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Intellectual Property
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September 23, 2024
Prolific Patent Filer Says 'Prosecution Laches Does Not Exist'
A prolific filer of patents told the Federal Circuit on Monday that a legal doctrine created by the courts to punish filers for deliberately delaying applications "does not exist" under current laws.
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September 23, 2024
Coinbase Brings On Ex-Citadel Legal Chief With SEC Chops
Coinbase announced on Monday it has hired Ryan VanGrack to serve as its vice president of legal, where he will be overseeing civil litigation, regulatory probes, employment and intellectual property matters for the crypto exchange after spending seven years with Citadel Securities as general counsel.
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September 23, 2024
Fed. Circ. Won't Revive Qualcomm Power Amplifier Patent
The Federal Circuit on Monday opted to leave unchanged a handful of rulings from the Patent Trial and Appeal Board involving a Qualcomm patent that was challenged by Intel.
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September 23, 2024
Starbucks Wins At 9th Circ. In 'S'mores' Lip Gloss IP Theft Suit
The Ninth Circuit on Monday refused to revive lip balm company Balmuccino's claims that Starbucks breached an implied contract and misappropriated trade secrets by stealing its idea for coffee-flavored "S'mores Frappuccino" lip gloss, agreeing with the lower court's order that Balmuccino's claims were filed too late.
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September 23, 2024
Oracle Wins $58M In Atty Fees In Software Copyright Suit
Attorneys representing Oracle in its long-running software copyright battle with Rimini Street Inc. were awarded $58 million in fees Monday by a Nevada federal judge who called the tech giant's $69 million request "slightly excessive."
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September 23, 2024
GSK Claims Pfizer Hasn't Proven Misconduct In Vax IP Fight
GlaxoSmithKline is urging a Delaware federal judge to block Pfizer and BioNTech's claims that it has misused its patents tied to COVID-19 vaccination technology, or that it and a predecessor acted inappropriately when applying for those patents.
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September 23, 2024
Fed. Circ. OKs Novartis Loss In Eye Syringe Patent Feud
The Federal Circuit has backed a Patent Trial and Appeal Board finding that more than two dozen claims in a Novartis pre-filled eye injection syringe patent weren't patentable.
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September 23, 2024
PNC, Plaid End Legal Battle With Customer Data-Sharing Deal
PNC Financial Services Group and Plaid have reached an agreement to end nearly four years of trademark litigation that allows PNC customers to use Plaid to share their financial data with fintech companies like Venmo and Cash App.
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September 23, 2024
Ex-Iowa Lawmaker Takes 'Success Kid' Meme Row To Justices
Former Iowa Rep. Steve King has told the U.S. Supreme Court that the mother of the widely memed "Success Kid" engaged in "lawfare" by taking a copyright case against the controversial former politician to trial and ultimately obtaining $750 in damages.
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September 23, 2024
Jury Finds MGA Owes T.I. $71.4M For Ripping Off IP With Dolls
A California federal jury handed rapper T.I. a victory Monday in the third trial over his claims against MGA Entertainment, awarding his side more than $71.4 million in compensatory and punitive damages for infringing the trade dress and publicity rights of the OMG Girlz pop group he co-owns with seven of MGA's O.M.G. dolls.
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September 23, 2024
Cancer Test Cos. Strike Deal For Partial End To Patent Row
Natera Inc. and Neogenomics Laboratories Inc. said they reached a confidential yet partial settlement Friday in their dispute covering intellectual property for a Natera DNA test meant to detect cancer.
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September 23, 2024
Mass. General Asks Court To End Fat Removal Patent License
Massachusetts General Hospital is asking a judge to rule that a patent license agreement for a fat removal system it developed has been terminated, after the licensee allegedly defaulted on its payment obligations.
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September 23, 2024
Shkreli Told To Provide More Info On Wu-Tang Album Copies
A Brooklyn federal judge on Monday ordered Martin Shkreli to update the court on how many tracks he copied from a one-of-a-kind Wu-Tang Clan album after the cryptocurrency group that now owns the work argued Shkreli could be holding out on surrendering all his copies amid the parties' legal battle.
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September 20, 2024
RV Co. Wins $5.5M Enhanced TM Damages, $1.3M Atty Fees
Forest River can collect enhanced damages after a jury determined inTech Trailers infringed its mountain design trademarks on recreational vehicles, an Indiana federal judge ruled Thursday, increasing the award from $2 million to more than $5.5 million to make sure inTech does not profit from its infringement.
