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Intellectual Property
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July 18, 2024
US Cheerleading Org. Loses TM Fight Over 'Worlds' Marks
A Florida federal judge handed a pair of cheerleading organizations a summary judgment win Wednesday in a trademark infringement lawsuit by U.S. All Star Federation that alleged the rivals ripped off the competitive cheerleading organizational body's signature event's name, finding the contested "Worlds" marks are too generic to be protected.
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July 18, 2024
Pool Co. Wants To Dig Into Rival's Alter Egos For $16M Verdict
Pool supply company Hayward Industries Inc. is looking to force responses from the alter egos of bankrupt rival Blueworks Corp. regarding their assets, bank accounts and property so that Hayward can collect on its $16 million false advertising and unfair business practices judgment.
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July 18, 2024
Rising Star: Robins Kaplan's Emily Niles
Emily Niles of Robins Kaplan LLP helped lead the trial team that scored a $71.4 million jury verdict on behalf of Taiwanese Christmas lights company Willis Electric against a rival in Hong Kong that is the world's largest maker of artificial Christmas trees, earning her a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.
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July 17, 2024
T-Mobile, AT&T, Verizon Accused Of Using Negotiating Cartel
An intellectual property licensing business on Wednesday filed yet another suit against AT&T, T-Mobile and Verizon Wireless, this time accusing the telecommunications companies of wielding their market power and conspiring to refuse to license innovative 4G and 5G wireless communications system technology.
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July 17, 2024
Western Digital Owes $305M Over Hard Drive IP, Jury Told
Hard drive goliath Western Digital owes $305 million for selling drives that infringe MR Technologies' patents for increasing storage capacity, MR's attorney told a California federal jury during opening statements Wednesday, while Western Digital's counsel said the patents are invalid and its products don't infringe anyway.
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July 17, 2024
'Hot Girl Walk' Says Rival Infringed, Set An 'Army' On Brand
Hot Girl Walk, a social media-fueled walking organization, sued the founder of a group called Hot Walk Indy in Indiana federal court on Tuesday, claiming trademark infringement and a plot to "aggressively bully" and "take down" its brand.
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July 17, 2024
Zoho Gets PTAB To Cut Bulk Of Conference Call Patent Claims
Several Patent Trial and Appeal Board decisions have wiped out claims in patents covering ways of coordinating conference calls online, following a challenge from a major Indian software company that's facing an infringement lawsuit over the patents in Texas.
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July 17, 2024
PTAB Tears Down Roof Measurement Patent On Remand
The Patent Trial and Appeal Board has found that Nearmap was able to show that all the challenged claims of an EagleView Technologies Inc. patent on measuring roofs were invalid as obvious, a move that came after the U.S. Patent and Trademark Office's director remanded the case.
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July 17, 2024
Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit
Sony has urged a Texas federal court to sanction a baseball training company and its counsel in a trademark dispute over the digital giant's use of the phrase "future star series" in a popular video game, claiming they launched a lawsuit without investigating material facts and refused to eliminate false allegations.
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July 17, 2024
ITC Affirms Lab Equipment Co.'s Patent Wasn't Infringed
The U.S. International Trade Commission has upheld an administrative law judge's finding that a California biotechnology outfit did not infringe a German laboratory equipment supplier's patent.
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July 17, 2024
Many AI Patent Eligibility Issues Still Hazy After Guidance
The U.S. Patent and Trademark Office's new guidance on patent eligibility for inventions involving artificial intelligence provides some helpful details for patent applicants, but attorneys say it leaves unanswered questions that will likely require court decisions or legislation to sort out.
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July 17, 2024
Fed. Circ. Tells ParkerVision To Close Fla. Case Before Appeal
The Federal Circuit has ordered ParkerVision and Qualcomm to make a Florida federal judge explicitly end counterclaims in long-running infringement litigation between the two before continuing with ParkerVision's appeal.
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July 17, 2024
CBP Clears Vilox Tiles Of Infringing Patents In Import Dispute
U.S. Customs and Border Protection has ruled Vilox has shown its licensees' vinyl floor panels do not infringe Mohawk Industries Inc. patents and can be imported into the U.S.
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July 17, 2024
Steve Madden Raises IP, Libel Claims In Sandal Feud
Steven Madden Ltd. has filed suit alleging Danish "affordable luxury" brand Ganni A/S falsely claimed two of the U.S. company's shoe designs infringed Ganni's intellectual property.
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July 17, 2024
Investigator Argues Mogul's Hacked Data Aren't Trade Secrets
A private investigator accused of taking part in an international hacking conspiracy targeting airline mogul Farhad Azima is looking for a win after a protracted discovery battle, saying Azima has failed to prove the allegedly stolen data contained his trade secrets.
