Intellectual Property

  • April 10, 2024

    Dems Introduce Bill To Codify Policy Barring Judge Shopping

    Senate Majority Leader Chuck Schumer, D-N.Y., along with 37 other Democratic and two independent senators, introduced legislation on Wednesday to codify the new Judicial Conference of the United States policy against judge shopping after pushback from Republicans and a Texas court.

  • April 10, 2024

    PTAB Will Review Pantech IP Soon After $10M Trial Win

    LG Electronics has persuaded the Patent Trial and Appeal Board to review whether a pair of Pantech Wireless patents are invalid, just over a week after Pantech won a $10 million infringement verdict against OnePlus over similar technology.

  • April 10, 2024

    UGG, Wal-Mart Ordered To File More Details On Slipper Patent

    A California federal judge has ordered Deckers Outdoor Corp. and Wal-Mart Inc. to submit joint briefing on claim construction for an UGG slipper design patent that Deckers alleges the big-box retailer is infringing, saying there is insufficient information for the court to make a decision on summary judgment.

  • April 10, 2024

    Plastic Surgeon Owes $7.7M From Offshore Scheme, US Says

    A now-retired plastic surgeon owes the Internal Revenue Service more than $7.7 million after he ran an offshore employee leasing scheme and he and his wife transferred nearly all their assets to their then-11-year-old daughter, who is now a lawyer, the government told an Ohio federal court.

  • April 10, 2024

    Amazon Hit With $525M Verdict Over Data Storage Patents

    An Illinois federal jury on Wednesday found that Amazon infringed three of a Chicago software company's patents relating to cloud data storage technology, determining that while the infringement was not willful, Amazon owes $525 million in damages.

  • April 10, 2024

    Congress Ponders IP Protections For Human-AI Creations

    A U.S. House of Representatives panel examining intellectual property rights for works made with artificial intelligence grappled Wednesday with where to draw the line on how much human input should be required for creations to receive protections.

  • April 10, 2024

    Pharmacy Gets Eli Lilly's Mounjaro Suit Tossed

    A Florida federal judge has thrown out Eli Lilly & Co.'s suit accusing an online pharmacy of wrongly selling a compounded version of its drug Mounjaro, saying Eli Lilly was "using state law to enforce the terms of" federal law.

  • April 10, 2024

    Justices Asked To Ban FCA Suits Relying On Patent Reviews

    Valeant Pharmaceuticals is going to the U.S. Supreme Court to argue that information cited in Patent Trial and Appeal Board reviews cannot later be used by whistleblowers in False Claims Act lawsuits.

  • April 10, 2024

    'Woodstock' Rivals Set To Test Weed-Adjacent Marks At Trial

    The promoter of the famed 1969 Woodstock music fair sparred Wednesday in Manhattan federal court with an alleged usurper of its prospective right to Woodstock trademarks in the evolving marijuana market, with a jury set to hear the strangely postured dispute.

  • April 10, 2024

    Moderna Says Pfizer Is PTAB 'Tea-Leaf-Reading' In Vax IP Row

    Moderna Inc. asked a Boston federal judge to deny Pfizer Inc.'s bid to pause a COVID-19 vaccine patent trial while the Patent Trial and Appeal Board reviews the validity of two of the three patents at issue.

  • April 10, 2024

    Maine Says Lobster Boat Tracking Counts As Legal Search

    Maine's top fisheries' regulator is arguing that newly required electronic location tracking for some lobstering boats is a legal administrative search of commercial premises and has urged a federal judge to toss a lawsuit alleging the rule violates lobster fishers' constitutional rights.

  • April 10, 2024

    Merchant & Gould Adds IP Team From Oblon McClelland In DC

    Merchant & Gould has expanded its intellectual property services in Washington, D.C., with the recent addition of a five-person team of attorneys who moved their practices from Oblon McClelland Maier & Neustadt LLP.

  • April 09, 2024

    Calif. Addiction Clinic Can't Shake Off Copyright Suit

    An intellectual property and false advertising feud between two rival addiction outpatient clinics in Sacramento will go on, a federal judge in California has ruled.

  • April 09, 2024

    Venable Snags Trio Of Product Liability Partners From Steptoe

    Three Steptoe LLP product liability and mass torts partners have departed the firm and joined Venable LLP in Chicago and Los Angeles, according to an announcement Tuesday.

