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Intellectual Property
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July 23, 2024
On Limiting ITC's Power, House Republican Is 'Appalled'
Proposals that would restrict how companies can use the U.S. International Trade Commission to go after device manufacturers met a frosty reception from at least one patent-owning Republican on Tuesday, who said he was "appalled" by one idea, and likened another suggestion to communism.
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July 23, 2024
Fed. Circ. Gives Netflix 2nd Chance To Challenge Broadcom IP
The Patent Trial and Appeal Board must reconsider Netflix's petitions challenging the validity of a Broadcom unit's software performance monitoring patent, the Federal Circuit held Tuesday, finding flaws in the board's refusal to invalidate claims.
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July 23, 2024
The Biggest Trademark Rulings Of 2024: A Midyear Report
The U.S. Supreme Court rejected a California attorney's arguments that registering "Trump Too Small" as a trademark constituted speech protected by the First Amendment, and a split Ninth Circuit concluded district courts have the power to cancel trademark applications during litigation. Here's a look at some of the most notable trademark decisions so far this year.
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July 23, 2024
Full Fed. Circ. Won't Undo TD Ameritrade's One-Word IP Win
The full Federal Circuit on Monday denied a patent owner's en banc rehearing petition challenging a one-word ruling in favor of stockbroker TD Ameritrade in a high-stakes patent fight and effectively rejected an amicus party's legal challenge to the court's rule allowing one-word affirmance decisions.
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July 23, 2024
Litigation Funder Says Apple Doc Request Is 'Mere Suspicion'
Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.
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July 23, 2024
Senate Dems Roll Out Bill To Codify Chevron Deference
Sen. Elizabeth Warren, D-Mass., led a group of Democratic senators Tuesday in introducing a bill to codify the now-defunct doctrine of Chevron deference after it was struck down by the U.S. Supreme Court last month.
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July 23, 2024
Firm Says Rival's Trademark Merely 'Common Spanish Phrase'
A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."
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July 22, 2024
Elon Musk's X Corp. Accused Of TM Infringement, Again
Public relations firm Multiply on Monday accused Elon Musk's social media platform of ripping off its stylized "X" logo to create a substantially similar design, despite knowing Multiply already has a registered trademark, according to an infringement lawsuit in California federal court.
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July 22, 2024
Neo Wireless Deceived Patent Officials, Auto Giants Say
Automakers accused of infringing Neo Wireless LLC's technology have urged a Michigan federal judge to keep alive their defense that Neo committed misconduct, arguing that the wireless company withheld information about a competitor's project that would have rendered the patents at issue obvious.
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July 22, 2024
USPTO Wins Dismissal Of Danish Co.'s PTSD Drug Lawsuit
A Virginia federal judge has ruled that the U.S. Patent and Trademark Office appropriately rejected drugmaker Lundbeck's request for three additional months of patent exclusivity for a PTSD drug, saying the agency could dock those days due to the impermissible gray shading of some text in the company's patent application.
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July 22, 2024
VidStream Can't Block X Features That Allegedly Infringe IP
VidStream can't block X Corp. from deploying features that allegedly infringe its patent over a system for receiving and distributing user-generated video, a Texas federal judge said Monday, finding that VidStream is unable to show the alleged infringement can't be remedied through monetary damages and therefore fails to show it will be irreparably harmed.
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July 22, 2024
LegalForce Says Legal Finance Group Is Infringing Its Logo
LegalForce RAPC Worldwide PC has filed a federal trademark infringement suit against Law Finance Group Inc. in the San Francisco Bay Area, accusing it of violating the firm's "LF" trademark in providing legal services.
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July 22, 2024
Jury Delivers $138M Verdict In Bitcoin Mining Consultant Suit
A California federal jury unanimously found bitcoin mining firm Marathon Digital Holdings Inc. liable for nearly $139 million in damages over allegedly breaching a consultant's contract when it cut him out of the deal he brought to the firm.
