Intellectual Property

  • May 06, 2024

    DC Circ. Dubious Of DMCA Speech-Rights Fight

    Opponents of the Digital Millennium Copyright Act's anti-circumvention provision met a skeptical D.C. Circuit panel on Monday as judges grappled with whether the provision hinders First Amendment activity.

  • May 06, 2024

    Judge Turns Down Realtek's Patent 'Conspiracy' Case

    A California federal judge has found that Taiwanese chipmaker Realtek can't use the federal courts to sue one of its major rivals for allegedly using a "bounty" to fund "patent troll" litigation against it because that doesn't break any federal antitrust laws.

  • May 06, 2024

    Amazon Loses Bid To Ship Patent Case From EDTX To Wash.

    An Eastern District of Texas judge has denied Amazon's motion to transfer a two-factor authentication patent suit against it to the Western District of Washington, ruling that the e-commerce giant didn't show that its home base was clearly a more convenient location.

  • May 06, 2024

    Fed. Circ. Urged Not To Limit Use Of Patents Apps At PTAB

    The U.S. Patent and Trademark Office, Samsung, and tech industry groups have urged the Federal Circuit to reject an argument that patent applications can only be used to invalidate patents in inter partes reviews based on their publication date, saying the filing date is what counts.

  • May 06, 2024

    Home Builder Beats NC Trade Secrets Suit

    The North Carolina's business court scrapped an interior designer's claims that a competitor stole cabinetry designs and customer information when it hired a former employee, sparing only an accusation that the ex-worker embezzled money.

  • May 06, 2024

    Activision Blizzard Owes $23.4M In Patent Row, Jury Finds

    Video game developer Activision Blizzard owes Acceleration Bay $18 million for infringing a patent with its "World of Warcraft" game and an additional $5.4 million for infringing another patent in "Call of Duty," a Delaware federal jury found Friday.

  • May 06, 2024

    Experienced Trade Disputes Atty Joins Baker McKenzie In DC

    Baker McKenzie announced Monday that it has hired an experienced attorney with more than a decade spent working on international trade matters as a partner in its Washington, D.C., office.

  • May 06, 2024

    Mintz Adds Proskauer Life Sciences IP Litigation Team

    Mintz Levin Cohn Ferris Glovsky and Popeo PC has brought on a life sciences patent litigation team of roughly a dozen attorneys from Proskauer Rose LLP in Los Angeles, Boston and New York led by the former chair of Proskauer's life sciences patent practice, the firm announced Monday.

  • May 03, 2024

    10th Circ. Blasted For Warhol Reading In 'Tiger King' IP Suit

    Filmmakers, authors and law professors have urged the Tenth Circuit to revisit its decision to revive part of a copyright complaint against Netflix for its popular "Tiger King" docuseries, arguing that an appeals panel misapplied the U.S. Supreme Court's landmark Warhol decision when it ruled against the streaming service.

  • May 03, 2024

    Samsung Seeks $6.7M In Fees After Beating $4B Patent Case

    Samsung asked U.S. District Judge Alan Albright to award it $6.7 million in attorneys' fees after beating a $4 billion infringement suit over two semiconductor patents, saying the patent holder's "exceptional misconduct" during the litigation warrants the requested award, according to a motion unsealed on Friday.

  • May 03, 2024

    Gilstrap Scraps $6.6M Tire Pressure IP Verdict Against Autel

    A federal judge in Texas has granted Autel's post-trial motion for judgment as a matter of law that it does not infringe an Orange Electronic Co. Ltd. tire pressure monitoring patent, wiping out a $6.6 million jury verdict from June.

  • May 03, 2024

    New AI Copyright Class Actions Target Nvidia, Databricks

    Artificial intelligence developers Nvidia and Databricks are facing a new round of class action litigation in California federal court, this time from authors like longtime New Yorker writer Susan Orlean and YA scribe Jason Reynolds.

  • May 03, 2024

    Eolas Is Latest Patent Owner To Take Alice Loss To High Court

    A patent licensing outfit run by a onetime computer lab director at the University of California, San Francisco, is the latest to go to the U.S. Supreme Court to complain about patent eligibility.

