Intellectual Property

  • May 17, 2024

    3rd Circ. Won't Rethink Cancellation Of $10M Win In TM Battle

    Texans can continue to be subjected to the earworm that is the "Kars 4 Kids" jingle, as the Third Circuit declined this week to reconsider its ruling against a local charity that had temporarily won a $10 million judgment in a trademark dispute over the name.

  • May 17, 2024

    Patent Office Gets Another Earful About 'March-In' Plan

    Industry groups of all stripes have lined up at the U.S. Patent and Trademark Office to complain yet again about a Biden administration proposal from last year to potentially use "march-in" rights and seize pharmaceutical patents using the Bayh-Dole Act.

  • May 17, 2024

    Pfizer Unit Wins $107.5M Patent Verdict Against AstraZeneca

    A Delaware federal jury on Friday said that AstraZeneca Pharmaceuticals LP should pay $107.5 million in royalty damages for infringing a Pfizer-brand cancer treatment patent, although a final decision won't be issued until after a bench trial on some of AstraZeneca's additional defenses. 

  • May 17, 2024

    'Confusing' Evidence Leads To New Patent Trial For Shopify

    A Delaware federal judge Friday granted in part Shopify Inc.'s bid for a new trial in an infringement suit over a series of patents for website generation owned by Express Mobile Inc. after Express won a $40 million jury verdict in 2022.

  • May 17, 2024

    Royalty Suit Aims To Make Spotify Nix 'Bundled' Subscription

    In a lawsuit against Spotify, the nonprofit the U.S. Copyright Offices uses to distribute royalties alleged Thursday that the audio streaming service's new premium subscription package could cause illegal underreporting of royalties and cost songwriters and music publishers "hundreds of millions of dollars."

  • May 17, 2024

    'Wolfman' Blasts Paramount's Bid To Toss 'Top Gun' IP Suit

    The actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie has urged a California federal court not to dismiss his right-of-publicity complaint against Paramount Pictures for using his image in the 2022 blockbuster sequel, saying the film studio is incorrect to argue the First Amendment shields it from the suit.

  • May 17, 2024

    T. Boone Pickens' Ranch Buyer Can Proceed With TM Suit

    The new owner of the late T. Boone Pickens' luxurious hunting estate in the Texas Panhandle can proceed with a lawsuit accusing a neighboring property owner of infringing the ranch's trademark rights by using them to advertise a land sale, a federal judge concluded Thursday.

  • May 17, 2024

    PTAB Denies Institution Of Review Of Mel NavIP Patent

    The Patent Trial and Appeal Board has said it wouldn't be reviewing an automotive navigation device patent, handing a win to Hyundai Motor Co. in the patent dispute.

  • May 17, 2024

    Insurance Cos. Jointly Drop Policy Language Copyright Suit

    An insurance policy licensing group and an underwriting firm told a Connecticut federal judge Friday that they have agreed to end their dispute with two insurance underwriting competitors they accused of infringing their copyrights by copying certain language from a marine transportation policy and using it without permission.

  • May 17, 2024

    Calif. Jury Finds Samsung Breached Contract With Netlist

    A Los Angeles federal jury found on Friday that Samsung materially breached a contract with chipmaker Netlist by cutting off its supply of crucial memory products, delivering a significant win for Netlist in its multi-jurisdictional patent fight with Samsung even though no monetary damages were at stake.

  • May 17, 2024

    Nestle Assistant GC Joins Mayer Brown's IP Practice In LA

    Mayer Brown LLP has hired Nestle's U.S. head of brand intellectual property as counsel for its global IP practice in Los Angeles.

  • May 17, 2024

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.

  • May 16, 2024

    Voice Actors Say Lovo Stole Their Voices For AI Tech

    Artificial intelligence startup Lovo has been stealing actors' voices for its AI-driven voice-over software, voice actors Paul Lehrman and Linnea Sage alleged in a proposed class action Thursday after they unexpectedly heard Lehrman's voice used in a podcast about the potential dangers of AI technology.

  • May 16, 2024

    Internet Archive Must Face Record Labels' Copyright Suit

    A California federal judge on Wednesday ruled that the Internet Archive and the foundation that helps fund it must face a suit from record labels accusing the archive of copyright infringement by willfully copying and distributing thousands of protected recordings for free, saying the archive failed to show that the complaint was untimely.

  • May 16, 2024

    PTAB Will Review Cash-Out Patent Challenged By DraftKings

    The Patent Trial and Appeal Board said Wednesday it will review a patent owned by DraftKings Inc. rival Colossus Bets on a way for gamblers to "cash out" of a sports bet to cut their losses before a game is over.

  • May 16, 2024

    High Court Told USPTO's Address Requirement Is Dangerous

    A North Carolina trademark law firm is taking its fight against a new rule requiring trademark applicants to provide their home addresses all the way to the U.S. Supreme Court, telling the justices that this requirement publicized "the home addresses of victims of domestic violence and stalking, as well as celebrities and other public figures."

