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Intellectual Property
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Featured
How Penn State Trial Against Retailer Could Upend TM Law
The Pennsylvania State University and an online retailer of goods bearing retro logos and images of schools and sports teams are set to clash in a trademark trial next week that could upend how courts examine infringement claims.
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November 19, 2024
McDermott Adds IP Pro From Gibson Dunn In Los Angeles
McDermott Will & Emery LLP announced Tuesday that it has hired partner Timothy Best from Gibson Dunn & Crutcher LLP to help bolster its intellectual property practice group, especially its efforts serving life sciences and biotechnology clients.
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November 18, 2024
Art Org. Freed From Suit Over Fake 'LOVE' Copyright Claim
A New York federal judge has freed a visual arts licensing organization from an art publisher's lawsuit accusing it of falsely claiming copyright ownership to late artist Robert Indiana's iconic "LOVE" image and scheming to fraudulently sell licenses for it, saying the publisher's claims didn't pass muster.
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November 18, 2024
Netgear Says Huawei Engaging In Global Patent 'Warfare'
Router maker Netgear urged a California federal judge Monday to hold a mini-trial to determine a reasonable royalty rate for licensing Wi-Fi technology patents from Huawei, which Netgear claims is engaging in anticompetitive behavior and a "scorched earth worldwide litigation campaign" to extract excessive royalties.
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November 18, 2024
Melinta Obtains Ban On Generic Antibiotic Injections In IP Row
A drugmaker that recently sold a manufacturing facility to Eli Lilly for nearly $1 billion has failed to persuade a federal judge in Chicago to wipe out patents covering a line of injections that treat infections developed by a recently bankrupt antibiotic developer.
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November 18, 2024
Full 2nd Circ. Asked To Weigh Sheeran's 'Let's Get It On' Win
Structured Asset Sales LLC has asked the full Second Circuit to review a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," arguing the panel incorrectly affirmed a lower court's ruling that the Copyright Act of 1909 only protected the Motown song's sheet music.
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November 18, 2024
Meta Can Ditch Mike Huckabee's CBD Fake Ad Suit
Former Arkansas governor and conservative pundit Mike Huckabee can't sue Facebook after an unidentified company posted advertisements implying he endorsed a brand of CBD gummies, a Delaware federal judge ruled Monday, saying he can't prove the social media giant was actually aware the ads were bogus.
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November 18, 2024
Texas Judge Suggests Letting Influencers Battle Over 'Beige' IP
A federal magistrate judge has declared that a "feud between social media influencers" in Texas is the first of its kind in the country, as it's an intellectual property dispute over replicating a rival's "neutral, beige, and cream aesthetic."
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November 18, 2024
ITC Judge Clears Lenovo In Ericsson Patent Fight
A U.S. International Trade Commission judge has found that claims in a pair of Ericsson patents were invalid, handing a win to Lenovo in a case over mobile phones, laptops and other related products.
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November 18, 2024
1st Circ. Denies Lizzie Borden House Infringement Claim
The First Circuit won't bar a Massachusetts coffee shop from using the first name of historical figure Lizzie Borden and an image of an ax, finding that the company that owns and runs Borden's family home as a museum and bed and breakfast is unlikely to prove a trademark infringement claim.
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November 18, 2024
Medical Group Wants Justices To Review IP Safe Harbor Fight
A medical device trade group has said the U.S. Supreme Court should take up an appeal of a Federal Circuit decision Edwards Lifesciences said broadened a drug-development safe harbor to avoid patent infringement, saying the circuit court misread the provision.
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November 18, 2024
PPG Says Manager Stole Sales Data In Incora Move
PPG Industries Inc. hit its competitor Incora and a former sales manager who joined the latter company earlier this year with a trade secrets lawsuit Friday, alleging that its onetime employee absconded with PPG's "highly proprietary" pricing platform to help Incora move in on the company's markets.
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November 18, 2024
USPTO Director Kathi Vidal To Rejoin Winston & Strawn
Winston & Strawn LLP said Monday that Kathi Vidal, director of the U.S. Patent and Trademark Office, is slated to rejoin the firm.
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November 18, 2024
Supreme Court Turns Down 3 Patent Cases
The U.S. Supreme Court on Monday refused to hear three patent cases dealing with patent eligibility, standing to bring infringement suits and the rules surrounding the launch of generic drugs.
