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Intellectual Property
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June 27, 2024
Rec Sports Co. Wants Proof Behind Trade Secret Theft Claims
A recreational sports club that was accused of receiving a competitor's confidential customer information has demanded that its accuser produce its evidence, telling a New Jersey federal judge that it is "mystified" by the allegations.
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June 27, 2024
Nike Loses 3 Fitness Tracking Patents At PTAB
The Patent Trial and Appeal Board has invalidated three Nike patents related to fitness tracking technology, challenged by retailer Lululemon Athletica Inc., in a ruling that follows setbacks for Nike at the PTAB in May.
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June 27, 2024
UPC Adds 8 Science And Technology Specialist Judges
The European Union's Unified Patent Court has appointed a host of new judges, each with expertise in the fields of science and technology, as it grows in its second year in operation.
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June 26, 2024
Design Patent Attys Wary Of Applicant Disclosure Proposal
Various intellectual property trade groups are expressing some skepticism toward a proposal over the United Nations using a new treaty to force design patent applicants to disclose more details in their applications.
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June 26, 2024
Ex-Ameriprise Father-Son Duo Agree To Return Biz Info
A father and son and their former employer, financial services company Ameriprise, have reached an agreement that will see the two men return confidential records they allegedly took "in the dark of the night" as they exited the company for jobs with a competitor.
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June 26, 2024
Ga. High Court Told To Skip Inventor's 'Clerical Mistake' Fight
A unit of the analytics giant Clarivate is telling Georgia's highest court that a neurosurgeon's $102 million legal malpractice case over "a clerical mistake" in a patent filing from an aggrieved former FisherBroyles client is definitely "not a cert-worthy case."
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June 26, 2024
3rd Circ. Won't Revive Distillery Investor's RICO, Secrets Case
The Third Circuit on Wednesday agreed that the main investor of a Pennsylvania distillery can't revive his federal racketeering or trade secret claims against a former business partner and others related to the craft liquor business.
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June 26, 2024
IP Co. Breaching Investment Laws, Shareholder Alleges In Del.
A shareholder of patent developer Network-1 Technologies Inc. has sued the company in Delaware's Court of Chancery, saying he needs to see the company's books and records to investigate, among other things, whether it is "operating as an unregistered investment company, contrary to the Investment Company Act of 1940."
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June 26, 2024
Artists Drum Up Support For Bill To Pay Music Royalties
Congress needs to protect musical artists' intellectual property rights by requiring radio broadcasters to pay royalties for airing their sound performances, as most other countries do, the recording industry told lawmakers Wednesday.
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June 26, 2024
Feds To Reassess Whether Garage Door Imports Violated Patents
The U.S. International Trade Commission will be reviewing an administrative law judge's ruling that Nortek Inc. violated U.S. trade law by importing products that infringe on a rival's intellectual property.
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June 26, 2024
Ex-Ticketmaster Exec Pleads Guilty In Hacking Case
A former director of client relations at Ticketmaster pled guilty Wednesday to taking part in a scheme to hack into a rival company's computer system in an attempt to gain a competitive advantage.
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June 26, 2024
Nantucket Festival Owner Sues Over Alleged Imposter Event
The longtime operator of Nantucket's Wine and Food Festival says a former vendor has set up a competing event with a similar name, misleading potential participants into believing the original event was acquired and that the new name was merely a "rebrand."
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June 26, 2024
Apple Watch Improvement Is 'Inferior,' Docs Tell 9th Circ.
Four cardiac specialists backed medical monitoring startup AliveCor against Apple in a Ninth Circuit amicus brief Tuesday arguing a district court wrongly nixed antitrust claims by crediting the phaseout of a heart rate monitoring algorithm as an improvement when all it did was deny patient access to "potentially life-saving" technology.
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June 26, 2024
Fed. Circ. Says No Fees For HID Global In Patent Suit
The Federal Circuit has backed a U.S. Court of Federal Claims finding that HID Global Corp. can't have attorney fees after being let out of patent litigation brought by Giesecke & Devrient, but it affirmed on different grounds.
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June 26, 2024
House GOP Gears Up For The End Of Chevron Deference
A new memo outlines how House Republicans are gearing up for the U.S. Supreme Court to potentially overturn the decades-old precedent that courts defer to agencies' interpretations of ambiguous statutes, as an opportunity to roll back the Biden administration's policies and reclaim Congress' power.
