Intellectual Property

  • September 24, 2024

    Microsoft Fights Mich. Tax Treatment Of Cost Share Payments

    Microsoft urged the Michigan Tax Tribunal to find that cost sharing agreement receipts from affiliates constituted licenses of intellectual property that should be included in its apportionment formula, arguing that the state's tax agency incorrectly followed federal transfer pricing rules in excluding the payments from its tax calculations.

  • September 24, 2024

    Pilates Co. Stretches Patent Campaign To ITC

    A San Francisco pilates equipment maker has persuaded the U.S. International Trade Commission to hear its patent infringement case against an assortment of companies that one of its lawyers calls "Chinese knockoff artists."

  • September 24, 2024

    11th Circ. Rejects Atty Fees In Roller-Coaster IP Dispute

    The Eleventh Circuit on Tuesday shot down an attempt by attorneys to collect fees after securing a partial win in an intellectual property dispute related to a roller-coaster project in Dubai.

  • September 24, 2024

    Firms Allowed To Exit IP Case After Gaining Philips' Consent

    A North Carolina federal judge allowed Dentons and Morningstar Law Group to withdraw as Transtate Equipment Co. Inc.'s counsel in a copyright and unfair competition case, after a stipulation was struck with opposing attorneys representing a Dutch health technology conglomerate that initially scoffed at the request.

  • September 24, 2024

    Entertainment IP Veteran Joins Saul Ewing In New York

    Saul Ewing LLP announced Tuesday that a longtime intellectual property attorney with over 30 years of experience representing clients in matters related to advertising and branding has joined the firm's New York office as a partner.

  • September 24, 2024

    Conn. Judge Sends Law Firm's Trade Secrets Case To Fla.

    A Connecticut boutique law firm must go to Florida if it wants to continue pursuing its trade secrets case against a consultant it accused of making off with some of its confidential information because the Constitution State is an improper venue, a federal judge has ruled.

  • September 24, 2024

    Jones Day Adds Ex-Samsung Senior Legal Counsel In NY

    Jones Day has hired an of counsel for its New York-based intellectual property practice who has previous experience working with Samsung as a senior legal counsel and is joining Jones Day from a South Korea-based general practice firm.

  • September 23, 2024

    Reggie Bush Says USC, NCAA, Pac-12 Exploited His Image

    Former University of Southern California star running back Reggie Bush on Monday accused his alma mater, as well as the NCAA and the Pac-12 Conference, of profiting off his name, image and likeness without ever compensating him in return, according to a suit filed in California state court.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Investors Can Aid In The Acceptance Of Psychedelic Medicine

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    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.

  • 12 Keys To Successful Post-Trial Juror Interviews

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    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.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    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.

  • The Fed. Circ. In May: The Printed Matter Doctrine's Scope

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    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.

  • Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty

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    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.

  • Series

    Playing Music Makes Me A Better Lawyer

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    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.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    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.

  • How AI Cos. Can Cope With Shifting Copyright Landscape

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    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.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    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.

  • Supply Chain Considerations For Companies Deploying AI

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    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.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

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