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Intellectual Property
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October 04, 2024
NCAA's Legal Woes Grow With Ex-Ohio State QB's NIL Suit
Former Ohio State University star quarterback Terrelle Pryor, whose college career abruptly ended after the NCAA suspended him for profiting off his own memorabilia, filed a proposed antitrust class action in Ohio federal court Friday accusing the NCAA and others of profiting from his name, image and likeness while denying him and other athletes compensation.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 03, 2024
Gilead Makes Generic HIV Drug Plan, Advocates Urge Expansion
Gilead Sciences Inc. this week announced a plan to allow six drugmakers to produce generic lenacapavir to help combat the HIV pandemic in 120 lower-income countries, an initiative that won praise as a welcome step Thursday, although advocacy groups urged the company to expand the effort.
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October 03, 2024
Intel Calls VLSI's Ownership, Funding Disclosures Insufficient
Intel is urging Delaware's chief federal judge to make VLSI Technology reveal its ownership and sources of litigation funding, saying the disclosures provided so far in their dispute over the scope of a patent license are "plainly deficient."
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October 03, 2024
Boston Pharma Co. Drops Another Moderna Patent Suit
A Boston pharmaceutical developer once again has agreed to drop a patent lawsuit against Moderna over its popular coronavirus vaccines after losing a claim construction ruling in front of Delaware's top judge.
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October 03, 2024
Full Fed. Circ. Won't Look Into PTAB Estoppel Rule
The Federal Circuit will not reconsider a panel's holding that Patent Trial and Appeal Board rulings can be used to find claims invalid in future U.S. Patent and Trademark Office proceedings.
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October 03, 2024
Apple Loses Patent In Fight With Masimo At PTAB
An Apple Inc. patent that covers its Apple Watches has failed to hold up in front of an administrative patent board after it was challenged by health technology company Masimo Corp.
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October 03, 2024
Fed. Circ. Says Crocs' Fake IP Claims Could Be False Ads
The Federal Circuit on Thursday revived false advertising claims against Crocs Inc., which a competitor said improperly stated that its shoes were made with "patented, proprietary, and exclusive" materials.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Startup Undercuts Its Case In Trade Secrets Brief, AIG Says
A group of AIG insurers told a New Jersey federal court that a competitor insurance startup they've accused of misappropriating their trade secrets undercut its own arguments for dismissal by citing a case that "does nothing to undermine the many cases" AIG has previously cited in opposition.
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October 03, 2024
Stanford Profs Deny Roche's Trade Secret Theft Accusations
Three Stanford University oncology professors sued by subsidiaries of F. Hoffmann-La Roche AG for allegedly stealing confidential information about cancer-detecting technology have denied the accusations, saying in California federal court that Roche's purported trade secrets were not secret, and even if they were, Roche does not own them.
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October 03, 2024
Chinese Nationals Get Prison For Counterfeit IPhone Caper
Two Chinese citizens residing in Maryland have been sentenced to prison after being convicted for their roles in a $2.5 million scam that involved submitting over 6,000 counterfeit iPhones to Apple, inducing the company to replace the fakes with real smartphones.
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October 03, 2024
Ex-Manager Agrees To Protect Security Co.'s $85M Biz Book
A Connecticut federal judge has rubber-stamped a promise by the American arm of international security firm Prosegur to wipe information from its computers allegedly uploaded by a newly hired senior vice president the company poached from a rival, including a book said to detail $85 million in competing business.
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October 03, 2024
NCAA's Refined NIL Settlement Still Faces Opposition
The fight to approve a $2.78 billion antitrust settlement over the NCAA's name, image and likeness compensation rules grew tougher this week as a new group of athletes voiced their opposition to the deal's "illusory, contradictory and overreaching" terms.
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October 03, 2024
Mintz IP Partner Is Equal Parts BigLaw And Punk Rock
A member of five different New York-area bands playing upward of 50 shows per year, Mintz partner Brad Scheller is used to trading in his suit and tie after hours for a punk rock T-shirt.
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October 03, 2024
US, France Extend Patent Prosecution Highway
French and American authorities announced plans Thursday to extend their deal to fast-track patent examinations for IP already approved in the other jurisdiction for another five years.
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October 02, 2024
Kirkland Accuses Ex-IP Atty Of Delaying Bias Suit Discovery
Kirkland & Ellis LLP told a California federal magistrate judge Wednesday that a former Kirkland intellectual property associate has delayed discovery production in her discrimination lawsuit against the firm, arguing that her discovery responses cite an erroneous legal standard, are non-committal and are "not even close to being proper."
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October 02, 2024
Sonos Beats Remaining Claims Of Google Speaker IP Suit
A California federal judge on Wednesday dropped the remaining patent infringement claims in Google's wireless technology battle against speaker maker Sonos Inc., rejecting the tech giant's contention that there was substantial evidence of infringement.
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October 02, 2024
Google Hit With Renewed Voice Assistant Antitrust Case
Sensory Inc. has accused Google of illegally maintaining its monopolies over search and the advertising that appears alongside search results in part by blocking rival voice assistant products from running on Android and other devices.
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October 02, 2024
Chancery To Mull Receiver In Drug Co. Consulting Bill Row
Delaware's Supreme Court has appointed a Superior Court judge to sit as a vice chancellor in a suit seeking a receiver for a Dubai-headquartered bio-pharmaceutical company that has run up nearly $600,000 in $3,000-per-day sanctions and counting for failing to comply with an initial $180,000 judgment.
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October 02, 2024
Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug
Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.
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October 02, 2024
Amarin Says Sky Isn't About To Fall In Skinny Labels Fight
Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry."
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October 02, 2024
NY Judge Not Confused By Irish Butter Packaging
The company behind the Kerrygold butter brand has failed to convince a federal judge in New York that consumers were confused by a smaller, newer Irish butter brand, per a ruling that called the businesses' respective packaging "markedly dissimilar."
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October 02, 2024
Sports Field Sweeper Inventor Says Sons Infringed Patent
An Australian company that invented a mechanical sweeper system to clean sports fields alleges in a Colorado federal lawsuit that the sons of the technology's inventor are selling infringing sweepers in the United States.
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October 02, 2024
Fed. Circ. Orders Damages Redo In $11M Meat Sorter IP Fight
The Federal Circuit on Wednesday called for a new damages trial in Provisur Technologies Inc.'s $10.5 million patent infringement win over Weber Inc., taking issue with how a Missouri federal court looked at willfulness and apportionment.
Expert Analysis
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Recent Settlement Shows 'China Initiative' Has Life After Death
Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.
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How Orange Book Antitrust Scrutiny Is Intensifying
Pharmaceutical patent holders should be reviewing Orange Book listing practices, as the Federal Trade Commission takes a more aggressive antitrust approach with actions such as the Teva listing probe, and the U.S. Food and Drug Administration calls attention to potentially improper listings, say attorneys at McDermott.
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Trending At The PTAB: 1 Year Of Denials Of Institution
An analysis of Patent Trial and Appeal Board denials of institutions between May 2023 and May of this year highlights the board’s common reasons for denial, which can provide insight to both petitioners and patent owners in future proceedings, say Kevin Rodkey and Victor Palace at Finnegan.
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Questions Linger About DTSA's Scope After Motorola Ruling
The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.
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Opinion
Conception Is The Proper Test For AI-Assisted Inventions
The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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How In-House IP Counsel Can Deal With AI's Rise
Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.
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7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation
The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Patent Ruling Shows A Minor Typo Can Lead To A Major Loss
A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Leveling Up IP Protections For Video Game Icons' Film Debuts
Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.