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July 22, 2024
Fed. Circ. Axes Claim In UNM Network Patent, Questions Others
The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly upheld part of a University of New Mexico wireless communications patent challenged by network equipment maker Zyxel, and ordered the board to reconsider amended claims it had allowed.
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July 22, 2024
9th Circ. Backs Moving Video Game IP Suit To South Korea
The Ninth Circuit on Monday said a federal judge correctly dismissed a copyright and trade secrets complaint from a South Korean video game developer against a rival because their country is a more convenient venue, rejecting plaintiff Nexon Korea Corp.'s arguments that the Digital Millennium Copyright Act should have prevented that from happening.
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July 22, 2024
Scanner Maker Tells 4th Circ. Contract Ends Honeywell Suit
Laser technology company Opto Electronics urged the Fourth Circuit to overturn a jury finding that it was liable for ripping off Honeywell International over royalties for barcode scanners, arguing that a contract between the companies foreclosed the result as a matter of law.
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July 22, 2024
Midyear Report: Surveying Vast NCAA Litigation Landscape
While the NCAA has never been a stranger to high-stakes litigation, the past six months have seen a deluge of courtroom intrigue as college athletes flex their legal muscle amid a quickly shifting consensus on the organization's overall business model.
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July 22, 2024
Litigation Funder Sues Wyoming Co. With Same Name
Litigation funding company Parabellum Capital LLC has filed a trademark lawsuit in Colorado federal court against a Wyoming company called Parabellum Capital Inc., but the Wyoming company appears to be backing down.
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July 22, 2024
Olympic Committee Hits Logan Paul's Drink Co. With TM Suit
The United States Olympic & Paralympic Committee has sued a sports beverage company co-founded by social media influencer and wrestler Logan Paul, Prime Hydration, alleging that it is infringing on Olympic trademarks with an ad campaign featuring NBA star and Team USA member Kevin Durant.
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July 22, 2024
1st Circ. Doubts Calif. Law Governs DraftKings Job Fight
A former DraftKings executive seeking to undo his noncompete contract appeared to make little headway with the First Circuit on Monday as he argued that Massachusetts law should take a backseat in the dispute to California's more worker-friendly statute.
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July 19, 2024
Platform Sciences Hit With $19M Omnitracs Patent Verdict
A California federal jury on Friday determined that Qualcomm spin-off Omnitracs is entitled to $19.3 million in lost profits and a $140,000 royalty after a former executive's new company willfully infringed one of its fleet management software patents, but cleared it of infringing two other patents.
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July 19, 2024
House IP Committee Heads Unveil Drug Pricing Bill
Reps. Darrell Issa, R-Calif., and Hank Johnson, D-Ga., respectively the chair and top Democrat of the House intellectual property subcommittee, on Friday introduced a new bill that would change patent law to increase competition in the prescription drug market in order to lower patient costs.
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July 19, 2024
14 NBA Teams Hit With Copyright Suits Over Songs In Videos
Fourteen NBA teams have been hit with complaints by several music companies that accuse the basketball franchises of using copyrighted songs in promotional videos without permission, according to lawsuits in Manhattan federal court.
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July 19, 2024
Jury Finds Booking.com Owes Ryanair $5K For Data Scraping
Irish discount airline Ryanair has convinced a Delaware federal jury to find that online travel website giant Booking.com should pay $5,000 for using screen scraping software in a way that ran afoul of computer fraud laws, which the airline likened to "internet piracy."
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July 19, 2024
Judge Tosses Traders' Counterclaims In Trade Secrets Case
A Manhattan federal judge has ruled that Millennium Management LLC and two of its employees cannot yet use the federal trade secrets law to claim attorney fees with their allegation that investment firm Jane Street Group LLC sued them in bad faith over a proprietary trading strategy.
Expert Analysis
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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.
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How Real Estate Cos. Can Protect Their IP In The Metaverse
The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Patent Lessons From 4 Federal Circuit Reversals In April
Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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How To Use Exhibits Strategically Throughout Your Case
Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.
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Tips For Companies Tapping Into Commercial Cleantech
A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.