  • May 03, 2024

    USPTO Wins Remand To Polish Up TTAB Holding

    The Federal Circuit agreed Friday to let the U.S. Patent and Trademark Office rework a trademark board ruling to align it with more recent precedent, a move that lawyers for the maker of the NordicTrack treadmill brand have blasted procedurally as a "rudderless remand."

  • May 03, 2024

    Fed. Circ. Says PTAB Rightly Axed Some Ioengine IP Claims

    The Federal Circuit has backed the Patent Trial and Appeal Board's finding that invalidated numerous Ioengine LLC patent claims on card reader technology challenged by Ingenico Inc.

  • May 03, 2024

    Nikola Ends Board Takeover Suit As Ex-CEO's Noms Withdraw

    An Arizona federal judge on Thursday agreed to toss Nikola Corp.'s complaint against its former CEO and convicted felon Trevor Milton and several others accusing them of an illegal board takeover by pushing unqualified candidates, after the defendants withdrew their board nominees and the parties amicably resolved the dispute.

  • May 03, 2024

    Grubhub Urges Justices Not To Review Kroger TM Dispute

    Grubhub told the U.S. Supreme Court on Friday that there's no need for the justices to review the Seventh Circuit's recent finding that consumers are unlikely to confuse Grubhub's logo with a logo used by Kroger's meal-kit delivery service Home Chef, arguing the trademark case doesn't raise a novel issue warranting review.

  • May 03, 2024

    GoPro Gets ITC To Probe Patent Case Over Camera Imports

    The U.S. International Trade Commission said it is going to look into allegations that certain imports of cameras have violated federal law by infringing a variety of patents owned by GoPro.

  • May 03, 2024

    Fintech Co. Says PNC Acknowledged Use Of Logo For Years

    Fintech company Plaid Inc. tried to fend off PNC Bank's allegations it tricked customers into handing over confidential account information, telling a Pennsylvania federal judge on Friday that the bank knew its trademarks were being used on Plaid's system.

  • May 03, 2024

    How Big IP Judgment Winners Are Insuring 'Nuclear Verdicts'

    Until a few years ago, intellectual property plaintiffs who scored large monetary awards — often referred to as "nuclear verdicts" — had to wait out a lengthy appellate process before knowing how much money they would end up with. But a relatively new type of insurance policy is allowing plaintiffs to insure part of their judgment in case it gets reduced or wiped out on appeal. 

  • May 03, 2024

    Craft Brewer Says Tequila Co. Can't Void Its 'Dragon's Milk' TM

    A Michigan craft brewer filed a trademark action against a Mexican tequila company Thursday for trying to invalidate the brewer's "Dragon's Milk" name for being similar to the defendant's "Casa Dragones" mark, arguing the tequila maker's brand isn't a household name or famous, as defined by the federal Lanham Act.

  • May 03, 2024

    Off The Bench: DraftKings, FIFA Warning, Charity Turmoil

    In this week's Off The Bench, DraftKings blocks a former executive from working at an emerging rival in the U.S., FIFA's transfer rules get flagged as a potential antitrust breach and the nonprofit marshaling donations to NFL safety Damar Hamlin sues its former counsel over media leaks.

  • May 03, 2024

    Law Firm Pans Photographer's IP Suit Over Website Image

    The Schmidt Firm asked a Texas federal judge Friday to ax a professional photographer's allegations the Dallas-based firm illegally posted his copyrighted image of convicted sexual abuser and ex-Columbia University obstetrician-gynecologist Robert Hadden on its website without permission.

  • May 03, 2024

    2nd Circ. Upholds Adidas TM Trial Loss To Thom Browne

    The Second Circuit upheld a jury verdict that found fashion brand Thom Browne's shoes and apparel did not rip off Adidas' iconic three-stripe logo, saying Friday that a Manhattan federal judge did not make a mistake with the instructions he provided jurors.

  • May 03, 2024

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

    The past week in London has seen rapper Ivorian Doll hit with a copyright claim, private members club Aspinalls file a claim against a Saudi sheikh, and Motorola Solutions file a claim against the British government on the heels of its dispute over losing a £400 million ($502 million) government contract. Here, Law360 looks at these and other new claims in the U.K.

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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