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Intellectual Property
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August 01, 2024
Philip Morris Regains PTAB Win After Fed. Circ. Loss
The Patent Trial and Appeal Board has again invalidated an R.J. Reynolds unit's vape patent in a challenge initiated by Philip Morris Products SA, following a brief respite for the patent owner at the Federal Circuit.
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August 01, 2024
TTAB Won't Allow Retail TM For Amazon Affiliate Site
The Trademark Trial and Appeal Board in a precedential decision Wednesday upheld a refusal to register a trademark to an Amazon affiliate site that provides referrals but is not actually engaged in retail, delivering a blow to the owner of a culinary website who earns commissions for directing consumers to products sold by third parties.
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August 01, 2024
Alter Egos Say Rival Pool Co. Jumped The Gun On Discovery
The alter egos of bankrupt pool supply company Blueworks Corp. have rebuffed claims that they "simply refuse to answer" requests for discovery from rival Hayward Industries Inc. in its quest to secure a $16 million false advertising and deceptive trade practices judgment.
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August 01, 2024
Journalist Don Lemon Hits X, Musk Over Axed Talk Show Deal
Elon Musk and his social media platform X unlawfully plied former CNN anchor Don Lemon with "false promises and representations" to reel him into a partnership to produce a talk show and other exclusive content, then proceeded to unceremoniously cancel the deal before it could get off the ground, the journalist alleged in a lawsuit filed Thursday.
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August 01, 2024
AliveCor Asks 9th Circ. To Revive Apple Watch Antitrust Case
Medical monitoring startup AliveCor Inc. told the Ninth Circuit that Apple Inc. should not be immunized from antitrust claims over the removal of access to heart rate data on the Apple Watch because the change was intended to block competition and not improve the device.
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August 01, 2024
Merchandising Co. Says Ex-VP Sunk $47M Deal With Lowe's
An ex-merchandising company executive exploited trade secrets to sabotage a $47 million deal with home improvement giant Lowe's Cos. Inc., the executive's former employer has alleged in a federal lawsuit in North Carolina.
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August 01, 2024
AI Cos. Say Music Labels' IP Misuse Will Undo Copyright Suits
Two artificial intelligence startups said Thursday that the major record labels' monopolistic hold on the music industry will doom their federal lawsuits claiming the AI companies infringed copyrighted works while training their neural networks to create original music from user prompts.
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August 01, 2024
Former Stimlabs Exec Doesn't Have To Hand Over Devices
A Georgia federal judge on Thursday blocked a biomedical technology company's bid to seize the digital devices of a former executive accused of downloading thousands of internal files containing sensitive product information in the days and weeks leading up to her ouster from the company this year.
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August 01, 2024
PTAB Takes Out Last Patent From Google's $12M Trial Loss
Google has persuaded the Patent Trial and Appeal Board to invalidate all Flypsi Inc. patent claims tied to the tech giant's $12 million infringement loss in the Western District of Texas.
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August 01, 2024
NC Musician Ends Unpaid Sample Suit With French Montana
A North Carolina songwriter has dropped her lawsuit accusing rapper French Montana of failing to fork over cash for using her music as promised, according to a court filing.
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August 01, 2024
Fed. Circ. Denies PTAB Overreach In Voice Tech IP Invalidation
The Patent Trial and Appeal Board properly invalidated a Voice Tech Corp. patent directed to the use of voice commands and did not make up a new theory in favor of challenger Unified Patents LLC, the Federal Circuit said Thursday.
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August 01, 2024
Airbnb's $1.3B Bill From IRS Overvalues IP, Tax Court Told
Airbnb is challenging a $1.3 billion tax bill tied to income the IRS allocated from overseas, telling the U.S. Tax Court the agency overvalued intellectual property the home-rental giant licensed to its Irish affiliate before going public.
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August 01, 2024
Turf Co.'s Injunction Bid Is Too Vague, Ga. Judge Rules
A Georgia federal judge rejected a major artificial turf manufacturer's attempt to stop a rival turf company from using files allegedly stolen by one of its former executives before he jumped ship, saying the requested injunction was too vague and only sought to force the company to follow existing law.
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August 01, 2024
MoFo Adds 3-Atty IP Litigation Team In NY From Desmarais
A trio of life sciences intellectual property litigation attorneys from Desmarais LLP have joined Morrison Foerster LLP in New York.
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August 01, 2024
Judge Kills Trade Secrets, Contract Suit Against Ex-Director
A federal judge agreed on Wednesday to toss legal industry staffing company HIRECounsel D.C. LLC's breach of contract and trade secrets lawsuits against a former managing director of client relations, saying the company had not managed to prove actual or liquidated damages.
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August 01, 2024
Bipartisan Senator Team Reintroduces Anti-Deepfake Bill
Four senators introduced an updated version of the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024, or the NO FAKES Act, to combat the creation and distribution of fake replicas of people without their consent, drawing major industry support and some backlash.
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July 31, 2024
Lewis Brisbois TM Foe Can't Ax Injunction, 5th Circ. Says
The Fifth Circuit on Wednesday upheld an injunction against three Texans accused of ripping off the Lewis Brisbois Bisgaard & Smith LLP name, saying it's clear the only reason the defendants created the infringing entity "was to ride on the back" of the BigLaw firm's reputation.
