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Intellectual Property
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August 22, 2024
Patent Injunction Bill Has Potential To Reshape Disputes
Proposed legislation to create a presumption that courts would issue an injunction when patent infringement is found could empower patent owners and change the dynamics of disputes if enacted, though experts said the measure's impact would depend on how courts interpret it.
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August 22, 2024
Del. Jury Says No Infringement, Axes Data Storage IP Claims
A Delaware federal jury found Thursday that Scale Computing Inc. did not infringe DataCore Software Corp.'s data storage patent and determined that the asserted claims are invalid as anticipated.
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August 22, 2024
Influencer-Backed Wine Glass Co. Sues Over Trade Dress
A small startup that sells colorful wine glasses is suing other companies that sell similar glasses in Colorado federal court, calling those companies "counterfeiters" that are trying to capitalize on the startup's popularity stemming from the endorsement of a popular TikTok influencer.
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August 22, 2024
Williams-Sonoma Infringes Fabric TMs, Michigan Co. Claims
A supplier of moisture-resistant textiles and fabric treatments sued Williams-Sonoma Inc. in Michigan federal court Thursday, alleging the retailer is infringing three trademarks with its Pottery Barn furniture.
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August 22, 2024
Prince Lobel Adds Boston IP Partner From Mintz
The newest member of Prince Lobel Tye LLP's intellectual property team is a former professional soccer player who now channels his competitive energy into patent and trade secrets litigation, joining the firm after 11 years at Mintz Levin Cohn Ferris Glovsky and Popeo PC with a mandate to build up Prince Lobel's trade secrets practice.
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August 22, 2024
Ex-MiMedx Sales Rep Says Fraud Schemes Pushed Her Out
A former employee of controversial biotech firm MiMedx who was sued for joining a competitor earlier this year hit the company back with a counterclaim Tuesday charging that she was forced out for refusing to go along with the company's alleged flouting of U.S. Food and Drug Administration regulations and rampant overbilling schemes.
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August 22, 2024
USPTO Tells High Court To Skip Double-Patenting Fight
The U.S. patent office told the U.S. Supreme Court that fears stoked by a patent licensing outfit complaining about current Federal Circuit jurisprudence surrounding "obviousness-type double patenting" has already been resolved by a different ruling by the same court earlier this month.
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August 22, 2024
Comedians Duel With Pandora For Joke Copyright Victories
A group of comedians and companies that licensed their routines has urged a California federal judge to grant it partial summary judgment against Pandora Media LLC for copyright infringement on the same day that the company argued it should come out on top because it has implied "pass-through licenses" to broadcast those routines.
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August 22, 2024
Judge Delays AI Trial In Thomson Reuters, ROSS IP Row
A Delaware federal judge on Thursday delayed the first trial involving an artificial intelligence product, postponing a highly anticipated clash in which Thomson Reuters is accusing tech startup ROSS Intelligence of creating an AI legal research platform using copyrighted material from the media company's Westlaw database.
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August 22, 2024
7th Circ. Says Hidden IP Fight Doomed Insurance Coverage Bid
The Seventh Circuit has agreed an insurer could rescind its policies covering a garbage services company because that company failed to disclose an already brewing trademark dispute, concluding the company's argument that it didn't need to disclose the feud was "not supported by the record or common sense."
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August 21, 2024
Fed. Circ. Won't Rethink IP Safe Harbor Case
The Federal Circuit on Wednesday declined to review its decision affirming the dismissal of Edwards Lifesciences' infringement suit against Meril Life Sciences after Edwards urged the full court to narrow its interpretation of a U.S. Food and Drug Administration safe harbor that essentially allows patent infringement during drug development.
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August 21, 2024
RTX Wants Trade Secrets Trial Closed To 'Non-US Persons'
Defense contractor RTX is fighting with a manufacturer over whether a trade secrets trial next week over the design of a mechanical bearing used in the U.S. military's "StormBreaker" bomb should be closed off to all "non-U.S. persons."
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August 21, 2024
USPTO Argues Not All New Rules Call For Public Comments
The U.S. Patent and Trademark Office told the U.S. Supreme Court that forcing the agency to solicit public comments before instituting a new home address requirement for registering trademarks would be too much work.
