Intellectual Property

  • March 25, 2024

    Fed. Circ. Dissent Raises Alarm Over IP Safe Harbor Use

    A California federal judge rightly dismissed Edwards Lifesciences Corp.'s infringement suit against Meril Life Sciences Pvt. Ltd., the Federal Circuit held Monday, with a dissent arguing such a holding would "create future mischief."

  • March 25, 2024

    FTC Intervenes In Teva-Amneal Row To Push Patent Delisting

    The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.

  • March 25, 2024

    InBev's Modelo Loses 2nd Circ. Appeal In Hard Seltzer Fight

    The Second Circuit said Monday that a licensing agreement between Anheuser-Busch InBev SA and Constellation Brands was ambiguous about whether hard seltzers are beer, affirming a New York federal judge's order to let jurors decide the question at a trial where Constellation Brands prevailed against claims of trademark infringement.

  • March 25, 2024

    Jury Hands Mortgage Co. $73K Win In Trade Secrets Fight

    An Ohio federal jury has found that Revolution Mortgage owes just over $73,700 to competitor Equity Resources in a case where Equity accused its rival of misappropriation of trade secrets.

  • March 25, 2024

    Bloomberg Asks To Toss Ex-Gov. Huckabee's AI Class Action

    Media company Bloomberg has asked a Manhattan federal judge to dismiss it from a proposed class action led by former Arkansas Gov. Mike Huckabee, arguing that the plaintiffs' complaint lacks specifics detailing how their e-books' copyrights were allegedly infringed to train Bloomberg's large language model.

  • March 25, 2024

    Ownership Suit Over McCartney, Jagger Recordings Is Tossed

    A Pennsylvania federal judge said Monday that no copyright dispute exists between the son of a music producer who recorded interviews with rock icons such as Paul McCartney and Mick Jagger and a man who sold the collection, reasoning that the son had no right to the recordings because they were never registered for copyrights with the federal government.

  • March 25, 2024

    Pool Co. Objects To Rival Counsel's Exit After $15M Verdict

    A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 25, 2024

    Vidal Vacates Denials Of Challenges To Neo Wireless IP

    U.S. Patent and Trademark Office Director Kathi Vidal has thrown out Patent Trial and Appeal Board decisions not to review whether Neo Wireless patents are invalid in challenges brought by Honda and others.

  • March 25, 2024

    Schuh, Simmi Want To Give Naked Wolfe Designs The Boot

    Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs weren't original enough to deserve protection in the first place.

  • March 22, 2024

    Gilead's Win Upheld In Billion-Dollar HIV Drug Patent Case

    A Delaware federal judge on Friday largely upheld a jury's verdict rejecting the government's potentially billion-dollar claim that Gilead Sciences Inc. infringed patents covering HIV drugs, ruling that the jury was correct in finding Gilead didn't cause doctors and patients to infringe.

  • March 22, 2024

    Jury Says Dexcom Infringed 1 Abbott Patent In Mixed Verdict

    A Delaware federal jury decided Friday that Dexcom infringed a glucose monitor patent owned by an Abbott Laboratories unit, cleared it of infringing two others and hung on a fourth, setting up a later damages trial in the latest facet of a globe-spanning legal dispute between the companies.

  • March 22, 2024

    Disney Can't Slip Patent Claims In Suit Over Thanos VFX Tech

    A California federal judge has kept alive a visual effects company's patent infringement claims alleging The Walt Disney Co. unlawfully used its technology to create iconic Marvel film characters, such as Thanos and the Hulk, but once again tossed its claims of copyright infringement.

  • March 22, 2024

    Edible Arrangements' Prior Deal Forecloses IP Row With Rival

    A Georgia federal judge ended Edible Arrangements' trademark suit accusing 1-800-Flowers.com of bidding on and buying keywords related to Edible's products for search engine advertisements, finding the parties' prior settlement releasing 1-800-Flowers from similar conduct challenged by Edible in Connecticut federal court years ago barred its current action.

  • March 22, 2024

    Intel Seeks Delay Of VLSI Damages Retrial Due To Patent Ax

    Intel has asked Western District of Texas Judge Alan Albright to hold off on a damages retrial in a case where the Federal Circuit vacated a $1.5 billion chip patent verdict won by VLSI, saying the case should be held while VLSI appeals a decision invalidating the patent.

  • March 22, 2024

    Md. University Says Psilocybin Trade Theft Suit Belongs In US

    A London-based biochemical company cannot be allowed to escape across the pond with trade secrets related to using psilocybin as a mental health treatment, the University of Maryland, Baltimore, told a federal court, saying the company's minimum contacts with the state was its "months-long fraudulent scheme" to swipe intellectual property.

  • March 22, 2024

    Justices Asked To Review $36M Sanctions Order In TM Case

    A man who works in the field of marketing and ad copywriting has asked the U.S. Supreme Court to overturn a $36 million sanctions order against him and several companies in a trademark case.