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June 26, 2024
Authors Suing OpenAI Must Hand Over Pre-Suit Test Data
A California federal magistrate judge ordered a group of authors accusing OpenAI of copyright infringement to hand over information related to their pre-suit testing of the company's artificial intelligence bot ChatGPT, saying they waived their ability to say it's protected work product by including some test results in their lawsuit.
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June 26, 2024
Newspapers Rip OpenAI, Microsoft Bids To End Copyright Suit
Eight newspapers accusing Microsoft Corp. and OpenAI Inc. of infringing copyrights of their works to train their chatbots have blasted the companies' dismissal bids in New York federal court, saying OpenAI's motion reads "like a press release" instead of a legal argument and that Microsoft is "focused on telling its story," which the papers contend "is full of holes."
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June 26, 2024
US Leads Charge As $7T Poured Into Intangible Assets In 2023
Investment in intangible assets grew at more than triple the pace of physical investment over the past 15 years to reach $6.9 trillion in 2023 with the U.S. and the U.K. leading the spend, the World Intellectual Property Organization has said.
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June 25, 2024
NC Judge Bars Consultant From Lying About Packaging Patent
A North Carolina federal judge has enjoined a patent owner from "making bad-faith, objectively false assertions of infringement" to insulated box maker Eco Fiber Inc.'s customers, as past assertions to the company's main customer have put it at "severe risk of losing [its] business."
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June 25, 2024
Riley Safer Expands IP Practice With Chicago Partner
Chicago firm Riley Safer Holmes & Cancila LLP has bolstered its intellectual property practice by bringing on board an experienced litigator from Goldman Ismail Tomaselli Brennan & Baum, the law firm announced Tuesday.
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June 25, 2024
PTAB Wipes Out UMass Skin Disease Treatment Patent
The Patent Trial and Appeal Board has sided with Forte Biosciences in invalidating a University of Massachusetts patent on treating the skin disease vitiligo, ruling that the patent does not adequately describe the invention or enable a skilled person to make and use it.
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June 25, 2024
Sporting Cos. Must Face Shotgun Shell Maker's TM Suit
A shotgun shell producer's failure to search the internet for violations of his trademark does not make the claims in his lawsuit untimely, a Georgia federal judge ruling Tuesday, saying a majority of claims related to the use of his "Quik-Shok" mark fall within the allowable time limits for lodging a challenge.
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June 25, 2024
Fed. Circ. Restores Amarin's Skinny Label Suit Against Hikma
The Federal Circuit revived litigation Tuesday accusing Hikma Pharmaceuticals USA Inc. of inducing physicians to infringe patents covering Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa in a case over limited-use generics.
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June 25, 2024
Prolitec Can't Dodge Claims In Air Freshener Patent Dispute
A federal judge in Delaware has refused to toss patent infringement counterclaims against Prolitec concerning designs for a computer-operated scent delivery system owned by ScentAir, saying it's too early for a ruling.
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June 25, 2024
Judge Moves Music Publishers' IP Suit Against AI Co. To Calif.
A Tennessee federal judge has said the Volunteer State wasn't the right place to hear a copyright lawsuit from a group of music publishers against an artificial intelligence company, deciding to ship the case to California.
Expert Analysis
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Chanel TM Ruling Shows Resellers Must Tread Carefully
The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent
The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Breaking Down The EPO's Revised Practice Guidelines
The European Patent Office's updated guidelines for examination recently took effect and include significant changes related to the priority right presumption, the concept of plausibility and artificial intelligence, providing invaluable insight on obtaining patents from the office, say lawyers at Finnegan.
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Trending At The PTAB: Permissible New Reply Arguments
In the time since the Federal Circuit’s Axonics ruling, the Patent Trial and Appeal Board has allowed petitioners to raise new unpatentability grounds in response to unforeseeable claim constructions in petitions, and reiterated that a petition need not anticipate every argument that may be raised in the response, say Joseph Myles and Timothy May at Finnegan.
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Exploring A New Era Of IP Law Amid The Rise Of Generative AI
Attorneys at Hogan Lovells explore the effects of generative artificial intelligence in three areas of intellectual property, recent updates and emerging trends, and its significance on the IP landscape now and moving forward.
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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.