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Intellectual Property
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September 11, 2024
Litigation Spending To Rise As Cases Grow More Aggressive
A substantial number of large companies are expecting to increase their litigation spending by double digits next year in the face of more complex and hard-fought cases — and they are more open to bringing in new legal talent to navigate the matters, according to a report released Thursday.
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September 11, 2024
The Firms That Handle The Most Trade Secrets Work
Gordon Rees remains the most active law firm representing plaintiffs in trade secrets disputes, according to a new report by Lex Machina analyzing a three-year period from 2021 to 2023, while Littler Mendelson continues to lead the pack on the defendants' side during that same timeframe.
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September 11, 2024
Dua Lipa Can't Slip Copyright Claim In 'Levitating' IP Suit
Pop singer Dua Lipa wasn't able to persuade a California federal judge to toss a copyright infringement claim in a suit over her hit song "Levitating" by a producer who alleges some of his samples were used without permission, but did get an accounting claim thrown out.
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September 11, 2024
Fed. Circ. Lets Roku IP Dispute Move From Texas To Calif.
The Federal Circuit on Wednesday declined to reverse a Texas district court's transfer of a suit accusing Roku of infringing patents on automatic content recognition technology for commercial advertising, holding the Texas court wasn't wrong to find California had a stronger local interest in the dispute.
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September 11, 2024
AGIS Accuses General Dynamics Stole Comms System Tech
AGIS Inc. hit General Dynamics Corporation with a patent infringement suit in Texas federal court on Tuesday, accusing the global defense company of ripping off technology for a handheld communications device utilized by first responders.
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September 11, 2024
Reality Star Says Cosmetic Co. Can't 'Give Them Lala'
Lala Kent, one of the stars of Bravo's "Vanderpump Rules," has hit a cosmetic company with a suit alleging it violated her intellectual property rights by selling an unauthorized lip product under her "Give Them Lala" brand.
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September 11, 2024
Kirkland Can't Shake Former Associate's Bias Suit
A California federal judge has mostly rejected efforts by Kirkland & Ellis to pare down the discrimination suit of a former intellectual property associate, while also backing a prior order that prevented the firm from subpoenaing her former BigLaw employers for confidential personnel information.
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September 11, 2024
Full Fed. Circ. Snubs Google's Fight Over ITC's Powers
The full Federal Circuit has shot down Google LLC's bid for review of a ruling that it infringed Sonos audio patents in light of a U.S. Supreme Court case that abolished deference to government agencies.
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September 11, 2024
Phelps Dunbar Recruits 6 Litigators In Raleigh
Phelps Dunbar LLP has hired six lawyers in Raleigh to serve the business and litigation needs of companies in North and South Carolina, adding strength in health care, construction, employment and intellectual property.
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September 11, 2024
EasyGroup Loses TMs After Suing For Infringement
A London judge rejected a claim on Wednesday by easyGroup that EasyFundraising Ltd. was infringing its trademarks, as it concluded that the low-cost giant's brands covered different services.
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September 11, 2024
Trademarks Surge As UKIPO Transforms Digital Platform
The U.K. Intellectual Property Office said Wednesday it has shown "continued high performance" amid accelerating demand over the past year as its digital transformation marches on.
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September 11, 2024
Lenovo Pushes For Its Own SEP Ban In Global Ericsson Fight
Lawyers for Lenovo urged a London appeals court on Wednesday to prevent Ericsson from infringing one of its wireless patents while their dispute rumbles on, as the electronics giants wage a global battle over a cross-licensing deal for intellectual property deemed essential to 5G technology.
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September 11, 2024
IP Boutique Hires Murgitroyd Pro For Life Sciences Team
Haseltine Lake Kempner LLP has hired a new partner from rival Murgitroyd & Co. for its chemistry and life sciences team as the firm looks to expand its patent capabilities in the northern English city of Leeds.
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September 11, 2024
Agricultural Co. Can't Nix Rival's IP Rights Over Mandarins
A European Union court said Wednesday that a French company can keep its plant breeding rights over Nadorcott mandarins, chucking its rival's claim that the variety is not novel.
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September 11, 2024
Sandoz Can't Patent Generic Hypertension Drug
Pharmaceuticals maker Sandoz has lost a patent for the formulation of a generic drug used to treat high blood pressure in the lungs, as a European appellate panel ruled that the ingredient that makes it more stable was obvious.
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September 10, 2024
Verizon, Ericsson Slam 'Outlandish' $847M Patent Verdict
Verizon and Ericsson have urged a Texas federal judge to erase an $847 million jury verdict in General Access Solutions' wireless network patent suit, arguing that the court hobbled their defense by improperly excluding evidence and allowing General Access to rely on misleading and sometimes false testimony.
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September 10, 2024
Distillery Tries To Lasso Booze Trademark, Suit Says
Dynasty Spirits told a Colorado federal court Monday that Lasso Whiskey is infringing on its Lasso Motel trademark.
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September 10, 2024
British Artists Call For IP Overhaul Amid AI Concerns
More than 4,000 arts professionals have signed a joint letter urging the government to ensure that artists have control over whether copyrighted works are used for training artificial intelligence, highlighting the "significant challenges" faced by creatives in Britain.
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September 10, 2024
Ugg Maker Ends IP Boot Suit Against Costco
Deckers Outdoor Corp. has dropped its suit in California federal court accusing Costco Wholesale Corp. of infringing a design patent and trade dress for Ugg "Classic Ultra Mini" boots with the retailer's Kirkland-branded footwear.
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September 10, 2024
Photographer Aims To Squash Pest Control Co. Use Of Ant Pic
A biologist and photographer sued a Houston-area pest control company in Texas federal court for copyright infringement alleging the company stole his ant picture to promote their services online.
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September 10, 2024
Amazon Must Trim 'Halo' TM For EU Market
Amazon Technologies could not convince the EU's intellectual property office to let it register trademarks for "halo" unscathed, with the office backing a Californian health technology company's bid to trim key protections for medical monitoring devices and health assessment services.
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September 10, 2024
T-Mobile Can't Change 4th Circ. Loss In 'Simply Prepaid' Fight
T-Mobile failed Tuesday to undercut a Fourth Circuit decision that revived a Virginia-based cellphone company's infringement claims over the phrase "Simply Prepaid," with a panel of judges declining to grant the telecommunications giant's request for a second look.
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September 10, 2024
House Reps. Float Bill To Limit Patent Invalidations
A bipartisan bill that would reset patent eligibility standards has been introduced in the U.S. House of Representatives, over a year after a similar Senate bill was put forward that drew opposition from much of the tech and retail industry.
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September 10, 2024
Cult Gaia Importer Beats Champagne Bid To Bar Dress Sales
A Dutch importer of Cult Gaia dresses has seen off a bid from a body representing the Champagne region's interests to bar it from selling "champagne" colored dresses after a court ruled it was clear it had no connection to the sparkling wine.
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September 10, 2024
Philips Balks At Dentons' Request To Exit IP Case
Dutch health technology conglomerate Philips Medical Systems Nederland BV is balking at Dentons US LLP's request to withdraw as counsel for Transtate Equipment Co. Inc. in a wide-ranging copyright and unfair competition case, insinuating that the move is a stalling tactic to avoid a final judgment.
Expert Analysis
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Beware Of Trademark Scammers Leveraging USPTO Data
Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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PTAB Rulings Shed Light On Quantum Computing Patents
Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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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.