Intellectual Property

  • February 13, 2024

    4 Takeaways From USPTO Guidance On AI And Patents

    The U.S. Patent and Trademark Office's guidance on patents for inventions developed using artificial intelligence makes clear that help from the technology does not foreclose getting a patent, but sets standards that will spur litigation and create new obligations for attorneys, experts say.

  • February 13, 2024

    Likee Video App Can't Swipe Away BMG's Copyright Suit

    The company behind Likee must face a trimmed version of BMG's copyright lawsuit alleging the short-video creation app exploits artists' music without permission, a California federal judge ruled, tossing the music publisher's direct infringement claim but keeping alive its claim of contributory infringement.

  • February 13, 2024

    Judge Disqualifies Alston & Bird Over Conflict In IP Case

    A California federal judge granted Rocket Resume's request to withdraw Alston & Bird LLP as its counsel in a copyright suit against Bold Ltd., which had previously asked to disqualify the firm over its past legal work for Bold.

  • February 13, 2024

    Fed. Circ. Rejects Challenge To Home Address Rule

    The Federal Circuit has backed a decision from the Trademark Trial and Appeal Board to not register the law firm Chestek Legal's name as a trademark, agreeing with a finding that the firm didn't meet a legal requirement relating to addresses.

  • February 13, 2024

    AT&T, Nokia Turn To 1884 Precedent To Fight $181M Trial Loss

    AT&T and Nokia are challenging a jury verdict out of Marshall, Texas, that orders them to pay a small Utah business more than $181 million, telling a federal appeals court that paying that sum would upend important Supreme Court precedent on patent damages that dates to the late 1800s.

  • February 13, 2024

    Ingevity Again Denied New Verdict, Trial Against $85M Loss

    A Delaware federal judge again refused Tuesday to upend BASF's $85 million jury win over Ingevity's locking up of the automobile carbon capture technology market, concluding that "substantial evidence" backs the antitrust findings.

  • February 13, 2024

    Fed. Circ. Won't Revive Abstract Return Mail Patent

    Alabama-based Return Mail Inc. has failed to persuade the Federal Circuit that its patent for processing undeliverable mail meets patent eligibility requirements, according to a Tuesday order.

  • February 13, 2024

    Starbucks Made Statements With Actual Malice, Union Says

    Workers United accused Starbucks of posting statements with actual malice that relate to the union's now-deleted tweet saying "Solidarity with Palestine," telling a Pennsylvania federal court that the coffee chain implied that the union "committed a felony."

  • February 13, 2024

    Epic, Choreographer Agree To End Fortnite Dance Moves Suit

    Fortnite developer Epic Games and a celebrity choreographer have agreed to end their dispute over whether the company ripped off portions of a copyrighted dance routine for one of the "emotes" players buy for in-game battle celebrations, according to a filing in California federal court.

  • February 13, 2024

    Sonos Decries California Judge's Decision To Toss $32.5M Win

    Speaker manufacturer Sonos urged the Federal Circuit to overturn a California judge's decision to throw out a $32.5 million infringement verdict Sonos won against Google and not let certain claims be tried, telling the appeals court that the judge's ruling could endanger thousands of patents.

  • February 13, 2024

    Ex-DraftKings Exec's Attys Seek $310K For Court Pingpong

    Lawyers for a former DraftKings Inc. executive who recently defected to rival Fanatics are seeking more than $310,000 in attorney fees, arguing the amount is reasonable and would cover their work for two "objectively unreasonable" removals of the case to federal court by DraftKings, behavior they called "disturbing litigation conduct."

  • February 13, 2024

    $8.6M In Interest Added To Vivint Smart Home TM Case

    A North Carolina federal judge has given local security company CPI Security Systems Inc. about $8.6 million in prejudgment interest in a suit against smart home software company Vivint Smart Home Inc. over allegedly deceptive marketing tactics.

  • February 13, 2024

    OpenAI Gets Author Copyright Claims Trimmed — For Now

    A California federal judge dismissed the bulk of two proposed copyright class actions against ChatGPT creator OpenAI Inc. while giving two putative classes led by comedian Sarah Sliverman and author Paul G. Tremblay a chance to cure deficiencies in their pleadings in some instances.

