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Intellectual Property
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October 21, 2024
NCAA Wants Suit From Ex-College Basketball Players Tossed
The NCAA wants a New York federal court to dismiss a lawsuit by men's college basketball players that accuses the organization of exploiting their name, image and likeness by continuously replaying their highlights from March Madness, arguing that it fails in numerous ways, including time-barred claims.
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October 21, 2024
Justices Told Newman's Suspension Preventing Fair Hearings
The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman.
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October 21, 2024
In OpenAI Copyright Case, Court Told, 'Too Many Cooks'
Lawyers for some of the media companies and groups hitting up OpenAI and Microsoft with copyright cases say they have major reservations about marrying their cases, warning about rushed discovery and "forcing too many cooks into the same kitchen."
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October 21, 2024
GPS Maker Accused Of Infringing Car Data Monitoring Patent
A Texas company sued GPS tracking device maker Linxup LLC on Monday in North Carolina federal court, accusing it of infringing a patent on a device that can monitor a car's operations data.
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October 21, 2024
Tesla Used AI 'Blade Runner 2049' Image For Sales, Suit Says
When Alcon Entertainment wouldn't let Tesla use an image from "Blade Runner 2049" in an event live-streamed from a Warner Bros. Discovery studio to promote an autonomous taxicab, the electric vehicle giant used an infringing image created by artificial intelligence, according to a lawsuit filed Monday in California federal court.
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October 21, 2024
Weight Loss Clinic Denied Quick Relief In TM Suit
A North Carolina hospital and healthcare provider don't have to stop using the trademarks targeted in a weight loss clinic's infringement suit, a federal judge ruled Monday, finding that the clinic will not suffer significant consequences absent the immediate relief.
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October 21, 2024
Eversheds Sutherland Adds NCAA Veteran To Education Team
Eversheds Sutherland announced Monday that it has added the former associate director of enforcement for the National Collegiate Athletic Association to bolster its higher education services and its global sports practice.
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October 21, 2024
News Corp. Subsidiaries Hit AI Co. With Copyright Suit
The publishers behind the Wall Street Journal and the New York Post have said in a new lawsuit that an artificial intelligence company is ripping off the news organizations' work, saying the AI company's "answer engine" has copied huge amounts of copyrighted material.
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October 21, 2024
20-Year FBI Vet Joins Motion Picture Association In California
A former supervisory special agent with the FBI has joined the Motion Picture Association in Los Angeles to work as vice president of the group's content protection enforcement for the Americas region, and for its Alliance for Creativity and Entertainment, according to a Monday announcement.
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October 21, 2024
Lawsuit By Wireless Tech Co. Too Late, Mass. Co. Says
A Massachusetts display technology company urged a Colorado federal judge to find that trade secrets and breach of confidentiality claims lobbed against it from a former business partner were launched too late.
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October 21, 2024
MVP: Brooks Kushman's Christopher Smith
Brooks Kushman PC shareholder Christopher Smith has won a series of Patent Trial and Appeal Board proceedings for Ford Motor Co. and helped the automaker cut a $105 million jury verdict down to $3, earning him a spot as one of Law360's 2024 Intellectual Property MVPs.
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October 18, 2024
Law360 MVP Awards Go To Top Attys From 74 Firms
The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.
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October 18, 2024
Lenovo Can't Use Subsidiary To Dodge IP Suit, Gilstrap Rules
A Texas federal judge on Thursday denied Lenovo Group Ltd.'s bid to toss patent infringement claims brought by a patent licensing company owned by Wi-LAN Inc., rejecting the Chinese computer giant's argument that it is a mere holding company lacking sufficient contacts with the Lone Star State.
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October 18, 2024
Fritos Didn't Defame In Flamin' Hot Cheetos Feud, Judge Told
An attorney for Frito-Lay Inc. on Friday urged a California federal judge to dismiss a former employee's suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, saying it's not inherently defamatory to disagree about the snack's origins.
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October 18, 2024
Fed. Circ. Sinks BofA's Fight Over Image Recognition Patents
Bank of America had no luck Friday in an appeal seeking to revive a handful of challenges targeting patents owned by companies run by billionaire Patrick Soon-Shiong that are suing the bank in California federal court.
