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Intellectual Property
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September 25, 2024
Consultant Wants NC Packaging Patent Fight Tossed
A consultant and owner of a cold-packaging company accused of lying about his patent rights is doubling down on his bid to ditch a rival business's federal lawsuit under North Carolina's abusive patent law, saying he has no intention of accusing the business of infringement.
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September 25, 2024
Walgreens' TM Suit Can Proceed Against Founder's Relative
Walgreen Co. can move forward with its trademark infringement suit against the great-grandson of the company's founder for operating Walgreen Health Solutions after an Illinois federal judge denied his motion to dismiss, finding the drugstore chain has shown a likelihood of confusion between the two brands.
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September 25, 2024
Judge Connolly Sticks By Fining Paralegal Patent Owner
Delaware's top federal judge won't budge on ordering a Texas paralegal to pony up $53,000 for refusing to appear for months to answer questions about a patent litigation outfit that was registered to her name, after he grilled her lawyer over who he was representing at a hearing she did show up to last week.
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September 25, 2024
Rapper Says Mike Jones, Houston Texans Stole Song
The owner of the unofficial Houston anthem "Still Tippin'" told a Harris County court this week that rapper Mike Jones and others have ripped off his 2002 song for use by the Houston Texans football team without his permission.
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September 25, 2024
Hairbrush Co.'s Patent Suit Over Straighteners Settles
A hairbrush company and an investment firm that together filed several lawsuits accusing various companies of "poisoning" the market with knockoffs of their patented ceramic straightening brush asked a California federal judge Wednesday to dismiss the last of those cases, stating that the claims have been settled.
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September 25, 2024
Marriott Gets $8M Default Win In TM Robocall Scam Case
A Virginia federal judge has granted Marriott International Inc. the maximum damages that the law allows for the company's trademark infringement claims against a pair of Mexican firms it accused of using its "Marriott Marks" for a robocall scam, ending the claims with an $8 million default judgment.
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September 25, 2024
NC State '83 Basketball Champs Drop TV Networks In NIL Suit
Members of the 1983 North Carolina State University men's basketball team, known as the Cardiac Kids, dropped CBS and TNT from their suit in North Carolina state court accusing the NCAA of exploiting their names, images and likenesses from their national championship run during the annual promotion of March Madness.
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September 25, 2024
Boies Joins Authors' Meta IP Suit After Judge Blasts Lead Atty
Veteran litigator David Boies and a top member of his firm have joined the team heading a proposed class action against Meta Platforms Inc. for allegedly using copyrighted material to train its artificial intelligence product "Llama" — days after a California federal judge told the lead plaintiff's attorney, "You are not doing your job."
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September 25, 2024
IP Protection Firm's $426M SPAC Merger Is Scrapped
Intellectual property management firm Zacco Holdings, formerly known as OpSec Group, and blank check company Investcorp Europe Acquisition Corp. I on Wednesday announced that they will be terminating their merger plans.
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September 25, 2024
Breaking IP Barriers: Q&A With Spencer Fane's DJ Healey
Spencer Fane LLP partner DJ Healey came out as a transgender woman in 2017 — 30 years into her legal career — opening doors at a time when LGBTQ+ attorneys were gaining more acceptance from colleagues and clients.
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September 25, 2024
Vape Co. Sues Buchalter Alleging Malpractice After IP Action
A Los Angeles-based cannabis company called Smoke Tokes LLC has filed a legal malpractice suit accusing Buchalter PC and two of its attorneys of causing a federal trademark action to drag on unnecessarily even after Smoke Tokes took all necessary steps to satisfy a judgment and injunction.
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September 25, 2024
Venable Brings On Baker McKenzie IP Litigator In DC
A longtime Baker McKenzie intellectual property litigator whose work touches on sectors including medical devices, software, and the oil and gas industry has moved his practice to Venable LLP, the firm announced Wednesday.
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September 25, 2024
Former Administrative Patent Judge Joins McGuireWoods
McGuireWoods LLP has added a former administrative judge with the Patent Trial and Appeal Board as a partner in its Richmond, Virginia, office.
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September 25, 2024
Pfizer, BioNTech Get New Shot To Ax Moderna's MRNA Patent
Pfizer and BioNTech have won another shot at challenging the validity of one of Moderna's key mRNA vaccines as a judge ruled Wednesday that their appeal had a reasonable prospect of success.
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September 25, 2024
Full Fed. Circ. To Tackle Patent Damages In $20M Google Case
The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate."
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September 24, 2024
Dentons Accused Of Hacking Laptop, Aiding Vape Co. Usurper
Dentons helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, including breaking into its founder's laptop to access confidential information, Avid alleged in a sprawling lawsuit filed Tuesday in California federal court.
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September 24, 2024
Aristocrat Wins Injunction In Slot Machine Trade Secret Row
A federal judge in Las Vegas blocked gambling game company Light & Wonder Inc. from commercializing its Dragon Train video slot machine game, saying competitor Aristocrat Technologies Inc. is "extremely likely" to succeed in showing L&W misappropriated Aristocrat's trade secrets in developing the game.
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September 24, 2024
Verizon Foe Defends $847M Patent Win In EDTX
A Dallas patent business said on Tuesday it doesn't think the $847 million verdict it scored in Texas federal court in Marshall against a pair of telecom giants in June is too much.
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September 24, 2024
Neurosurgeon Deems Judge Newman's Brain 'Entirely Normal'
A third doctor has found that suspended U.S. Circuit Judge Pauline Newman, 97, is not cognitively impaired and that there's no reason to keep her off the bench, according to a report released by her attorneys Tuesday.
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September 24, 2024
Motorola Ducks Out Of Smartphone Camera Patent Suit
A federal judge in Chicago on Tuesday decided to end one of the patent lawsuits by a retired businessman over operating smartphone cameras, ruling that "no reasonable jury could conclude Motorola is infringing the patent."
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September 24, 2024
Novo Nordisk Tells Sens. Ozempic Costs Are Linked To PBMs
Novo Nordisk's CEO argued Tuesday that the high prices of the company's diabetes and weight loss drugs Ozempic and Wegovy primarily stem from the actions of pharmacy benefit managers, earning support from many members of a Senate committee and frustrating others who wanted more direct answers on the Danish drugmaker's own responsibilities.
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September 24, 2024
Musk, X Seek To End Ex-CNN Anchor's Talk Show Fraud Suit
Elon Musk and his social media platform X have asked a California federal judge to toss former CNN anchor Don Lemon's suit against over a collapsed talk show deal, saying the claims are insufficiently supported, Musk wasn't properly served, and there's no jurisdiction to proceed in the Golden State.
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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.
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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."
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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.
Expert Analysis
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Questions Linger About DTSA's Scope After Motorola Ruling
The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.
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Opinion
Conception Is The Proper Test For AI-Assisted Inventions
The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.
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What High Court TM Rulings Tell Us About Free Speech
Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Series
After Chevron: Uncertainty In Scope Of ITC Oversight
The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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How In-House IP Counsel Can Deal With AI's Rise
Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.
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7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation
The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.
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1 Year At The UPC: Implications For Transatlantic Disputes
In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.
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Patent Ruling Shows A Minor Typo Can Lead To A Major Loss
A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Leveling Up IP Protections For Video Game Icons' Film Debuts
Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Opinion
Proposed Terminal Disclaimers Rule Harms Colleges, Startups
Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.