  • February 13, 2024

    Intellectual Property Group Of The Year: Baker Botts

    Baker Botts LLP lawyers got PepsiCo Inc. out of a trademark dispute with a small nitro cold brew startup and pulled a $278.9 million jury verdict against a Chinese drone maker out of the Western District of Texas, earning their law firm a place as one of Law360's 2023 Intellectual Property Groups of the Year.

  • February 13, 2024

    Mallinckrodt Guts IP Suit Amid Oxide Rival's New Drug App

    A Delaware federal judge has dismissed 10 of the originally asserted 14 patents in pharmaceutical company Mallinckrodt's claims against a French industrial gas company over a generic version of its pediatric breathing disorder treatment, as Mallinckrodt filed an amended complaint adding two additional patents to the suit.

  • February 12, 2024

    Pandora Accused Of Withholding Years Of Royalties Payments

    For years, music streaming service Pandora has been underreporting and underpaying the so-called "mechanical royalties" it owes to songwriters and publishers under copyright law, according to a lawsuit filed Monday by the Mechanical Licensing Collective, the entity in charge of collecting and distributing royalties.

  • February 12, 2024

    Teradata Asks 9th Circ. To Revive SAP Antitrust, IP Claims

    Data analytics outfit Teradata urged the Ninth Circuit on Monday to revive its trade secret and tying claims against software giant SAP, saying a lower court judge wrongly excluded testimony from its expert economist and misconstrued agreements about confidentiality made when the two companies attempted a partnership.

  • February 12, 2024

    Google Wins More Atty Fees In 'Frivolous' IP Suit

    A California federal judge on Monday awarded Google additional attorney fees and costs in a patent infringement suit brought by EscapeX IP, saying the patent assertion entity's objections to the initial fee award were "frivolous" and constituted "recklessness."

  • February 12, 2024

    Trucker Tracking Startup Delivers Patent Feud To ITC

    The U.S. International Trade Commission said Monday that it is soliciting feedback on a legal effort by a San Francisco startup that sells trackers to trucking companies to employ the agency in its patent infringement campaign against a local rival that sells similar devices.

  • February 12, 2024

    Google Says AI Data-Scraping Suit Still Doesn't Hold Up

    Google has once again asked a California federal judge to throw out, for good this time, a proposed class action claiming it steals private and copyrighted information from Americans to train its artificial intelligence chatbot, arguing consumers "have only made things worse" in the latest version of their complaint.

  • February 12, 2024

    Amazon Settles IP Suit Over Warehouse Robotics

    Amazon.com Inc. and an augmented reality company have agreed to settle a legal dispute over technology used for warehouse robotics, according to a magistrate judge's order Friday ending a federal lawsuit in Texas.

  • February 12, 2024

    Roddy Ricch's Song 'The Box' Didn't Copy 1975 Tune, Judge Finds

    A New York federal judge has thrown out a lawsuit claiming a 2019 song by musician Roddy Ricch ripped off a song from nearly 50 years ago, saying "no reasonable jury could find that the works are substantially similar" under the right legal test.

  • February 12, 2024

    Squishmallows Battle Skoosherz In Plushie IP Suits

    The Build-A-Bear Workshop toy company and Kelly Toys Holdings filed competing federal lawsuits against each other Monday, with Build-A-Bear seeking a judgment in Missouri that its Skoosherz stuffed toys do not infringe trade dress rights claimed by Kelly's popular Squishmallows, while Kelly Toys' California suit alleges trade dress and copyright infringement.

  • February 12, 2024

    Apple, Rivos On The Way To A Deal In Trade Secrets Fight

    Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

  • February 12, 2024

    Gilstrap Changes Mind, Delays Netlist Trial For PTAB Order

    U.S. District Judge Rodney Gilstrap changed his mind Saturday about allowing Netlist's infringement trial against Micron to proceed before the Patent Trial and Appeal Board's review of two patents-in-suit concludes in April, noting that on further consideration, doing so would pose a risk of inefficiently spending limited judicial resources.

Expert Analysis

  • 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.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Trouble Indemnity: IP Lawsuits In The Generative AI Boom

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    Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.

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