  • May 16, 2024

    Investigate Pro-Gaza Reddit Post, GOP Pols Tell USPTO

    An anonymous Reddit post purportedly from a patent examiner confessing "mixed feelings" about issuing a patent to an Israeli defense contractor, citing the country's ongoing bombardment of Gaza, has attracted the attention of Republicans in Congress and the director of the U.S. Patent and Trademark Office herself.

  • May 16, 2024

    Fed. Circ. Grills Sherwin-Williams, PPG On Coating Patents

    The judges of the Federal Circuit had tough questions for both sides Thursday as Sherwin-Williams Co. appealed a jury verdict that its beverage can coating patents are invalid due to earlier patents issued to PPG Industries Inc., which was accused of infringement.

  • May 16, 2024

    Donna Summer's Estate Working With Ye To Settle IP Suit

    Donna Summer's estate has indicated that it is finalizing a settlement with rappers Kanye West and Ty Dolla $ign to resolve a copyright complaint that alleges the musicians sampled the legendary disco singer's 1977 hit "I Feel Love" without permission.

  • May 16, 2024

    Viacom Sues Apparel Co. Over 'TMNT,' 'Avatar' Products

    Viacom International Inc. accused an apparel and toys company in New York federal court of profiting off products that infringe its trademarks for "Teenage Mutant Ninja Turtles" and "Avatar: The Last Airbender," among other intellectual properties.

  • May 16, 2024

    DC Judge Reluctantly Holds That Hyatt Forfeited Patents

    A D.C. federal judge on Thursday found the U.S. Patent and Trademark Office has sufficiently proven that inventor Gilbert Hyatt forfeited the right to receive certain patents based on decades of delay, but made clear that his finding was the result of a Federal Circuit mandate, not how he thought the case should be approached.

  • May 16, 2024

    Gilead, Teva Want 17 HIV Drug Antitrust Appeals Consolidated

    Gilead Sciences Inc. and Teva Pharmaceuticals are asking the Ninth Circuit to consolidate 17 appeals contesting their win in a case alleging they delayed generic versions of HIV medications, saying the three groups of buyers are raising largely the same issues but refuse to commit to combining their briefs.

  • May 16, 2024

    11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

    An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."

  • May 16, 2024

    Ex-Execs Accuse Truist Of Hijacking Control Of Mortgage Unit

    Three former executives who spearheaded the real estate finance arm of Truist Financial Corp. before they left for a competitor are countersuing the bank for allegedly usurping control of the business, saying Truist then tried forcing them out to skirt paying severance.

  • May 16, 2024

    Baker Botts Grows IP Group With Perkins Coie Atty In Calif.

    Baker Botts has welcomed a Perkins Coie LLP partner to its Palo Alto, California, office, strengthening its intellectual property department with a litigator whose clients include Chinese and Taiwanese technology companies, the international law firm announced Thursday.

Expert Analysis

  • What 100 Federal Cases Suggest About Changes To Chevron

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    With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

  • Patent Damages Jury Verdicts Aren't Always End Of The Story

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    Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.

  • Manufacturers Should Pay Attention To 'Right-To-Repair' Laws

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    Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.

  • Why High Court May Have Rejected IP Obviousness Appeal

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    Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.

  • Opinion

    Viral Deepfakes Of Taylor Swift Highlight Need For Regulation

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    As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.

  • A Guide To Using The DTSA For Misappropriation Recourse

    Excerpt from Practical Guidance
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    Nicholas Armington at Mintz explains the ins and outs of drafting a misappropriation complaint under the Defend Trade Secrets Act, and how and why companies should think strategically about federal and state law when filing a claim.

  • How Cos. Can Protect IP In Light Of FTC Noncompete Rule

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    While several groups are challenging the Federal Trade Commission’s recently approved rule banning noncompetition agreements, employers should begin planning other ways to protect their valuable trade secrets, confidential information and other intellectual property, says Thomas Duston at Marshall Gerstein.

  • The Fed. Circ. In April: Hurdles Remain For Generics

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    The Federal Circuit’s recent Salix v. Norwich ruling — where Salix's brand-name drug's patents were invalidated — is a reminder to patent practitioners that invalidating a competitor's patents may not guarantee abbreviated new drug application approval, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • The Secret Sauce For Trademarking Viral Food Products

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    Three recent high-profile trademark disputes in the food industry illustrate the importance of protecting brands early — especially for any company aiming for viral fame — and underscore the value of intent-to-use applications, say Elliot Gee and Matthew Dowd at Dowd Scheffel.

  • Chanel TM Ruling Shows Resellers Must Tread Carefully

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    The Southern District of New York's recent jury verdict in Chanel v. What Goes Around Comes Around, in which Chanel brought trademark infringement and false association claims, serves as a reminder that businesses must routinely ensure their practices are protected by the first sale and fair use doctrines, say Stephen Barrett and Gabriela Rios at Wilson Elser.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • Fed. Circ. Ruling Shows Difficulty Of Proving Deceptive Intent

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    The Federal Circuit’s recent Freshub v. Amazon decision demonstrates how proving the deceptive intent requirement for inequitable conduct can be challenging, even when there is a five-year delay after abandonment before revival, say attorneys at BCLP.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

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