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July 17, 2024
Yet Another Patent Owner Wants High Court To Review Alice
A small Alabama company that claims to have invented a new way of "processing returned mail" is the latest to complain to the U.S. Supreme Court about the state of patent eligibility law after the company was unable to enforce its patent against the U.S. Postal Service.
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July 17, 2024
Boehringer Wants Inhaler Antitrust Case Moved To Mass.
Boehringer Ingelheim Pharmaceuticals Inc. has urged a Connecticut federal court to transfer a proposed class action accusing it of blocking generic versions of two inhaler medications, saying a similar case was filed in Massachusetts several weeks earlier.
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July 17, 2024
Colo. Firm Says Ex-Director Stole Clients While On Payroll
Colorado boutique Whitcomb Selinsky PC is accusing one of its former directors of trying to steal clients while he was still employed with the firm to take with him to his new practice.
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July 17, 2024
YouTube Gets $92K In Costs Over Nixed Anti-Piracy Suit
A Florida federal judge has granted YouTube more than $92,000 in legal costs after the company defeated copyright claims by a movie producer who said the platform failed to remove all videos from his large collection of Mexican and Latin American films.
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July 17, 2024
ArentFox Schiff Lands IP Atty From Morgan Lewis In SF
ArentFox Schiff LLP has added a former Morgan Lewis & Bockius LLP associate in the firm's office in San Francisco, strengthening its intellectual property practice with a former prosecutor and litigator who helped a client win a $268 million award.
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July 17, 2024
Rising Star: Quinn Emanuel's Ognjen 'Ogi' Zivojnovic
Ognjen "Ogi" Zivojnovic of Quinn Emanuel Urquhart & Sullivan LLP successfully represented a small tech company in a patent dispute with Meta Platforms Inc. and got Salesforce Inc. a summary judgment victory when it was sued for allegedly infringing patents, earning him a spot among the intellectual property attorneys under the age of 40 honored by Law360 as Rising Stars.
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July 17, 2024
Thom Browne Says Adidas Hasn't Earned Stripes In TM Spat
New York fashion brand Thom Browne accused Adidas on Wednesday of trying to monopolize any use of a three-stripe design in clothing and footwear as a trial got underway in London over the multijurisdictional trademark dispute.
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July 16, 2024
5th Circ. Hands Loss To Canadian Standards Group In IP Fight
A split Fifth Circuit panel said a lower court improperly gave a win to the Canadian Standards Association in a copyright suit over electrical codes, telling the lower court to give a win to P.S. Knight Co. Ltd. in the case.
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July 16, 2024
Squishmallows' Build-A-Bear IP Suit Not Just Fluff, Court Says
The Build-A-Bear Workshop toy company can't escape claims that its Skoosherz stuffed toys infringe the trade dress and copyright of Kelly Toys' popular Squishmallows, a California federal judge ruled, saying the complaint plausibly alleges substantial similarities between the two plushie brands.
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July 16, 2024
UPC Knocks Out Amgen's Cholesterol Drug Patent
The Unified Patent Court on Tuesday ruled that Amgen's patent covering the cholesterol drug Repatha isn't valid in the European Union, less than a year after justices on the U.S. Supreme Court made a somewhat similar call on U.S. patents covering the same drug.
Expert Analysis
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Fed. Circ. Defines Foreign IP Damages, Raises New Questions
In Brumfield v. IBG, the Federal Circuit recently clarified which standard determines the extraterritoriality of the patent statute after the U.S. Supreme Court's WesternGeco decision, opening a new avenue of damages for foreign activities resulting from certain domestic activities while also creating some thorny questions, say Amol Parikh and Ian Howard at McDermott.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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Teach Your Party Representative The Art Of Nonverbal Cues
As illustrated by recent reports about President Donald Trump’s nonverbal communication in court, jurors notice what’s happening at counsel table, which may color their perceptions of the case as a whole, so trial attorneys should teach party representatives to self-monitor their nonverbal behaviors, says Clint Townson at Townson Consulting.
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Fintiv Denials Are On The Rise At PTAB
Following last year's CommScope v. Dali decision, the Patent Trial and Appeal Board is increasingly using Fintiv factors to discretionarily deny inter partes review petitions — and attorneys ignore it at their peril, say Josepher Li and Michelle Armond at Armond Wilson.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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What Have We Learned In The Year Since Warhol?
In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says Jose Sariego at Bilzin Sumberg.
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Practical Pointers After Fed. Circ. Double-Patenting Decision
With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.
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Clemson's ACC Exit Fee Suit May Have Major Consequences
Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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10 Years After Alice, Predictability Debate Lingers
A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.