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October 18, 2024
What Attorneys Expect From Harris And Trump On Patents
Patents have scarcely been mentioned during the presidential campaign, but attorneys say that positions taken by the candidates suggest Donald Trump would favor stronger patent rights, while Kamala Harris would focus on steps to make drugs and other patented inventions more widely available.
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October 18, 2024
Tech Cos. Ask 9th Circ. To Skip DMCA Probe In GitHub IP Suit
Microsoft, GitHub and OpenAI have told the Ninth Circuit to rebuff an interlocutory appeal petition from a group of anonymous software developers who want clarity on whether the Digital Millennium Copyright Act requires an infringing copy to be identical to the original to claim a DMCA violation, saying the injury the group alleges is theoretical.
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October 18, 2024
Fed. Circ. Won't Question Reviving Vascepa Skinny Label Row
The Federal Circuit has said the full appellate court will not rethink a panel's decision reinstating Vascepa maker Amarin Pharma Inc.'s skinny label patent case against rival U.K. drugmaker Hikma.
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October 18, 2024
Teva Signs Deal With Indirect Buyers In Effexor Antitrust Suit
A class of consumers and third-party payers have reached a deal with Teva Pharmaceuticals to resolve antitrust litigation over a purported scheme to delay generic competition for the antidepressant drug Effexor XR, according to a court filing.
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October 18, 2024
Biotech Co. Wins Injunction Against Ex-Worker In Secrets Suit
Biotech startup Trilobio Inc. won a temporary restraining order against a former employee after a California federal judge concluded the company has a strong likelihood of success on its claims that the worker stole trade secrets to start his own business after being fired for poor performance.
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October 18, 2024
Dick's Sporting Goods Escapes NY Apparel Co.'s $8M TM Suit
A New York-based sports apparel company has dropped its $8 million federal lawsuit accusing Dick's Sporting Goods of infringing its registered logo featuring an infinity symbol.
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October 18, 2024
Skiplagged Must Pay American Airlines $9.4M In IP Row
American Airlines came out on top in a suit against airfare search engine Skiplagged Inc., with a jury finding that Skiplagged must cough up $9.4 million for infringing the airline's copyright.
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October 18, 2024
SunPower Corp. Gets OK For Chapter 11 Plan
A Delaware bankruptcy judge Friday approved residential solar technology company SunPower Corp.'s plans to distribute the proceeds of its asset sales to the creditors in its Chapter 11 case after hearing all objections had been resolved or put off.
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October 18, 2024
Justices Told To Skip RFID Patent Row Over Standing
A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.
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October 18, 2024
Google Play Store Injunction Paused To Let 9th Circ. Weigh In
A California federal judge on Friday briefly paused his injunction requiring Google to open up its Play Store to competition while the tech giant seeks an emergency stay of the injunction at the Ninth Circuit, where it's appealing a jury verdict that it illegally monopolized the Android app distribution and payment market.
Expert Analysis
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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A Look At The Economic Impact Of Drug Patent Differentiation
Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.
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Google And The Next Frontier Of Divestiture Antitrust Remedy
The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Defamation Law Changes May Be Brewing At Supreme Court
The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.
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Exploring Practical Employer Alternatives To Noncompetes
With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Breaking Down Director Review Timing At The PTAB
Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.
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Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate
The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.
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Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility
The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.
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Patent Lessons From 4 Federal Circuit Reversals In July
The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Video Game Release Highlights TM Pitfalls Of App Store
The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.
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5 Credibility Lessons Trial Attys Can Learn From Harris' Run
In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.
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Patent Owner Estoppel Questions In The Wake Of SoftView
The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.
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Copyright Termination Opinion Departs From Long-Held Views
In Vetter v. Resnik, a federal court recently held for the first time that termination rights under Section 304 of the Copyright Act recapture domestic and foreign rights where the original grant was for "worldwide" rights — misinterpreting a basic principle of international copyright treaties, say Rebecca Benyamin and Eric J. Schwartz at Mitchell Silberberg.