Intellectual Property

  • February 12, 2024

    NY Judge Keeps Navy Contract Trade Secrets Suit Alive

    A New York federal judge partially upheld a trade secrets case against L3 Harris Cincinnati Electronics Corp., finding that BAE Systems plausibly alleged that it was cut out of a government contract for naval defense technology after sharing its proprietary information.

  • February 12, 2024

    Fed. Circ. Upholds PTAB's Trim Of Cooling Patent

    The Federal Circuit has backed a Patent Trial and Appeal Board decision that a computer hardware company's patent claims covering cooling computers are not valid, the latest event in a fight that involved both a patent challenger and the U.S. Patent and Trademark Office.

  • February 12, 2024

    Fla. Van Gogh Café Sued Over Artist's Name In Tea Products

    A Van Gogh exhibition has urged a New York federal judge to issue a declaration that it is not infringing a Florida café's trademark for a tea product in the artist's name, saying in a lawsuit that the business' rights are weak and consumers are unlikely to be confused.

  • February 12, 2024

    Investigator's Atty Wants Mogul Sanctioned In Hacking Suit

    A North Carolina attorney is pressing a federal court to impose a nearly $120,000 sanction for documents demanded of him by an airline tycoon in his hacking lawsuit, arguing the production request was an "undue burden" with an "exorbitant" financial cost.

  • February 12, 2024

    Fish & Richardson Launches Life Sciences Group

    Fish & Richardson PC announced Monday it has kicked off a 140-attorney life sciences industry team led by principals Martina Hufnal and Todd Garcia.

  • February 12, 2024

    Colo. Personal Injury Firm Ditches TM Suit Against Texas Firm

    A prominent Denver personal injury firm has dropped its suit against a Texas rival for allegedly violating a trademark territory agreement, according to an order approved last week by a Colorado state judge.

  • February 12, 2024

    Sazerac Hits Rival With TM Suit Over Coffee-Flavored Vodka

    Alcoholic spirits giant Sazerac Brands LLC hit a Milwaukee-based liquor company with a trademark infringement lawsuit over the branding of coffee-flavored vodka, saying the liquor was sold under its "Grind" mark without authorization.

  • February 12, 2024

    USPTO Says AI-Assisted Invention Patents Hinge On Humans

    The U.S. Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution."

  • February 12, 2024

    Newman Cleared To Fight Law In DC, But Not Suspension

    U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.

  • February 09, 2024

    Apple, Sentius End 'Red Squiggly' Line Patent Dispute

    Sentius International LLC has dropped its lawsuit alleging Apple Inc. infringed its patents concerning the "red squiggly" line spell-check feature in iPhones and MacBooks, according to a joint stipulation filed Friday in California federal court.

  • February 09, 2024

    Authors Say OpenAI Is Playing 2 Courts Against Each Other

    A group of writers suing OpenAI over copyright infringement allegations is accusing the Microsoft-backed startup of "forum shopping for the most favorable schedule," and is asking a federal judge in California to stop the company from trying to litigate a similar suit in New York federal court just because its lawyers made some deals to get a better timetable there. 

  • February 09, 2024

    Chanel Wins $4M Verdict Against NYC Luxury Reseller

    A jury in the Southern District of New York has ordered a luxury reseller to pay Chanel Inc. $4 million for selling unauthorized handbags, following an 18-day trial in Manhattan.

  • February 09, 2024

    Avery Dennison Won't Get New Trial After RFID Patent Loss

    An Oregon federal magistrate judge refused Friday to grant a new trial for Avery Dennison after a jury found it had infringed Adasa's patent on radio frequency identification tags, rejecting a laundry list of issues Avery Dennison outlined regarding the July trial.

  • February 09, 2024

    Philip Morris PTAB Win Overturned At Fed. Circ.

    The Federal Circuit issued a precedential ruling on Friday that overturned a patent board finding that two claims in a patent owned a R.J. Reynolds subsidiary did not do what it described, a week after Reynolds' parent company privately settled its legal fight with Philip Morris over competing tobacco and vape products.

  • February 09, 2024

    Fed. Circ. Affirms Alice Rejection Of Financial Trading Patent

    The Federal Circuit has backed the U.S. Patent and Trademark Office's decision to reject an application for a patent on electronic trading of financial instruments, affirming a finding that the patent didn't actually cover something patentable.

  • February 09, 2024

    Anschutz Says Exploration Co. Stole Well Stats

    An oil and gas exploration company owned by the Anschutz Corporation has accused a Denver prospector of stealing and sharing its confidential well production statistics to promote a development project, according to a trade secrets lawsuit filed in Colorado state court.

