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Intellectual Property
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July 15, 2024
Litigation Funder Wants Apple's Bid For Docs Moved To Calif.
A litigation funding company is urging a Delaware federal judge to transfer Apple Inc.'s bid for documents related to a patent dispute with Finnish company MPH Technologies Oy. to California federal court, saying the motion to compel should be adjudicated in the Golden State.
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July 15, 2024
Quinn Emanuel Barred From Repping X In Scraping Case
Quinn Emanuel Urquhart & Sullivan LLP can no longer represent social media giant X Corp. in the company's lawsuit against Bright Data Ltd., with a California federal judge finding the law firm violated its duty of loyalty to Bright Data after previously representing it in a "substantially related" case.
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July 15, 2024
Rising Star: Irell's Stephen Payne
Stephen Payne of Irell & Manella LLP has advised clients on disputes worth hundreds of millions, including as part of the team that secured what his firm calls the third-largest patent verdict in the U.S. on behalf of chipmaker Netlist Inc., earning him a spot among the fund formation law practitioners under age 40 honored by Law360 as Rising Stars.
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July 15, 2024
Dow Chemical Seeks Recusal After Settlement Offer Gaffe
The Dow Chemical Co. asked an Ohio federal judge to recuse himself from a trade secrets suit brought by a Cleveland technology firm accusing it of misappropriating confidential information to recreate the firm's copyrighted software after the tech company showed the court a settlement offer without Dow Chemical's approval.
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July 12, 2024
Rising Star: Gibson Dunn's Jaysen Chung
Gibson Dunn & Crutcher LLP's Jaysen Chung has represented numerous big name clients — such as Pfizer, Dell and Apple — in successful patent litigation throughout his career, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.
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July 12, 2024
Law360 Names 2024's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.
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July 12, 2024
Winery Gets $666K Fees After Winning $666K Trademark Row
An Italian winemaker won $666,214 in fees and postjudgment interest for prevailing against a Napa Valley, California, rival in a trademark dispute over similarly named wines, after a New York federal judge said the case was "exceptional," considering the defendants' continued use of the infringing name even after being sued and agreeing to stop.
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July 12, 2024
10th Circ. Tosses Prof's Conviction In 'China Initiative' Case
A split Tenth Circuit panel has reversed the conviction of a former University of Kansas professor accused of hiding the fact that he was pursuing a job in China, ruling that prosecutors hadn't offered enough evidence to prove that his omission was material to any federal agency funding decision.
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July 12, 2024
Ramey Says 'Any Competent' Atty Wouldn't Seek Sanctions Yet
Ramey LLP, counsel for mobile payment company AuthWallet LLC, has urged a Texas federal judge to reject a bank's attempt to sanction the company's attorney, saying the request is premature since the case doesn't have a prevailing party yet.
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July 12, 2024
Fed. Circ. Upholds Natera's Injunction In Cancer Test IP Fight
The Federal Circuit on Friday upheld a preliminary injunction barring NeoGenomics Laboratories Inc. from selling certain cancer tests while a North Carolina federal court decided whether they infringed Natera Inc. patents.
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July 12, 2024
Fed. Circ. Probes Case With Apple Watch Import Ban At Stake
In a case that could lead to a U.S. International Trade Commission import ban on the Apple Watch amid a patent dispute with AliveCor, Federal Circuit judges asked both companies Friday why a patent office tribunal that invalidated the patents didn't see evidence from the ITC case.
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July 12, 2024
VW Lawyers Win Fees From 'Sloppy' Texas Patent Atty
A federal judge in Houston has said a lawyer behind over 700 patent lawsuits over the past three years is personally liable to pay Finnegan Henderson Farabow Garrett & Dunner LLP's fees over his "sloppy" and "offensive" case against Volkswagen.
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July 12, 2024
VLSI Continues Fight Against Intel In Patent Litigation
VLSI has launched a fight in Texas federal court against an argument that Intel made in Delaware federal court that it had a license to various patents.
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July 12, 2024
Lenovo Dodges Deposition Bid In Texas Software Patent Fight
Lenovo has skirted a subpoena seeking witness testimony in a patent case involving two rival software companies and the computer giants HP and Dell, with a North Carolina federal judge finding that the request was "overbroad" and not well justified given that Lenovo isn't part of the suit.
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July 12, 2024
Tequila Co. Wants Out Of Brewer's 'Dragon's Milk' TM Suit
A Mexican tequila company said a judge should dismiss a trademark action filed by a Michigan craft brewer to protect its use of the name "Dragon's Milk," saying it hasn't threatened to assert infringement of its "Casa Dragones" mark.
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July 12, 2024
AIG Says Ex-Execs Who Started Rival Co. Stole Trade Secrets
Insurance giant American International Group is accusing three of its former senior executives of unlawfully using confidential company information to launch a startup New Jersey insurance company.
