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Intellectual Property
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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.
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September 17, 2024
GC Base Salaries At Big Companies On The Rise
General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.
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September 17, 2024
Google Taps In-House Atty For Head Of General Litigation
Google has promoted a longtime in-house attorney to be its head of general litigation, tapping a 13-year veteran of the tech giant who originally studied architectural engineering before going to law school.
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September 17, 2024
Meta Deletes Photo Tagging IP At Fed. Circ.
The Federal Circuit on Tuesday handed Meta Platforms Inc. a win in an infringement case, upholding the invalidation of a patent-holding company's patent on digitally tagging images and dismissing related patents on appeal after they failed to survive at the Patent Trial and Appeal Board.
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September 17, 2024
Addleshaw Goddard Expands IP Team With Five Stobbs Hires
Addleshaw Goddard LLP has hired a five-lawyer team from an intellectual property boutique led by a veteran IP litigator from the high-profile Colin the Caterpillar case as it strives to grow a market-leading team.
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September 17, 2024
Toshiba Sheet-Counting Patent Gets Revoked On Appeal
Toshiba has lost a patent over a sheet-inspecting machine that can count and reject banknotes, after European officials ruled that it was obvious in light of previous patents.
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September 17, 2024
Competitiveness Outranks Climate In New EU Commission
European Commission President Ursula von der Leyen shifted her focus from climate change to boosting competitiveness as she proposed her team of commissioners for the next five-year mandate Tuesday, handing out key jobs covering everything from competition enforcement to trade policy.
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September 17, 2024
Nokia's UPC Clash With Rival Paused Amid German Case
Nokia cannot press ahead with its bid to revoke an Israeli company's connectivity patent at the Unified Patent Court until its "almost identical" German case concludes, an appeals panel ruled Tuesday.
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September 17, 2024
Dutch Bike Maker Proves Rival's 'Fat Bike' Infringes Its Design
A bicycle company has persuaded a Dutch court to prevent its rival from selling its "fat bikes" in the European Union, proving that the wide-tired mount infringes its design rights over a similar bicycle.
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September 17, 2024
EasyGroup Hits Bathroom Retailer For "Easy Bathrooms" TM
Airline and hotel giant EasyGroup is suing a supplier of bathroom equipment for infringing its trademark by using an "Easy Bathrooms" logo reading, saying the company is unlawfully benefiting from its reputation.
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September 16, 2024
Teleflex Gets Another Chance In Catheter Patent Feud
The Federal Circuit on Monday held that a Minnesota district court was wrong to invalidate claims in seven catheter patents Teleflex LLC asserted against Medtronic Inc. as indefinite, finding the lower court took an overly narrow view of how claims are construed.
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September 16, 2024
Injectable Analgesic Maker Wants Generic Version Blocked
Mallinckrodt Pharmaceuticals has sued a rival drugmaker in Delaware federal court, alleging the company copied its injectable version of acetaminophen and infringed four patents in the process.
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September 16, 2024
IBM Wins $45M From Zynga In Gaming Patent Trial
A Delaware federal jury has found that social game developer Zynga Inc. infringed two IBM patents with its interactive games and owes the tech giant $45 million.
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September 16, 2024
Texas Trio Ordered To Pay Lewis Brisbois $1.5M After TM Spat
A Houston federal judge ordered a Texas trio to pay more than $1.5 million in statutory damages to Lewis Brisbois Bisgaard & Smith LLP after finding last month that the group willfully stole the BigLaw behemoth's name for its mediation business in 2022.
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September 16, 2024
Bayer Beats IP Firm's Bid To Nix European MRI Patent
Bayer AG has seen off a challenge by law firm De Simone & Partners to scrap its patent for a type of contrast agent used to improve the quality of MRI scans after European patent officials confirmed that it contained a new compound.
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September 16, 2024
DraftKings, FanDuel Sued Over Use Of MLB Player Images
Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.
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September 16, 2024
Kimberly-Clark Loses EPO Bid For Moist Wipe Patent
Kimberly-Clark Corporation, a personal care manufacturer known for its brands Andrex and Huggies, has lost its appeal at the European Patent Office for its wet wipes, with the authority finding that the product lacked an inventive step and did not sufficiently disclose any invention.
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September 16, 2024
Bosch Loses Fight For Machine-Learning Patent At EPO
Bosch has failed to persuade the appellate panel at a European patent authority that its machine-learning invention warrants patent protection, as officials rejected arguments by the German engineering and technology giant that the current patent system is incompatible with modern AI-based inventions.
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September 16, 2024
Philips Hits Belkin With EU Injunction Over Wireless Charging
Dutch conglomerate Philips has won an injunction against Belkin at the Unified Patent Court, as Philips convinced the court that the German technology company should be barred from selling products that infringe its patent.
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September 16, 2024
CoStar Subscriber Settles Suit Over Property Records Access
Real estate data and analytics provider CoStar Group Inc. has reached a deal with former subscriber Leon Capital Group LLC to settle its claims that Leon downloaded property records from CoStar's database that it was not authorized to access, in a deal that permanently bars Leon Capital from accessing CoStar's data without authorization.
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September 16, 2024
McCarter & English's Misstatement Won't Nix Malpractice Win
A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation — repeated in the judge's opinion — did not warrant reviving the case.
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September 16, 2024
Market Researcher Denies Infringement In 'HarrisX' TM Fight
Market researcher Stagwell has hit back against a claim from Toluna Holdings Ltd., denying allegations that it had infringed its competitor's copyright by using the word "Harris" in its logo and hitting back in a counterclaiming accusing Toluna of bringing the case in bad faith.
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September 15, 2024
'Hold On,' Don't Play Me: Court Says Trump Can't Use Song
Former President Donald Trump and his campaign cannot use the Isaac Hayes-penned song "Hold On, I'm Comin'" at future campaign events, a federal court in Georgia has ruled.
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September 13, 2024
The 2024 Regional Powerhouses
The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.
Expert Analysis
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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.
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ITC Ruling Has Serious IP Implications For Foreign Imports
While a recent U.S. International Trade Commission decision is a win for trade secret owners who can show injury to a U.S. domestic industry, the decision also means that companies operating in foreign jurisdictions will be subject to the requirements of U.S. trade secret law, say Paul Ainsworth and Cristen Corry at Sterne Kessler.
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What The Justices' Copyright Damages Ruling Didn't Address
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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How Clinical Trials Affect Patentability In US And Europe
A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.
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TTAB Ruling Raises Foreign-Language Mark Questions
The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
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Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
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8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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How Copyright Office AI Standards Depart From Precedent
The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.
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IP Considerations For Companies In Carbon Capture Sector
As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.
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Does Expert Testimony Aid Preliminary IPR Responses?
Dechert attorneys analyze six years of patent owners' preliminary responses to inter partes review petitions to determine whether the elimination of the presumption favoring the petitioner as to preinstitution testimonial evidence affected the usefulness of expert testimony in responses.
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Rebuttal
Double-Patenting Ruling Shows Terminal Disclaimers' Value
While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.