  • February 09, 2024

    Fed. Circ. Disputes Newman's Filing Alleging Listserv Cut

    In response to Federal Circuit Judge Pauline Newman's filing alleging she has been cut from the circuit's judicial listserv, the other circuit judges on Friday told the court overseeing her lawsuit challenging her suspension that they "dispute both the accuracy and relevance of those legal and factual points" in her brief.

  • February 09, 2024

    Cigar Co. Doesn't Own 'Dragon' TM, Rival's Dismissal Bid Says

    The defendant in a trademark infringement suit from a cigar company has asked a Florida federal court to dismiss the case, saying that the plaintiff doesn't even own the registered marks it claims were infringed.

  • February 09, 2024

    IP Hires: Wedlake Bell, Norton Rose Fulbright

    Wedlake Bell LLP has recruited a new partner from Laytons LLP, while Norton Rose Fulbright has welcomed to its New York office an experienced intellectual property attorney who previously worked at Kirkland & Ellis LLP and O'Melveny & Myers LLP. Here are the details on these and other notable IP hires.

  • February 09, 2024

    NBA Star Says Tossing Suit Over Shoe Logo Is A Slam Dunk

    NBA player LaMelo Ball, who has been accused of trademark infringement in connection with his signature Puma shoes, has asked a California federal judge to toss the lawsuit, saying the plaintiff doesn't own any rights to the trademark and is making "scurrilous" allegations against him.

  • February 09, 2024

    Pike Place TM Suit Dismissed Following Seattle Settlement

    A Washington judge tossed a trademark infringement case between a popular Seattle fish stand and its landlord after the two parties came to a settlement agreement over claims that the stand had infringed the "Pike Place" mark through the sale of packaged smoked salmon.

  • February 09, 2024

    Fed. Circ. Backs Gov't Win In Fla. University's Patent Dispute

    A Federal Circuit panel has affirmed the rejection of a Florida university's infringement suit against the U.S. government over its patent on lab mice used to study Alzheimer's disease, ruling the 1980 law governing patents developed through federally funded research can apply to work that predates a funding agreement.

  • February 09, 2024

    Fed. Circ. Suggests Smiley Face Could Replace Mail Patent

    A Federal Circuit panel on Friday appeared doubtful that a patent for processing undeliverable mail covers patent-eligible subject matter, with one judge saying a smiley face printed on a piece of mail could theoretically do the same thing.

  • February 09, 2024

    Skillz Wins $42.9M IP Trial Against Rival Accused Of Bot Fraud

    A California federal jury awarded mobile game platform Skillz $42.9 million Friday in its patent infringement fight against rival AviaGames, which is currently facing a criminal probe into its purported use of bots.

  • February 09, 2024

    New Report Recommends IP Commercialization Task Force

    The National Advisory Council on Innovation and Entrepreneurship has told the Biden administration that it should direct the U.S. Patent and Trademark Office to create a task force to commercialize federal technology intellectual property and provide more IP incentives for federally funded research.

Expert Analysis

  • 6 AI Cases And What They Mean For Copyright Law

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    Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

  • Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

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    A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

  • How AI Is Changing The Game Of Professional Sports

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    As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.

  • Trending At The PTAB: 6 Areas To Watch In 2024

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    Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • What's In The USPTO Policy Pipeline This Year

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    Practitioners can expect a number of policy updates and initiatives from the U.S. Patent and Trademark Office this year, including development of AI capabilities, pushback against fraudulent patents and expansion of educational opportunities, say Rosaleen Chou and Lauren Katzenellenbogen at Knobbe Martens.

  • AI In IP Law: The Top Guest Articles Of 2023

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    Keeping up with generative artificial intelligence was the name of the game for intellectual property lawyers in 2023 as the government worked to determine whether AI-generated output is protectable under the law and guest writers assessed the technology's risks and rewards.

  • The Most-Read IP Law360 Guest Articles Of 2023

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    U.S. Patent and Trademark Office incentives and restrictions, Federal Circuit decisions on exact meaning, and lessons from the comedic whodunit “Glass Onion: A Knives Out Mystery” were among popular intellectual property topics guest authors tackled this year.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • Reviewing 2023's Global AI Landscape Across Practice Areas

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    2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.

  • 2024 Trends To Watch As AI And IP Litigation Intersect

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    Just as generative artificial intelligence tools have proven unpredictable, the resulting legal disputes may also hold a few surprises in store for 2024, as intellectual property litigation related to AI inputs, outputs and the tools themselves takes shape, say Philip Warrick and Chengming Liu at Irell & Manella.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

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