  • March 22, 2024

    Inventor Urges High Court To Look At Fed. Circ. 1-Line Orders

    A businesswoman behind a small printing company is the latest litigant to head to the U.S. Supreme Court with complaints about the Federal Circuit's practice of issuing one-sentence Rule 36 orders.

  • March 22, 2024

    Artists Fight Image Generator Cos.' Bid To End Copyright Suit

    Artists suing four companies that make or distribute software that creates images with text prompts urged a California federal court to keep their proposed class action alive, telling a judge who dismissed most of their copyright claims that their amended complaint withstands the defendants' arguments for dismissal.

  • March 22, 2024

    Lutron Cleared On Shade Trade Dress Claims

    A New York federal judge has thrown out trade dress claims that GeigTech brought against home lighting fixtures company Lutron, writing that "there is no evidence that Lutron wanted members of the consuming public to think that it was selling J. Geiger shades."

  • March 22, 2024

    Accused Purveyor Of Tesla Trade Secrets Poised To Get Bail

    A New York federal judge on Friday agreed to let a China-based businessman out on bail under strict conditions while he faces accusations of plotting to sell trade secrets concerning battery technology that were stolen from Tesla.

  • March 22, 2024

    $900M Trade Secrets Case Against Kaiser Foundation Flops

    A California state judge has ruled that, after more than five years of litigation against the Kaiser Foundation, a pastor's small medical technology startup cannot "explain what was unique or secret about its conception for transmitting patient data" that was purportedly worth beyond $900 million.

  • March 22, 2024

    Vanda's Obviousness Appeal Isn't Worthwhile, Teva Tells Justices

    Teva Pharmaceuticals and Apotex have said the U.S. Supreme Court should reject a petition from Vanda Pharmaceuticals, which said the Federal Circuit "charted its own course" when it invalidated its sleep drug patents as obvious.

  • March 22, 2024

    DraftKings' Suit Is 'Character Assassination,' Former VP Says

    A former DraftKings executive picked apart a trade secret suit brought against him in Massachusetts federal court by his ex-employer, saying it's an attempt to "torch his reputation" with questionable evidence that also demonstrates the company's practice of smearing employees who leave for better opportunities.

  • March 22, 2024

    Parts Of Secret Recording Buried In Blackbeard Ship Suit

    A North Carolina state judge has ruled that parts of a secret recording of a 2014 meeting between the state Department of Natural and Cultural Resources and the organization that discovered the pirate Blackbeard's sunken ship fall under attorney-client privilege and must be redacted as part of a contract dispute over footage and images of the ship.

Expert Analysis

  • 6 Focus Areas For Companies Managing The Risks Of AI Use

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    To harness the significant and potentially transformative benefits that generative artificial intelligence can confer, companies must establish appropriate oversight and governance, ensure appropriate disclosures, and resolve other regulatory and legal challenges arising from deployment, say attorneys at Shearman.

  • On The Edge: Lessons In Patent Litigation Financing

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    A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.

  • Trends That Tech Lawyers Should Keep An Eye On In 2024

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    Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.

  • Copyright And Generative AI Developments To Watch In 2024

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    This year could bring clarity to critical copyright issues raised by the recent surge of development in generative AI platforms, as Congress continues its legislative focus in this area and litigation tests theories of liability, say Joshua Weigensberg and Felicity Kohn at Pryor Cashman.

  • Emerging Risks Affecting The Tech Legal Landscape

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    The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Expect National Security Scrutiny Of Higher Ed To Continue

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    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

  • Medtronic's Cautionary Tale Of Fed. Circ. Word Limits

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    The Federal Circuit's ruling in Medtronic v. Teleflex that Medtronic waived an argument that it had sought to incorporate by reference illustrates the pitfalls facing parties in complex patent cases involving numerous issues that cannot all be addressed within the strict word limits for appellate briefs, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Lessons In Navigating Collateral Estoppel Of Similar Patents

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    The Patent Trial and Appeal Board's recent holding in Google v. Parus that rehearing was appropriate under collateral estoppel illustrates best arguments in inter partes review for any issue that could arise in a later proceeding, including dependent claim limitations, say attorneys at Akin.

  • Fed. Circ. Ruling Seemingly Offers PTAB Deadline Immunity

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    The Federal Circuit's recent Purdue Pharma v. Collegium Pharmaceutical Inc. decision that the Patent Trial and Appeal Board had authority to issue a final written decision in a post grant review after the prescribed statutory deadline underscores how courts should consider the overall objective of the statutory scheme when balancing the classic conflict between bright-line rules and flexible standards, says Matthew Dowd at Dowd Sheffel.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What Brands Need To Know About Consumer Reviews In 2024

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    Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.

  • Opinion

    Waiving COVID-19 IP Protections Would Harm US Industry

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    President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.

  • Fed. Circ. Patent Decisions In 2023: An Empirical Review

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    The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.

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