Intellectual Property

  • February 21, 2024

    Fed. Circ. Told Sonos Ruling Treads On Patent Owners' Rights

    A consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year from U.S. District Judge William Alsup that threw out a patent lawsuit from speaker maker Sonos for being too "sad," "ancient" and "wrong" to hold up in his court.

  • February 21, 2024

    Mother Defeats Daughter's 'Que Sera, Sera' Royalties Suit

    A federal judge in Tennessee told the granddaughter of one of the Oscar-winning songwriters behind "Que Sera, Sera" on Wednesday that she should have simply said whatever will be, will be in a feud with her mother over splitting royalties that were already decided by a probate court over two decades ago.

  • February 21, 2024

    Intel Patent Trial Delayed To Allow Time For Counterclaim

    A California federal judge agreed on Tuesday to postpone the latest legal showdown between patent litigation business VLSI and chipmaker Intel after lawyers in the case acknowledged they couldn't reach agreement on the case schedule.

  • February 21, 2024

    Justices Offer Conflicting Clues In Copyright Damages Fight

    U.S. Supreme Court justices hearing a case over damages in copyright disputes gave conflicting hints Wednesday about where they stand on the discovery rule, a judicially created doctrine that allows claims to accrue when plaintiffs learn of alleged infringement.

  • February 21, 2024

    Judge Won't Strike 'Excessive' $2.3M Tobacco TM Verdict

    A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess."

  • February 21, 2024

    FDA Let Pharma Co. 'Sidestep' Application Rules, Court Told

    The Food and Drug Administration has been hit with a suit alleging it wrongly allowed a drugmaker to expand the scope of its application to market a generic version of a blockbuster pulmonary hypertension drug.

  • February 21, 2024

    ByteDance Can't Arbitrate Ex-Coder's Wrongful Firing Suit

    A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.

  • February 21, 2024

    WDTX Jury Clears Samsung In $4B Chip Patent Trial

    A Western District of Texas jury has cleared Samsung of infringing two semiconductor patents, following a trial in which the patent owner sought a record damages award of more than $4 billion.

  • February 21, 2024

    Vidal Won't Consider Letter In Ford, Honda Patent Fights

    U.S. Patent and Trademark Office Director Kathi Vidal has agreed to unseal what she called an "inappropriate" communication that was sent to her about challenges to wireless communications patents owned by Neo Wireless, but said "I have not, and will not, review or consider" what it says.

  • February 21, 2024

    Motorola Wants Rival's IP Use, Unpaid Royalties Investigated

    While Motorola defends its $540 million trade secret win against a major Chinese radio company at the Seventh Circuit, the tech giant asked an Illinois federal judge to look into whether its rival has continued using Motorola trade secrets without paying a royalty and should be held in contempt.

  • February 21, 2024

    Auto Giants Can't Pause Neo Tech Patent MDL

    A Michigan federal judge said Tuesday he wouldn't stay multidistrict litigation by Neo Wireless alleging multiple auto companies infringed its in-vehicle cellular technology while the automakers wait for reviews of the underlying patents, saying a pause now would just delay the cases' return to their original courts.

  • February 21, 2024

    Patent Office Proposes Having More Attys Argue At The PTAB

    Federal patent officials are planning to increase the number of attorneys who can practice before the Patent Trial and Appeal Board, making a proposal to do things such as "designate non-registered practitioners who are recognized pro hac vice" as the legal head of a party in a proceeding.

  • February 21, 2024

    Inventor Group Loses Bid For Info From USPTO

    A D.C. federal judge has given the U.S. Patent and Trademark Office a win in a suit accusing it of flouting federal law by not adequately providing an inventor group with information it requested from the federal government relating to delegations of authority to various officials at the agency.

  • February 21, 2024

    Salesman Accused Of AI Misuse Must Hand Over Co. Docs

    A Connecticut salesman who allegedly used the artificial intelligence application Otter to record company calls must return any of his former employer's internal documents that are still in his possession and swear that he no longer has any of the material at issue in a trade secrets lawsuit, a federal judge has ruled.

  • February 21, 2024

    Actelion Cites FDA Safety Rules Against Tracleer Antitrust Suit

    Actelion Pharmaceuticals Ltd. said federal rules controlling distribution of potentially dangerous drugs spare it from antitrust litigation over its hypertension drug Tracleer, arguing it was required to deny needed samples to would-be generic competitors until they presented the right certification of safeguards.

  • February 21, 2024

    Wells Fargo Settles With Alleged Trade Secrets Poacher

    A Georgia federal court on Tuesday ended a recently settled lawsuit from Wells Fargo Bank against a former employee who was accused of stealing a trove of records from the bank on the eve of his departure for a competing payment processing company.

  • February 21, 2024

    Collector Gets 'One Final Shot' To Pay Famed Artist's Estate

    An Illinois federal judge on Wednesday reinstated a lawsuit claiming a collector infringed the copyright of the late Chicago photographer Vivian Maier, giving the collector until June to pay Maier's estate as agreed in a 2020 settlement of the case.

  • February 21, 2024

    Bradley Arant Adds Ex-Baker Botts Labor, Employment Leader

    Bradley Arant Boult Cummings LLP is deepening its bench in the Lone Star State with the addition of its latest partner in Dallas, the former chair of Baker Botts' labor and employment practice.

  • February 20, 2024

    Fed. Circ. Won't Use Roku's Failed IPRs To End Reexams

    The Federal Circuit on Tuesday shot down Ioengine LLC's argument that the U.S. Patent and Trademark Office must be stopped from having examiners reconsider its patents, saying the patent owner doesn't need mid-dispute relief.

  • February 20, 2024

    Bank's Ex-Employees Must Face Trade Secrets Suit

    A Texas federal judge refused on Tuesday to toss the bulk of trade secret claims against a group of former employees of a company that eventually became Centennial Bank, but he did agree to trim some claims.

  • February 20, 2024

    5th Circ. Sides With Nickelback In 'Rockstar' Copyright Fight

    The Fifth Circuit on Monday ruled against an artist who claims Canadian rock band Nickelback ripped off his song for its 2005 hit "Rockstar," saying that singing about making lots of money or referencing sports are rockstar clichés and does not show a striking similarity.

  • February 20, 2024

    How Future Litigators Are Training In A 'Flight Simulator'

    Law students who would traditionally experience only a few courtroom scenarios over a semester have begun working with programs that can provide an entire array of courtroom curveballs, thanks to large language model artificial intelligence technology.

  • February 20, 2024

    Kirkland Can't Get 'Invasive' Atty Info From 2 BigLaw Firms

    A California federal magistrate judge barred Kirkland & Ellis LLP from subpoenaing confidential personnel information from a former intellectual property associate's prior employers, Paul Hastings LLP and Fish & Richardson PC, in its defense against her discrimination suit, ruling that Kirkland's subpoena requests are "invasive," irrelevant and "amazingly broad."

  • February 20, 2024

    VLSI Seeks Delay Of Trial On Intel Patent License Defense

    VLSI has urged a California federal judge to postpone a trial set for next month on Intel's claim that it has a license to VLSI's semiconductor patents in the multibillion-dollar dispute between the companies, saying the current trial date is "unfeasible and unfair."

  • February 20, 2024

    DraftKings Pushes To Keep Strict Limits On Former Exec

    Sports betting company DraftKings Inc. on Tuesday urged a Massachusetts federal court to maintain tight restrictions on a previous executive who is now working for Fanatics, bashing the man's attempts at loosening the court's order as "procedural sophistry" that will threaten its business.

Expert Analysis

  • 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.

  • Is Compulsory Copyright Licensing Needed For AI Tech?

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    The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

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