Intellectual Property

  • February 15, 2024

    Fed. Circ. Gives New Life To 'Babies' Magic Tea' TM Dispute

    The Federal Circuit has thrown out a Trademark Trial and Appeal Board decision that had denied Baby Magic toiletries maker Naterra's bid to cancel a trademark owned by Samah Bensalem on Babies' Magic Tea for medicated tea for babies to treat colic and gas.

  • February 15, 2024

    Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails

    A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.

  • February 15, 2024

    Intellectual Property Group Of The Year: Irell

    Irell & Manella LLP helped VLSI win a nearly $949 million verdict against Intel Corp. for infringing a patent for microchip technology, and represented Netlist in its win where a jury said Samsung owes $303 million for willfully infringing five flash memory patents, earning the firm a spot among Law360's 2023 Intellectual Property Groups of the Year.

  • February 14, 2024

    Pfizer Reaches $93M Deal With Lipitor Buyers In Antitrust MDL

    Pfizer Inc. has agreed to shell out $93 million to put to rest Lipitor buyers' claims in sprawling antitrust multidistrict litigation over the cholesterol medication that stretches back more than a decade, according to a motion filed Wednesday in New Jersey federal court.

  • February 14, 2024

    American Airlines Settles Ticketing Row With Travel Website

    American Airlines Inc. told a Texas federal court Tuesday that it has settled its lawsuit claiming that Kiwi.com sold the airline's tickets and displayed American's trademarks and copyright-protected flight symbol without permission.

  • February 14, 2024

    Honda, Ford Push For Review Of New Wireless IP

    Honda is urging U.S. Patent and Trademark Office Director Kathi Vidal to vacate the Patent Trial and Appeal Board's decision not to review a Neo Wireless patent it had challenged, the same day Ford did the same.

  • February 14, 2024

    What's Left Of Judge Newman's DC Suit Likely Won't Go Far

    A D.C. federal judge may be allowing suspended U.S. Circuit Judge Pauline Newman to pursue a handful of arguments over the constitutionality of the Judicial Conduct and Disability Act, but attorneys told Law360 they aren't convinced those claims will fare any better than those already dismissed by the court.

  • February 14, 2024

    PTAB Denies DJI's Request To Review Textron Drone Patent

    The Patent Trial and Appeal Board will not review the validity of a Textron Innovations Inc. drone patent challenged by Chinese rival SZ DJI Technology Co. Ltd. after finding that DJI failed to show that the claims are likely invalid.

  • February 14, 2024

    Nokia Exposure Over $23M Oral Deal Won't Be Clear Until Trial

    A federal judge said Wednesday she won't decide until trial what framework a jury will use to decide damages in a New Hampshire telecom's case against Nokia over an alleged breach of a 2017 oral contract to integrate noise-filtering technology into Nokia's cell networks.

  • February 14, 2024

    March Trial Set For Samsung Claims Against Ex-IP Attys

    A Texas federal judge has backed a magistrate judge's recommendation to resolve Samsung's claims of misconduct against two of its former in-house intellectual property attorneys through a bench trial.

  • February 14, 2024

    Music Licensor Sues Restaurant For Performing Disco Songs

    A New York music licensor has hit a Detroit-area restaurant with a copyright suit over the unauthorized performance of three 1970s-era disco songs by artists like the Bee Gees and KC and the Sunshine Band, telling the Michigan court that it had reached out to the dining establishment over 50 times ahead of filing its claims.

  • February 14, 2024

    Albright Snubs Plea That Meta Transfer Will Doom EDTX Suits

    Western District of Texas Judge Alan Albright has rejected an oil field equipment supplier's objections to a magistrate judge's ruling that transferred a patent case against Meta from the Lone Star State to California, saying the objections don't have merit.

  • February 14, 2024

    Pentagon Rule Aims To Cut Iranian Fuel From Overseas Ops

    A proposed rule posted Wednesday by the U.S. Department of Defense would put contractors on the hook to prove that fuel they provide for military operations overseas was not sourced from prohibited countries such as Iran.