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August 21, 2024
Full 3rd Circ. Won't Hear Distillery Investor's RICO Case
An investor in a Pennsylvania craft distillery who accused his former business partner and a bevy of associates of racketeering, fraud and trade secret violations has failed to persuade a Third Circuit panel or the full court to take another look at his arguments about reviving the dismissed case.
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August 21, 2024
11th Circ. Affirms Toss Of Banana Wall Art Copyright Suit
The Eleventh Circuit affirmed an Italian artist's win over a pro-se copyright lawsuit from California-based artist Joe Morford concerning art pieces the two made that both incorporate duct-taped fruits, holding they were not "strikingly similar."
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August 21, 2024
Telecom Will Pay $1M For Carrying Biden Deepfake Robocalls
Lingo Telecom will pay the FCC $1 million for not properly validating the caller ID information of a Democratic consultant who used a deepfake of President Joe Biden's voice to make robocalls urging voters not to participate in the New Hampshire primary, the commission announced Wednesday.
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August 21, 2024
AT&T, Verizon, T-Mobile Accused Of Blocking Wi-Fi Calling
A patent-holding company said Wednesday it has filed a lawsuit accusing AT&T, Verizon, T-Mobile and Deutsche Telekom of blocking the emergence of a market for Wi-Fi calling by tying the service to voice and text offerings.
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August 21, 2024
USPTO Beats Atty's FOIA Suit Over Ethics Probe
A California trademark lawyer who says he has been facing a disciplinary matter at the U.S. Patent and Trademark Office over whether his associates let their assistants sign for them on trademark applications could not use a Freedom of Information Act lawsuit to get more information from the agency about the origins of that accusation.
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August 21, 2024
Photographer Sues Music Fest For Using Image Of Bull Riders
A Myrtle Beach, South Carolina, country music festival and an advertising firm it hired used a photographer's photo of two women riding a mechanical bull to market the festival without permission, according to a new copyright infringement suit brought in North Carolina federal court on Wednesday.
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August 21, 2024
Fed. Circ. Says Apple Can't Ship Haptic Tech IP Case To Calif.
Apple on Wednesday lost its appeal to move a lawsuit accusing it of infringing another company's haptic feedback device patents from the Western District of Texas to California, with the Federal Circuit holding that U.S. District Judge Alan Albright's denial of the transfer showed no clear abuse of discretion.
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August 21, 2024
Photographer, De La Hoya Co. End Lennox Lewis Pic Bout
A photographer who sued a promotion business owned by boxer Oscar de la Hoya for using a picture of Lennox Lewis without his permission has reached a settlement, according to a letter sent to the New York federal judge overseeing the case.
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August 21, 2024
Shein Says Temu Engaged In Coordinated IP Theft
Fashion firm Shein hit the companies behind e-commerce platform Temu with an intellectual property suit alleging Temu trains suppliers to specifically infringe Shein's copyrights and trademarks and misappropriate its trade secrets to help secure "an unearned and illicit foothold" in the U.S. market."
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August 20, 2024
Amazon Stuck With $525M IP Loss, Plus $148M In Interest
An Illinois federal judge on Tuesday refused to disturb a jury's $525 million verdict in favor of software company Kove IO Inc. in a dispute with Amazon over cloud data storage patents, rejecting Amazon's argument that there wasn't enough evidence and holding that Kove is entitled to roughly $147.7 million in prejudgment interest.
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August 20, 2024
OnePlus Gets Do-Over For 'Excessive' $10M Pantech Verdict
Chinese phone company OnePlus can have a new trial on damages after it was hit with a $10 million infringement verdict in Pantech Corp.'s patent dispute over technology used to comply with 5G wireless standards, a Texas federal judge ruled, saying, "There is no question this verdict is excessive."
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August 20, 2024
Vans, MSCHF Settle 'Wavy Baby' Sneaker TM Suit
Vans told a New York federal judge Tuesday that it resolved its trademark suit lodged over artist collective MSCHF's Wavy Baby sneaker, urging the court to approve an agreed-upon permanent injunction barring the collective from using Vans' side stripe mark and other elements of its decades-old Old Skool shoes.
Expert Analysis
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Patent Lessons From 7 Federal Circuit Reversals In May
A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Momofuku Chili War May Chill Common Phrase TM Apps
Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.
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Trademark In Artistic Works 1 Year After Jack Daniel's
In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.
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NCAA Settlement May End The NIL Model As We Know It
The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.
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Legal Battles Show Brands' Dilemma In Luxury Resale Trend
Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.
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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.