  • April 09, 2024

    Why IP Attys Are Watching This $2B Trade Secrets Battle

    A case of alleged corporate espionage involving two software companies that resulted in a $2 billion verdict has all the hallmarks of a legal thriller, and attorneys are watching the appeal closely to see how it could impact trade secrets litigation.

  • April 09, 2024

    Pfizer Cancer Drug Way Too Expensive, Biden Told

    The U.S. government is being asked yet again to use patent laws to lower the price of a prostate cancer drug that was developed at UCLA and is being sold by Pfizer for $136 a pill in the U.S.

  • April 09, 2024

    Endo Sues FDA Over Generic Adrenalin Approvals

    Endo has filed a lawsuit against federal health regulatory authorities, alleging that they are wrongfully giving the go-ahead for a generic version of the Adrenalin epinephrine injection, asking for a stay of the decision.

  • April 09, 2024

    Judge Sees Plot Holes In Case Against TV's 'Penny Dreadful'

    A California federal judge has dismissed, for now, a writer's copyright infringement suit accusing cable channel Showtime and the makers of the show "Penny Dreadful" of ripping off her characters from posts she made in a online role-playing community forum called "Murders & Roses: Victorian London Crimes & Scandals."

  • April 09, 2024

    Jenner & Block Recruits Ex-Sheppard Mullin IP Litigator In SF

    Jenner & Block LLP is boosting its intellectual property practice with the addition of a veteran trial lawyer as of counsel in its San Francisco office who was most recently with Sheppard Mullin Richter & Hampton LLP.

  • April 09, 2024

    Court OKs Decision Clearing Contractor Of Missed IP Deadline

    A patent docketing contractor used by major remote law firm FisherBroyles can't be held liable for a "clerical mistake" that led to a missed patent application deadline and then a neurosurgeon's lawsuit potentially seeking nearly $102 million, with a Georgia appeals court affirming a lower court decision that the surgeon never should have relied on those dates in the first place.

  • April 09, 2024

    Medieval Times Drops Appeal In TM Battle With Union

    Medieval Times has dropped its bid to revive trademark infringement claims against the labor union representing its entertainers, according to a filing in the Third Circuit.

  • April 09, 2024

    Ex-DraftKings Exec Loses Bid For $310K In Atty Fees

    A California federal judge will not award the $310,000 in attorney fees a former DraftKings executive claims it cost to handle the ping-ponging of his lawsuit between federal and state court, ruling the removal at the behest of his ex-employer was "suspect" but not unreasonable.

  • April 09, 2024

    'Education Lawyers' Challenge Isn't Over At TTAB, Firm Says

    Jacobson & John LLP's claim that its use of the marketing phrase "The Education Lawyers" has gone unchallenged for five years blatantly misled a Pennsylvania federal court about the phrase's incontestability as a trademark, according to a rival firm's bid to keep its trademark challenge alive there.

  • April 09, 2024

    Chinese Co. Wants To Nix Abbott's 3D TM For Diabetes Tech

    A group of Chinese companies hit back at Abbott's claims that they copied a 3D trademark for a continuous glucose monitoring device, arguing that the product's features shouldn't be protected in the first place.

  • April 09, 2024

    Gaming Co. Fires Back In 'Burning Hot' TM Clash With Rival

    A casino gaming business has hit back at a challenge to the validity of its "Mini Burning Hot" trademark, arguing that its rival is trying to relitigate earlier proceedings and alleging that the competitor's U.K. trademark protections are invalid.

Expert Analysis

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
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    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Can A DAO Be Sued? SDNY Case May Hold The Answer

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    A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.

  • Navigating Trade Secret Litigation In A High-Stakes Landscape

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    Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.

  • Disney Copyright Expiration Spurs Trademark Questions

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    While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Opinion

    There Is No NCAA Supremacy Clause, Especially For NIL

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    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Valeant Ruling May Pave Way For Patent-Based FCA Suits

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    The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.

  • Webpages Must Meet Accessibility Standard To Be Prior Art

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    The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.

  • The Pros And Cons Of Protecting AI As Trade Secrets

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    Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.

  • Trending At The PTAB: Navigating A Motion To Amend

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    The Patent Trial and Appeal Board's recent decisions in motions to amend patent claims highlight the challenges of taking advantage of the board's pilot program for amending such claims, and owners and petitioners should keep several strategic considerations in mind as the program continues through mid-September, say Joshua Goldberg and Kai Rajan at Finnegan.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent

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    The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • How Cos. Can Assess Open-Source Contribution Patent Risks

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    Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.

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