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November 15, 2024
X Sues To Block Calif.'s New Deepfake Political Ads Law
X Corp. filed a lawsuit in California federal court seeking to block a new Golden State law aimed at combating artificial intelligence-generated deepfake political ads, claiming the regulation that takes effect in January is unconstitutional and violates Section 230 of the Communications Decency Act.
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November 15, 2024
Sake Co.'s 'Tipsy' TM Fight Can't Find Its Footing In Calif.
A California federal judge has determined that a Los Angeles sake brand can't litigate a trademark dispute in the Golden State with a similarly named wine store in Brooklyn, saying a cease and desist letter wasn't enough to establish jurisdiction.
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November 15, 2024
Tech Co. Urges Judge To Trim Starbucks' IP Counterclaims
A patent-licensing company has said that an inventor connected to the business shouldn't have been dragged into its suit claiming that Starbucks infringed its patent on meal ordering technology, saying the coffee chain is trying to wrongly expand the case.
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November 15, 2024
Tech Co. Salesman Settles Ex-Employer's AI Misuse Claims
A Connecticut salesman accused of using an artificial intelligence application to record company conference calls and his former employer have settled the company's trade secrets lawsuit, according to a joint request filed Friday seeking a permanent injunction.
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November 15, 2024
FanDuel Dropped From Suit Over MLB Players' NIL Use
The Major League Baseball Players Association said Friday it's dropping FanDuel from a case over the alleged use of players' photos to promote sports gambling.
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November 15, 2024
Showtime, Lionsgate Accused Of Cribbing For 'Yellowjackets'
The owner of the 2015 film "Eden" sued Showtime, Lions Gate Entertainment Corp. and the makers of the TV series "Yellowjackets" in California federal court on Thursday, alleging that the hit show ripped off the film, which chronicles the tribulations of soccer players who resort to cannibalism after their plane crashes in the wilderness.
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November 15, 2024
New Trade Secrets Case Brought In Trucker Tracking Row
A fight between two neighboring San Francisco startups that sell artificial intelligence-powered software used to monitor truck drivers has resulted in yet another lawsuit: a new state court case that accuses a CEO of personally "texting and meeting in person" with competing sales reps in order to obtain trade secrets.
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November 15, 2024
USPTO Finalizes Adjustments In 2025 Trademark Fees
The U.S. Patent and Trademark Office is finalizing a proposal from earlier this year on changes to its fee structures, including adding surcharges on trademark applications lacking sufficient information and increasing the cost for paper applications.
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November 15, 2024
Fed. Circ. Won't Send Smartwatch Patent Case Out Of Texas
The Federal Circuit on Friday shot down smartwatch maker Zepp Health's bid to transfer a patent infringement case from Texas to California, agreeing with a lower court's finding that the company failed to show the Golden State was the better forum.
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November 15, 2024
Penn State Asks To Keep Defendant In Vintage Brand TM Trial
In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.
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November 15, 2024
Abbott Inks $8M Deal With Healthcare Fraudster In TM Suit
A New York federal judge on Thursday green-lit a trademark infringement settlement in which Abbott Laboratories will receive $8 million from a Florida businessman who recently pled guilty to healthcare fraud for his role in a sprawling gray market scheme to profit off of Abbott's line of diabetic test strips meant to be sold internationally.
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November 15, 2024
Coffee Shop Agrees To Stop Using Dior Name After Suit
A Western Massachusetts coffee shop will stop using the name "Café Dior," settling a trademark infringement lawsuit brought by French luxury brand Christian Dior, according to a Friday filing.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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TM Suit Over Google AI Name Points To New Branding Issues
Gemini Data’s recent lawsuit in California federal court alleging Google’s rebranded artificial intelligence chatbot stole its name may have broader implications for the scope of trademark rights for AI-related products and highlights that an evolving marketplace may force companies to recalibrate how they protect their brands, say attorneys at ArentFox Schiff.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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How Patent Landscape Analysis Drives Business Growth
Keegan Caldwell at Caldwell Law explores how patent landscape analysis serves as a key driver of sustainable growth — examining how its components, strategic advantages and implementation best practices are reshaping innovation leadership.
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Marching In On Orange Book Drugs May Have Limited Effect
Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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When Arbitration Is Effective For Employment And IP Cases
Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Copyright Questions Surround AI Music Platform Suits
If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.