Intellectual Property

  • 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 spares 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.

  • February 20, 2024

    Patent Atty Group Supports Vanda In High Court Patent Case

    The National Association of Patent Practitioners, the American Council of the Blind and other groups have thrown their support behind Vanda's U.S. Supreme Court appeal of decisions invalidating its patents on Hetlioz, a drug for the blind.

  • February 20, 2024

    Ericsson, Lenovo IP Row Halted Amid Federal Probe

    A lawsuit alleging that Lenovo is infringing Ericsson's video technology was halted by a North Carolina federal court, which reasoned that a federal probe that will look into the same issues as the suit should be completed before the litigation can proceed.

  • February 20, 2024

    4th Circ. Orders Redo On Sony's $1B Music Piracy Damages

    Cox Communications Inc. is liable for contributing to copyright infringement against Sony Music Entertainment and others, but a Virginia federal court went too far by applying vicarious liability as well and needs to redo its $1 billion damages determination, the Fourth Circuit ruled Tuesday.

  • February 20, 2024

    Santos Wages IP Suit Against Kimmel's Prank Cameo Videos

    Former Rep. George Santos has accused Jimmy Kimmel of tricking him into recording phony Cameo request videos so the late-night host could air them and make fun of him on his show, according to a complaint alleging Kimmel, ABC and Disney are liable for copyright infringement, fraudulent inducement and other claims.

  • February 20, 2024

    Jack Daniel's Asks For Judgment In Chewy Dog Toy TM Fight

    The long-running dispute between Jack Daniel's and a company that made a poop-themed dog toy that parodied the whiskey maker's iconic bottles is back where it began 10 years ago in Arizona federal court, with each side asking for favorable judgments after the U.S. Supreme Court ruled the First Amendment does not shield VIP Products LLC from trademark claims.

  • February 20, 2024

    Peloton Win Brings 'Bike+' TM Suit To A Screeching Halt

    A California federal magistrate judge has tossed a trademark suit against Peloton over its "Bike+" brand, saying in her summary judgment decision that there is "no likelihood of confusion" between the interactive fitness equipment giant's product and a mobile app developed by a professional cyclist's fitness-tech company.

  • February 20, 2024

    Fed. Circ. Backs Microsoft's PTAB Win Over 3D Patents

    The Patent Trial and Appeal Board properly invalidated a pair of 3D medical imaging patents challenged by Microsoft, the Federal Circuit affirmed Tuesday.

  • February 20, 2024

    NYC Nonprofit Sues Rival Over 'Brooklyn Half Marathon' TM

    The nonprofit behind road races including the New York City Marathon has filed a suit against a rival organizer it claims infringed its trademark for the "Brooklyn Half Marathon" race.

  • February 20, 2024

    Orrick Lands Crowell & Moring ITC Practice Co-Leader In DC

    Orrick Herrington & Sutcliffe LLP announced Tuesday that it has added the co-leader of Crowell & Moring LLP's International Trade Commission Section 337 practice to its intellectual property litigation team in Washington, D.C.

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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