Intellectual Property

  • February 26, 2024

    Sales Reps Score $1.6M In Fees After Beating RICO Case

    A federal judge in Los Angeles has ordered a biotech startup to pay more than $1.6 million in legal fees to two former employees, after the company failed to convince a jury that the pair broke racketeering laws when they worked for a rival that stole proprietary information when setting up shop.

  • February 26, 2024

    Intel Calls VLSI 'Desperate' In Fight Over License Defense

    Intel and VLSI are continuing to escalate their multivenue dispute over how to decide whether Intel already has a license to VLSI's patents, with the tech company telling the Federal Circuit the patent owner is "desperate to avoid" a California trial, and VLSI saying that trial "would be an enormous waste of party and judicial resources."

  • February 26, 2024

    UK Photog Drops Copyright Claims Against Cannabis Co.

    A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.

  • February 26, 2024

    Religious Stations Ask Justices To Review Webcast Royalties

    Religious webmasters who say that the Copyright Royalty Board's latest rate hike affects them disproportionately want the U.S. Supreme Court to take up their case and decide whether there is religious discrimination at play.

  • February 26, 2024

    MetaBirkins NFT Maker Tells 2nd Circ. 'Artwork' Is Protected

    The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.

  • February 26, 2024

    Fed. Circ. Affirms Freshub Didn't Lie To Revive Patent App

    The Federal Circuit on Monday upheld a Texas federal court's ruling that Amazon's Alexa voice assistant didn't infringe voice-processing system patents owned by Freshub and that Freshub didn't use nefarious means to obtain those patents.

  • February 26, 2024

    Ohio Jury Shuts Down Door Co.'s Patent Defense

    Federal jurors in Ohio found that the details in some drawings of "door skins" covered by a trio of design patents were somewhat inconsistent, but they were unpersuaded by a major door manufacturer to invalidate those patents just yet.

  • February 26, 2024

    Proud Boys' Attys Can't Escape IP Suit In DC

    A D.C. federal judge has denied a bid to throw out a copyright suit from a group of criminal defense attorneys who represented members of the Proud Boys involved in the insurrection of Jan. 6, 2021.

  • February 26, 2024

    Vape Wholesaler TM Dispute Booted From Illinois Court

    An Illinois federal judge on Monday dismissed a trademark dispute between HS Wholesale Ltd. and HS Global Distribution LLC, saying HS Global doesn't have sufficient contact with the state for the court to have jurisdiction over the claims.

  • February 26, 2024

    Vidal Tells Examiners To Stay 'Flexible' On Obviousness

    The U.S. Patent and Trademark Office released new, legally nonbinding guidance Monday for how the agency wants patent examiners to handle U.S. Supreme Court precedent governing whether ideas covered by patents are too obvious.

  • February 26, 2024

    Dry Cleaning Magazine In NJ Must Pay $8.2M For Defamation

    A dry-cleaning industry publication was hit with an $8.2 million verdict by a New Jersey federal jury on Friday on claims that it ran a yearslong defamation campaign in its magazines against a dry-cleaning supply business and its competing trade publication.

  • February 26, 2024

    Gartner, Hackett Settle Trade Secrets, Employee-Poaching Suit

    Consulting firm Gartner Inc. and its rival The Hackett Group Inc. have settled a trade secrets fight that saw each company accuse the other of unfair trade practices, according to a filing dismissing the case from Connecticut federal court.

  • February 26, 2024

    Honeywell Says Texas Analytics Co. Infringed 5 Patents

    Honeywell International Inc. has accused a Texas-based analytics company of infringing five of its software patents, telling a Texas federal court that the company's sale of its products was at least "objectively reckless" in regard to potential patent infringement.

  • February 26, 2024

    Caterpillar Owes $12.9M In Wirtgen IP Case, Jury Says

    A federal jury in Delaware has found that Caterpillar owes machinery manufacturer Wirtgen about $12.9 million for infringing five road-milling machine patents, counsel for Wirtgen said.

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    Lumen, AI Software Co. Settle $6M Trade Secrets Spat

    A Lumen Technologies subsidiary and a Texas-based AI company have settled a trade secrets lawsuit accusing Lumen of misappropriating the company's proprietary software and stiffing it on payments after ending their licensing agreement, according to a notice of settlement filed in Colorado federal court Friday.

  • February 26, 2024

    Temu Accuses Shein Of Scaring Suppliers Away

    Temu has accused Shein of trying to subvert its operations through anti-competitive behaviors, claiming that its ultra-fast fashion rival has cornered suppliers and inundated it with "baseless notices" to disrupt U.K. sales.

  • February 23, 2024

    'Copy-And-Paste Errors' Not Worth Sanctions, Texas Judge Says

    A federal magistrate judge in Waco, Texas, says he doesn't think "some copy-and-paste errors" are enough to hook a prolific litigator of patent lawsuits to paying legal fees in a shell company's latest failed campaign against Salesforce.

  • February 23, 2024

    A Comma Causes Netflix's Patent Challenge To Flop

    The majority of a board of patent judges has refused to budge on a determination upholding a streaming media patent challenged by Netflix, though the judges on the panel splintered at length on the grammatical implications of how to correctly read a comma.

  • February 23, 2024

    Dish, IFit Settle Patent Suit Over Streaming Tech

    Fitness equipment maker NordicTrack's parent company has settled a dispute with Dish Network that accused it of infringing Dish patents related to streaming technology, drawing to a close a fight that spread all the way to the U.S. International Trade Commission.

  • February 23, 2024

    Clothier Seeks To Ditch IP Suit Over Upcycled Designer Goods

    A Houston-based apparel company has asked a Texas federal judge to toss a suit brought against it by Louis Vuitton Malletier SAS, saying Thursday that the luxury designer waited too long to file suit alleging the clothing business infringed its trademark by selling upcycled items made with materials from used Louis Vuitton products.

  • February 23, 2024

    Chamber's Report Bemoans Biden's March-In Idea For Drug IP

    The most powerful business lobbying group in the U.S. said that although the country ranked at the top of its annual International IP Index, the Biden administration's efforts to potentially use patent laws to reduce the price of pharmaceuticals would jeopardize its place down the line.

  • February 23, 2024

    Telecom Giants Can't End Decadelong 4G LTE Patent Row

    A group of prominent telecommunications companies has failed to escape a patent dispute dating back a decade with the University of Minnesota concerning wireless communications technology used in 4G LTE network services.

  • February 23, 2024

    Media, App Groups Wary Of Allowing Data Mining, AI Hacking

    Publishers and entertainment industry groups have urged the government to reject proposed exemptions to the Digital Millennium Copyright Act that would broaden protections for text-and-data mining and allow hackers to study biases in artificial intelligence models, raising concerns about infringement and cybersecurity.

  • February 23, 2024

    Monster Energy Ends Trade Dress Suit Against Beast Cookie

    Monster Energy dropped its trademark and trade dress infringement action alleging Beast Cookie used confusingly similar branding to advertise its caffeinated cookies, including a green color scheme and the phrase "untamed energy," according to an order signed by a California federal judge granting the parties' stipulation to end their dispute.

Expert Analysis

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Opinion

    9th Circ. Should Overturn The Miles Davis Tattoo Ruling

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    A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Exporters Should Approach Self-Disclosure With Caution

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    A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

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