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July 12, 2024
Zimmer Biomet Owes Despite Expired Patents, 7th Circ. Says
Zimmer Biomet Holdings shouldn't have stopped paying royalties on knee replacement devices it developed using an orthopedic surgeon's various patents after those patents expired, the Seventh Circuit said Friday, backing a lower court's decision affirming an arbitration ruling in favor of the surgeon's estate.
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July 12, 2024
Steris Infringing 'AST' Trademark, Medical Equipment Co. Says
Medical supply company Steris Corp. is allegedly infringing the "AST" trademark of a Washington engineering and medical equipment firm, according to a complaint filed Friday in Washington federal court.
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July 12, 2024
Fed. Circ. To PTAB Detractor: Didn't We Do This Already?
The Federal Circuit seemed confused Friday by Arbor Global Strategies' argument that the Patent Trial and Appeal Board was acting outside the Administrative Procedure Act when it invalidated the company's processor module patent claims, since they'd tackled that question in an earlier precedential opinion.
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July 12, 2024
NPE Patent Suits Up 19% From 2nd Half Of 2023
The number of patent lawsuits filed by so-called nonpracticing entities has continued to increase in the past year, with the Eastern District of Texas being the top district in terms of patent litigation, according to a new report.
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July 12, 2024
AbbVie Brings Atty-Client Privilege Fight To Supreme Court
Drugmaker AbbVie has set its sights on the U.S. Supreme Court, asking justices to weigh in on a discovery battle over what it believes are privileged attorney-client communications relating to a "sham" Pennsylvania patent case.
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July 12, 2024
Litigation Funding 'Abuses' Targeted By Federal Lawmakers
Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.
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July 12, 2024
Biggest Washington Decisions Of 2024: A Midyear Report
The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.
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July 12, 2024
Polsinelli Hires Longtime Daspin & Aument IP Atty In Chicago
Polsinelli PC has hired a Daspin & Aument LLP attorney in Chicago as an intellectual property litigation practice shareholder, after he spent almost 17 years with the firm, according to an announcement Thursday.
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July 12, 2024
Microsoft Squashes Beef With Ex-Engineer Over Xbox Patents
Microsoft has resolved litigation with a former software engineer who was fighting with the company over whether he could claim to own patents that he says Microsoft uses in its Xbox software.
Expert Analysis
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CORRECTED: Endoscope Patent Case Offers Guidance On Right To Repair
An Alabama federal court's decision in Karl Storz v. IMS reaffirmed that product owners have broad rights to repair or modify their property as they see fit, highlighting the parameters of the right to repair in the context of patent infringement, say Dustin Weeks and Dabney Carr at Troutman Pepper. Correction: Due to an editing error, a previous version of this article and headline attributed the Karl Storz ruling to the wrong court. The error has been corrected.
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Timing Is Key For Noninfringing Alternatives In Patent Cases
A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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Film Plagiarism Claims May Foreshadow AI Copyright Issues
The contentious plagiarism dispute over the Oscar-nominated screenplay for "The Holdovers" may portend the challenges screenwriters will face when attempting to prove copyright infringement against scripts generated by artificial intelligence technology, says Craig Smith at Lando & Anastasi.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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The Tricky Implications Of New Calif. Noncompete Laws
Two new California noncompete laws that ban certain out-of-state agreements and require employers to notify certain workers raise novel issues related to mergers and acquisitions, and pose particular challenges for technology companies, says John Viola at Thompson Coburn.
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Patent Ownership Issues In Light Of USPTO AI Guidance
Recently published guidance from the U.S. Patent and Trademark Office establishes that inventions created using artificial intelligence may be patentable if a human also significantly contributes, but ownership and legal rights in these types of patents are different issues that require further assessment, says Karl Gross at Leydig Voit.
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Opinion
Why USPTO Should Issue Inherency Guidance Memo
The U.S. Patent and Trademark Office should issue a new guidance memo in regard to the standard for inherency during the examination process, as the standard is frequently misapplied during prosecution, and consistency of the standard in the USPTO should match that in the federal courts, says Irving Feit at Lucas & Mercanti.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Fears About The End Of Chevron Deference Are Overblown
While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.
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How Suit Over An AI George Carlin May Lead To Legislation
George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.
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Parsing Chinese Governance On AI-Generated Content
As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.
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Negotiating Milestones In Pharma Licenses Requires Care
For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Trending At The PTAB: How Q1 Policymaking Affects Practice
Attorneys at Finnegan consider the first quarter's U.S. Patent and Trademark Office policymaking initiatives and how they may affect practice before the PTAB, including a rule that would codify the current pilot program that allows patent owners two opportunities to amend the challenged claims.