  • February 14, 2024

    Split Fed. Circ. Won't Revive Patent Case Against Bank

    Judges on the Federal Circuit split in a Wednesday finding on how exactly the courts should read the phrase "transaction partner" in a patent lawsuit against a regional bank in Indiana, with the majority opting to agree with a federal judge in Illinois that the words could only be construed in such a way that meant the patent case couldn't hold up in court.

  • February 14, 2024

    GoTV Asks For New Trial, Says Netflix 'Tainted' $2.5M Award

    GoTV Streaming LLC has asked a California court for a new damages trial after a jury found that Netflix owed the company only $2.5 million for infringing its wireless patent, arguing that Netflix misled the court and showed the jury evidence that artificially suppressed the award amount.

  • February 14, 2024

    Jordan Spieth Fights Subpoena In Under Armour Patent Suit

    Golf pro and Dallas native Jordan Spieth wants to avoid testifying in a patent suit claiming Under Armour stole design features of high-performance athletic shoes, as basketball superstar Steph Curry simultaneously squashed a subpoena in the same case.

  • February 14, 2024

    GSK Exec Joins Troutman Pepper's Life Sciences IP Team

    Troutman Pepper Hamilton Sanders LLP continued to expand its health sciences services in the Philadelphia region with the addition this week of a patent practitioner who joined the firm after more than 20 years with GlaxoSmithKline.

  • February 14, 2024

    Intellectual Property Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP scored a directed verdict of noninfringement for Dell during a $435 million patent trial in front of U.S. District Judge Alan Albright and shielded SharkNinja from any business interruption during proceedings before the U.S. International Trade Commission, earning the firm a spot in Law360's 2023 Intellectual Property Groups of the Year.

  • February 14, 2024

    Detroit Firm Adds 3 Attys, Including Ex-GM Software Engineer

    An intellectual property law firm in Detroit has recruited a trio of patent prosecution lawyers, including a former software engineer at GM and another lawyer who is going to lead the firm's new office in St. Louis.

  • February 14, 2024

    Bulleit Is No Household Name, Distiller Tells 2nd Circ.

    The Bulleit brand may be well known among whiskey drinkers but does not have the general fame needed to support a jury's finding that its bottle shape is protected by trademark law, an attorney for rival distiller W.J. Deutsch & Sons Ltd. told the Second Circuit during a hearing Wednesday.

  • February 13, 2024

    Wireless Tech Co. Can't Get $12.5M Award OK'd At 4th Circ.

    The Fourth Circuit on Tuesday overturned the enforcement of a $12.5 million arbitral award issued in a trade secrets dispute between wireless technology companies, ruling in a published opinion that the lower court lacked jurisdiction under the U.S. Supreme Court's 2022 decision in Badgerow v. Walters.

  • February 13, 2024

    Judge Says Latham Deserves Default Win Over Scam Domains

    Latham & Watkins LLP should be handed a default win against an unknown scammer it accused of registering dozens of domain names to impersonate the firm and one of its attorneys in an attempt to defraud clients, a federal magistrate judge in Virginia recommended Tuesday, determining the firm has a protectable interest in a valid trademark.

  • February 13, 2024

    Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit

    A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.

  • February 13, 2024

    Expert's 11th-Hour Change Blocked In Pet Device IP Retrial

    A New Jersey federal judge refused Tuesday to allow an expert witness to make an 11th-hour addition to his report on the "head start" period in a new damages trial on an inventor's claim that a pet supply company misappropriated her idea for a skin medicine applicator for dogs and cats.

  • February 13, 2024

    Wyndham Gets Default Win In Timeshare Exit Suit

    A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.

Expert Analysis

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 9 Contractual Issues Tech Startups Should Be Wary Of

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    Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.

  • 5 AI Risks For Corporate Boards To Examine

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    Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.

  • What To Keep Tabs On In The NIL Arena This Year

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    The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.

  • Patent Prosecution Carries Consequences For Later Litigation

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    The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.

  • 10 Global Antitrust Trends To Anticipate In 2024

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    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Supreme Court Amgen Ruling's Major Effect On Enablement

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    The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Fed. Circ. Cellect Ruling Triggers Significant Patent Risk

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    A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 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.

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