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Intellectual Property
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September 18, 2024
Fed. Circ. Revives Astellas Patent Axed As Natural Law
The Federal Circuit on Wednesday vacated a lower court's invalidation of an Astellas Pharma overactive bladder medication patent for claiming only a natural law, saying the holding was improper because the generics makers accused of infringement never made that argument.
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September 18, 2024
Nintendo Stole BlackBerry IP For Devices, Patent Holder Says
Nintendo has been hit with a patent infringement suit in Washington federal court by an Irish firm that holds the rights to many of BlackBerry's inventions, targeting technologies used in controllers for the popular Switch console and other gaming accessories.
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September 18, 2024
VLSI Wants Intel License Fight To Be Tossed Or Sent To Texas
VLSI is fighting against a suit in which Intel has claimed it already has a license to various VLSI patents, saying the case should either be transferred out of Delaware federal court or dismissed outright.
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September 18, 2024
Modelo Says Texas Beer Co. Ripping Off Corona, Other Brands
Modelo and Constellation Brand have sued a Texas-based beer distribution company in federal court, accusing it of selling and advertising beer products that imitate the names, color schemes and marks of their beers, including Corona, Pacifico, Barrilito and Victoria.
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September 18, 2024
USPTO Makes Patent Amendment Program Permanent
The U.S. Patent and Trademark Office on Wednesday made permanent a pilot program that assists patent owners seeking to amend patent claims in America Invents Act reviews by providing preliminary feedback about proposed changes.
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September 18, 2024
Georgia High Court Won't Hear Missed Patent Deadline Case
The highest court in Georgia has decided not to take up an appeal from a neurosurgeon in his nearly $102 million lawsuit, letting stand a lower court's finding that a patent docketing contractor used by remote law firm FisherBroyles can't be held liable for a missed patent application deadline.
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September 18, 2024
Toss Atty Input Overboard, Says Org. In Blackbeard Image Spat
A marine research organization and a state cultural resources agency have urged the North Carolina Business Court to scrap testimony from attorneys from trial evidence in a contract battle over the use of images and video of Blackbeard's shipwreck.
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September 18, 2024
IP Firm Prevails In Malpractice Suit Over Dueling Patent Apps
A Boston intellectual property law firm on Wednesday ducked a legal malpractice suit brought by a Colorado technology company alleging the firm betrayed it while filing patents on behalf of another client, after a Massachusetts federal judge found an absence of attorney-client relationship sunk the claims.
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September 18, 2024
Pa. AG Sues Robot Co. Over $2M In Unfilled Orders, Refunds
A Pittsburgh robotics company took orders for more than $4 million worth of robot toys but failed to deliver many of them — and in the case of a toy based on the TV show "Rick and Morty," didn't secure the intellectual property rights — according to a consumer protection lawsuit announced by the Pennsylvania Attorney General's Office on Wednesday.
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September 18, 2024
SF Says Oakland Airport Name Change Is 'Copycat Branding'
San Francisco officials are urging a California federal court to block Oakland's attempt to incorporate "San Francisco Bay" into its airport name, accusing Oakland of "adopting a copycat brand" to attract more travelers.
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September 18, 2024
ITC Looking At Advanced Bionics Implant Patent Claims
The U.S. International Trade Commission said it will look into allegations from Switzerland's Advanced Bionics that Austria's Med-El has been infringing cochlear implant hearing aid technology.
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September 18, 2024
Conn. Investment Adviser Stole Secrets, Ex-Employer Says
An employee of a Connecticut investment advisory firm started a competing company and solicited his employer's clients before suddenly resigning and taking trade secrets to his new business, according to a new lawsuit in state court.
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September 18, 2024
NCAA Must Give Up Control To Reach Suitable NIL Settlement
The date set by a California federal judge for the NCAA and the athletes suing it over name, image and likeness compensation to iron out issues with their proposed $2.78 billion settlement is fast approaching, and according to experts, a rational solution that would satisfy the two sides and the law might not exist.
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September 18, 2024
No Excess Coverage For Atos' Trade Secrets Suit, Judge Says
A Liberty Mutual unit doesn't owe coverage to a subsidiary of French information technology giant Atos for an underlying trade secrets suit, a New York federal court ruled, saying the company failed to provide timely notice of the claim as required by its $10 million errors and omissions policy.
