury verdict, covering oil drilling device sales made after they were found to infringe a rival's intellectual property.

  • August 28, 2024

    USPTO Atty Union Loses Bid For Right To Review Settlements

    The U.S. Patent and Trademark Office must give its attorneys' union a copy of any settlements it reaches in cases involving the attorneys' work conditions, but the agency does not have to let the union review those settlements in advance, an arbitrator held.

  • August 27, 2024

    'Real Martha' Of 'Baby Reindeer' Says Netflix Must Face Suit

    A Scottish lawyer who alleges that Netflix's "Baby Reindeer" series defamed her through its portrayal of a violent stalker character urged a California federal judge Monday not to toss her lawsuit, arguing that the hate mail and death threats she's received prove that the public believes that the portrayal of her is true.

  • August 27, 2024

    'ER' Creator's Widow Says Warner Bros. Ripped Off Show

    The widow of late "ER" creator Michael Crichton on Tuesday accused Warner Bros. Television of abandoning talks to reboot the popular hospital television series, only to turn around and launch a ripped-off version called "The Pitt," a move she called a "brazen disregard" of Crichton's estate's rights.

  • August 27, 2024

    USPTO Sued For Rejecting Blood Pressure Drug Patent

    A small drug developer has hit the U.S. Patent and Trademark Office with a second lawsuit in Virginia federal court over the agency's latest rejection of the company's efforts to patent a different dosage of a drug the company markets to treat low blood pressure.

  • August 27, 2024

    Take Another Look At Video Game Patent, Vidal Tells PTAB

    The director of the U.S. Patent and Trademark Office says a split administrative patent board got a phrase wrong when it ruled in April not to institute a review of a video game patent, ordering it to rethink its decision.

  • August 27, 2024

    Philip Morris' Vape Brand Loses ITC Decision In Juul Fight

    The operator of the Philip Morris brand said Tuesday that it disagrees with a ruling from a U.S. International Trade Commission judge who found that the company's vape brand infringes patents owned by rival Juul.

  • August 27, 2024

    Revlon Says Ex-Workers Stole Britney Spears Fragrance Deal

    Global beauty and cosmetics brand Revlon sued several former fragrance marketing executives and upstart competitor Give Back Beauty in New York federal court, alleging they stole trade secrets and breached contracts when luring Britney Spears' perfume line away from Revlon.

Expert Analysis

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • Fed. Circ. Skinny Label Ruling Guides On Infringement Claims

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    The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • USPTO Disclaimer Rule Would Complicate Patent Prosecution

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    The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • When Patents As Loan Collateral Can Cost You Standing

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    The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.

  • How Life Science Companies Are Approaching UPC Opt-Outs

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    A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.

  • Series

    After Chevron: Expect Few Changes In ITC Rulemaking

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    The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.

  • 6 PTAB Events To Know From The Last 6 Months

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    The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

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