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September 20, 2024
JBS Unit Owns Abandoned 'Pollo Picú' TM, 1st Circ. Says
JBS USA unit To-Ricos Ltd. has the right to use the "Pollo Picú" trademark in its sale of poultry products, the First Circuit ruled Thursday, finding that the poultry company established that the mark had been abandoned by the previous trademark owner.
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September 20, 2024
House To Weigh Patent Bill Aimed At Cutting Drug Prices
The U.S. House of Representatives is expected to consider a bill soon that has already cleared the Senate and could streamline patent litigation by curbing the number of patents that makers of biologic drugs can assert over biosimilar drugs.
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September 20, 2024
Hyundai Says Startup Can't Sue In Calif. Over Trade Secrets
South Korea-based Hyundai urged a California federal judge on Friday to toss a lawsuit alleging it stole a North Carolina startup's electric vehicle battery material technology, saying a contract inked by a Silicon Valley Hyundai office doesn't give the district court in California jurisdiction over the matter.
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September 20, 2024
ITC Has Been Launching Fewer Section 337 Investigations
Intellectual property activity at the U.S. International Trade Commission has "decreased somewhat," the agency said in a report Friday.
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September 20, 2024
Baby Biz Can't Get Fees After Beating Shampoo Pitcher IP Suit
A Louisiana federal judge said a 7-year-old fight over baby products "was a hard-fought patent case," rejecting efforts from a Louisiana company to obtain nearly $2 million in legal fees from a Kansas inventor of a pitcher for rinsing out shampoo.
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September 20, 2024
T.I.'s Fight With MGA Over Pop Group IP Goes To Jury Again
An attorney for hip hop moguls T.I. and Tiny Harris told a California federal jury during closing arguments Friday that "common sense" should lead them to find that MGA Entertainment's line of O.M.G. dolls infringed the trade dress and misappropriated the name, likeness and identity of the OMG Girlz pop group.
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September 20, 2024
Alnylam Seeks To End Inventorship Suit Tied To COVID Vax
Alnylam Pharmaceuticals, which alleges that COVID-19 vaccines made by Pfizer and Moderna infringe its patents, has moved in Delaware federal court to dismiss a suit by former collaborator Acuitas Therapeutics Inc. seeking to have its scientists added as inventors on the patents.
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September 20, 2024
Justices Asked To Clarify IP Eligibility In Animation App Case
App developer Plotagraph has asked the U.S. Supreme Court to review a Federal Circuit decision that found its patents that allow users to create the illusion of movement within digital photos or videos were invalid because they were abstract under the high court's Alice decision.
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September 20, 2024
Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar
A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.
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September 20, 2024
Northwestern Scores $6.6M Verdict On 'Cobot' Patents
A Delaware federal jury has awarded $6.6 million to Northwestern University after finding that Universal Robots infringed claims in three patents on collaborative robot, or "cobot," systems.
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September 20, 2024
Conservative Pundit Seeks To Block Calif. AI Election Laws
A content creator who created a viral AI-generated video shared by billionaire Elon Musk that lampoons Vice President Kamala Harris' mannerisms has sued the state and asked a California federal judge to block recently enacted state laws cracking down on election-related deepfakes, arguing the new laws infringe influencers' constitutional rights.
Expert Analysis
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Opinion
To Lower Drug Prices, Harris Must Address Patent Thickets
If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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5 Ways To Confront Courtroom Technology Challenges
Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.
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The Fed. Circ. In August: Secret Sales And Public Disclosures
Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Trending At The PTAB: Obviousness In Director Reviews
Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.
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AI Art Ruling Shows Courts' Training Data Cases Approach
A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.
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FTC Focus: What Access To Patent Settlements Would Mean
Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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Takeaways From UPC's Amgen Patent Invalidity Analysis
The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.
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How Cos. Can Leverage IP In Corporate Bankruptcy
In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Examining Patent Subject Matter Eligibility Of AI Inventions
In light of U.S. Patent and Trademark Office data showing that patent applications for artificial intelligence inventions are likelier to get rejected based on patent-ineligible subject matter, inventors seeking protection should be aware of the difficulties and challenges pertaining to patent eligibility, say Georgios Effraimidis at NERA and Joel Lehrer at Goodwin.
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IP Hot Topic: The Intersection Of Trademark And Antitrust Law
Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.
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When Trauma Colors Testimony: How To Help Witnesses
As stress-related mental health issues continue to rise, trial attorneys must become familiar with a few key trauma-informed strategies to help witnesses get back on track — leaning in to the counselor aspect of their vocations, say Ava Hernández and Steve Wood at Courtroom Sciences.