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September 18, 2024
Texas Firm, Marketing Biz Settle 'Click To Call' Ad Scheme Suit
A Houston-based personal injury firm has reached a settlement with an Oklahoma-based marketing company it accused in a federal lawsuit of diverting clients and business to competitors through misleading advertisements in a click-to-call scheme.
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September 18, 2024
Calif. Gov. Signs Suite Of Bills Combating AI Deepfakes
California Gov. Gavin Newsom on Tuesday signed five first-in-the-nation artificial intelligence-related bills giving actors more protections over their digital likenesses and reining in the use of AI-generated deepfakes during elections.
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September 18, 2024
Breitling Can't Get $1.4M Fee In Jeweler's 'Red Gold' TM Suit
A Connecticut federal judge has rejected a request for $1.48 million in attorney fees by Swiss watchmaker Breitling SA and its American arm after they beat trademark infringement claims brought by a California jeweler, ruling that the claims may have been unsuccessful but that they were "not frivolous."
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September 18, 2024
Another IP Team Joins Barclay Damon From DC Boutique
Three intellectual property attorneys from the D.C.-based boutique firm Gardella Grace PA have moved their practices to Barclay Damon LLP, making them the second IP group to move to Barclay Damon from a boutique in the last five months, according to a Tuesday announcement.
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September 17, 2024
Bible Tabs Maker Says Chinese Co. Sold Amazon Dupes
The maker of Bible index tabs has sued a Chinese company allegedly selling knock-offs on Amazon that copy the brand's "expressive, ornamental and distinctive floral designs."
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September 17, 2024
JM Smucker Says Rival Is Spreading Uncrustable Lies
A Los Angeles-based online snack retailer is smearing the image of J.M. Smucker Co.'s signature Uncrustables sandwiches through defamatory social media posts and false claims that its own products are nutritionally superior, the jam giant alleged Monday in an Ohio federal court complaint.
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September 17, 2024
2nd Circ. Lets American Girl Doll Counterfeit Case Proceed
The Second Circuit on Tuesday held that doll manufacturer American Girl LLC could move ahead with its New York federal suit accusing a China-based company of selling counterfeit versions of its dolls, finding that American Girl showed the defendant transacted business in the state.
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September 17, 2024
Ford Barred From Using InterMotive Mark After $13M Verdict
A Michigan federal judge permanently barred Ford Motor Co. from using the name of a California tech company's vehicle control module, following last year's jury award of more than $13 million to the tech maker for infringement by Ford.
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September 17, 2024
Flowers For Miley? Not Without Bruno Mars, Suit Says
Singer Miley Cyrus is accused of lifting extensively from Bruno Mars' popular song "When I Was Your Man" to create her hit "Flowers," according to a copyright suit in California federal court that also targets Sony, Apple, Disney and several others.
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September 17, 2024
Brooklyn Feds Unveil Whistleblower Nonprosecution Plan
The Brooklyn U.S. Attorney's Office on Tuesday announced an initiative to reward corporate whistleblowers with nonprosecution deals amid a broader effort by federal prosecutors to encourage voluntary disclosure of criminal activity.
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September 17, 2024
Tech Co. Takes Shot At Brooklyn Nets Over 'Netaverse' Use
The Brooklyn Nets have damaged the reputation of hardware and software technology company Phinge Corp. by unlawfully using the phrase "netaverse," which Phinge has been using since 2022, for the team's virtual reality services, according to a new trademark infringement lawsuit lodged in California federal court.
Expert Analysis
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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.
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Opinion
USPTO's Proposed Disclaimer Rule Would Harm Inventors
The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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15 Quick Tips For Uncovering And Mitigating Juror Biases
As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.
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Tips For Keeping Trade Secrets In The Vault
Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.
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Reducing Patent Litigation Costs Starts With Early Strategy
With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.
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Legal Issues To Watch As Deepfake Voices Proliferate
With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.
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Opinion
'Natural Person' Or Not, AI-Made IP Deserves Protection
The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.
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Lessons On Challenging Class Plaintiffs' Expert Testimony
In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
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Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift
A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors
Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.