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July 31, 2024
Fla. Jury Awards $8.3M In Spat Over Sale Of Pro Player Brand
A Florida jury has awarded Perry Ellis $8.3 million after finding that United Legwear Co. purposely depressed the value of Perry Ellis' Pro Player brand under a licensing agreement to avoid paying fair market value when it purchased the brand later.
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July 31, 2024
AI Prior Art Is Either Nothing New Or A Red Flag, USPTO Told
Technology companies, drugmakers and various industry organizations have represented to the U.S. Patent and Trademark Office that they're torn on how artificial intelligence should be used when determining whether something is patentable over prior art.
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July 31, 2024
Del. Judge Clears Lupin's Generic Kidney Disease Drug
A ruling out of a Delaware federal court on Wednesday prevented a major Japanese pharmaceutical company from using patent law to block an Indian rival's efforts to market a generic version of a blockbuster kidney disease treatment.
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July 31, 2024
Novartis Says FDA Wrongly OK'd Generic Heart Drug
Pharmaceutical company Novartis alleges the U.S. Food and Drug Administration unlawfully approved a generic version of the drugmaker's heart failure medication Entresto in a new lawsuit in D.C. federal court.
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July 31, 2024
Fed. Circ. Sees No Disclosure In Private Sale Of Laptop Ports
A "private" sale of some 15,000 laptop ports doesn't count as "a public disclosure," as far as patent law is concerned, the Federal Circuit ruled Wednesday, affirming a patent board panel's earlier ruling.
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July 31, 2024
Apple, Google Dropped From IP Suit Over PUBG Knockoffs
A California federal judge has agreed to dismiss video game publisher Krafton's copyright suit accusing Google and Apple of distributing infringing versions of PlayerUnknown's Battlegrounds on their respective platforms, while Krafton and YouTube said they're close to resolving claims over an infringing film containing game footage.
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July 31, 2024
Trade Secrets Cases To Watch In 2024: A Midyear Report
A Virginia appellate court reversed a historic $2 billion trade secrets verdict in a closely watched case, and the Seventh Circuit emphasized that the federal trade secrets law applies to conduct abroad, expanding the damages landscape. Here are some of the most notable trade secrets cases to watch for the rest of 2024.
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July 31, 2024
Senators Aim To Increase Injunctions In Patent Battles
A new bipartisan bill in Congress would make it easier for federal courts to issue injunctions in patent cases, but critics say this would primarily help companies "that do not make any products or provide any services."
Expert Analysis
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Fed. Circ. Rulings Crystallize Polymorph Patent 'Obviousness'
A comparison of two recent Federal Circuit obviousness challenge decisions regarding polymorph patents provides helpful insight into the assessment of screening arguments, particularly the issue of reasonable expectation of success, say Michael Green and John Molenda at Steptoe.
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3 Infringement Defenses To Consider 10 Years Post-Nautilus
In the 10 years since the U.S. Supreme Court’s influential Nautilus ruling, the spirit of the “amenable to construction” test that the opinion rejected persists with many patent litigators and judges, so patent infringement defense counsel should always consider several key arguments, says John Vandenberg at Klarquist Sparkman.
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Attys Beware 2 Commonly Overlooked NIL Contract Issues
As name, image and likeness deals dominate high school and collegiate sports, preserving a client's NCAA eligibility should be a top priority, so lawyers should understand the potentially damaging contract provisions they may encounter when reviewing an agreement, says Paula Nagarajan at Arnall Golden.
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FTC Focus: Exploring The Meaning Of Orange Book Letters
The Federal Trade Commission recently announced an expansion of its campaign to promote competition by targeting pharmaceutical manufacturers' improper Orange Book patent listings, but there is a question of whether and how this helps generic entrants, say Colin Kass and David Munkittrick at Proskauer.
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Trending At The PTAB: Real Party In Interest And IPR
The Patent Trial and Appeal Board’s recent Luminex v. Signify decision, finding a complaint seeking indemnification may be treated as a public demand sufficient to establish a real party-in-interest, shows that the board continues to apply a broad and expansive definition to that term, say Yicong (Eve) Du and Yieyie Yang at Finnegan.
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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12 Keys To Successful Post-Trial Juror Interviews
Post-trial interviews offer attorneys an avenue to gain valuable insights into juror decision making and get feedback that can inform future litigation strategies, but certain best practices must be followed to get the most out of this research tool, say Alexa Hiley and Brianna Smith at IMS Legal.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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The Fed. Circ. In May: The Printed Matter Doctrine's Scope
The Federal Circuit’s recent ruling in Ioengine v. Ingenico, which addressed the scope of the printed matter doctrine as applied to transmitted data or program code, restores the doctrine’s status as a relatively narrow part of patent law, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty
The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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Lessons In High-Profile Jury Selection Amid NY Trump Trial
Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.
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How AI Cos. Can Cope With Shifting Copyright Landscape
In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Supply Chain Considerations For Companies Deploying AI
Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.