Intellectual Property

  • April 02, 2024

    Podcast Agrees To Ax AI-Generated George Carlin Special

    The makers of Dudesy, a comedy podcast created and written by artificial intelligence, have agreed to take down a fake comedy special that "resurrected" George Carlin and to refrain from using the late comedian's image, voice and likeness without permission, Carlin's estate told a California federal judge Tuesday.

  • April 02, 2024

    USPTO Stands By Proposal To Increase Many Patent Fees

    The U.S. Patent and Trademark Office released a proposal Tuesday to increase many patent-related fees beginning next year, standing by planned hikes related to requesting continued examination, design patents and post-grant challenges that have drawn concern.

  • April 02, 2024

    'This Just Has To Stop': Judge Hits Hytera With $1M Daily Fine

    An Illinois federal judge imposed a daily $1 million fine and other steep contempt sanctions against Hytera Communications on Tuesday, as she ripped the company for violating her order to refrain from participating in Chinese litigation that could undermine Motorola Solutions' $530 million mobile radio trade secrets trial win.

  • April 02, 2024

    Judge Notes There's No 'Jump To Conclusions' Mat In His Court

    In throwing out a lawsuit against a luxury car brand, a Delaware federal judge likened an expert report proffered by a patent litigation outfit to the absurd "Jump To Conclusions" mat from the 1999 movie "Office Space."

  • April 02, 2024

    Lupin Scores Win In Rosacea Patent Fight With Galderma

    A judge has found that Galderma failed on its allegations that Lupin infringed a pair of its patents that cover a rosacea drug, saying "Galderma has a theory but no proof."

  • April 02, 2024

    Frat That Allows Women Barred From Using 'Sigma Phi' Name

    A federal judge in Detroit says that a University of Michigan fraternity is breaking the law by continuing to use the Sigma Phi name after the national fraternity excommunicated the group for accepting women.

  • April 02, 2024

    Calif. IP Owners Can't Intervene In NY Case, Judge Says

    A New York federal judge has refused to let copyright holders who have sued in California into litigation in the Empire State accusing OpenAI and Microsoft of copyright infringement.

  • April 02, 2024

    Fed. Circ. Seems Ready To Revive Amarin's Skinny Label Suit

    A Federal Circuit panel seemed wary Tuesday of a Delaware federal judge's decision to throw out Amarin Pharma Inc.'s infringement suit over Hikma Pharmaceuticals USA Inc.'s limited-use version of the blockbuster cardiovascular drug Vascepa, suggesting the district court may have been too hasty.

  • April 02, 2024

    Fed. Circ. Questions Attorney's Fee Award In Dish Patent Case

    A Federal Circuit judge questioned a district court decision to award $3.9 million in attorney fees to Dish Network in its successful patent suit defense against Realtime Adaptive Streaming, picking apart a series of "red flags" that U.S. District Judge R. Brooke Jackson said should have prompted Realtime to drop its case well before summary judgment.

  • April 02, 2024

    USPTO Targeted In Brothers' Patent Litigation Campaign

    Two brothers who are software engineers and claim to have invented two-factor authorization are accusing the U.S. Patent and Trademark Office of infringing their patents with its sign-in website.

  • April 02, 2024

    Samsung, Micron Notch PTAB Wins On Netlist Patents

    The Patent Trial and Appeal Board decided Monday that two Netlist computer memory patents are invalid, in a win for Samsung, which was previously found to infringe the patents in a $303 million Texas verdict, and Micron, whose infringement trial was postponed to await the rulings.

  • April 02, 2024

    BigLaw Recruiter's Bid To Ditch $6M Ruling Fails At 5th Circ.

    A BigLaw recruiter is on the hook for more than $6 million for stealing trade secrets and breaking a noncompete agreement with his former employer after the Fifth Circuit ruled client details taken by the recruiter were confidential information.

  • April 02, 2024

    Daiichi Gets Award Nixing Seagen Cancer Drug Claims OK'd

    A Washington federal judge has refused to revive U.S. biotech company Seagen Inc.'s claims seeking billions of dollars in damages in a dispute with Japanese drugmaker Daiichi Sankyo Co. Ltd. over cancer drug patents, ruling that an arbitrator who tossed the claims did not disregard the law.

  • April 02, 2024

    Fanatics Exec To Take Stand In DraftKings Noncompete Suit

    A Boston federal judge said Tuesday she expects a former DraftKings executive to testify later this month in a hearing to sort out competing narratives and allegations of corporate espionage related to his abrupt departure to work for rival sportsbook Fanatics.

  • April 02, 2024

    Qualcomm Says 9th Circ. Panel Already Heard Chip Claims

    Qualcomm is urging the Ninth Circuit to assign an appeal from phone and tablet buyers looking to revive allegations that the chipmaker uses anti-competitive licensing practices to the same panel that nixed a class certification ruling in the long-running case.

  • April 02, 2024

    BCLP Joins Forces With Trial Lawyer Boutique In Seattle

    Bryan Cave Leighton Paisner LLP announced Tuesday it has combined with a litigation group of 12 lawyers who formerly practiced together as Harrigan Leyh Farmer & Thomsen LLP in Seattle.

  • April 01, 2024

    Pharrell's Neptunes Partner Says Hitmaker Committed Fraud

    Pharrell Williams has claimed sole ownership of the name the Neptunes, a move that lawyers for the pop sensation's producing partner said was fraud and led them to file a legal action at the Trademark Trial and Appeal Board.

  • April 01, 2024

    L'Oreal Wins Toss Of Trade Secret Suit Over Misconduct

    A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt on the veracity and integrity of all evidence" and that axing the suit altogether is the "only appropriate sanction."

  • April 01, 2024

    Split 9th Circ. Says Court Can Void Pot Co.'s TM Applications

    A Ninth Circuit majority affirmed on Monday the cancellation of cannabis grower Central Coast Agriculture's trademark applications for its "Raw Garden" brand due to its lack of bona fide intent to use the marks commercially, with one judge dissenting, saying district courts can't interfere with and prematurely cancel trademark applications.

  • April 01, 2024

    Alien IP Suit Against New Age Video Co. Gaia Falls To Earth

    A Colorado federal judge has dismissed nearly all of a lawsuit from a UFO community influencer against yoga and New Age content website Gaia Inc., finding most of his claims were too vague.

  • April 01, 2024

    Apple, Intel Again Lose Fintiv APA Challenge In Calif. Court

    A California federal judge on Sunday ended Big Tech's coordinated challenge to Patent Trial and Appeal Board precedent that allows its judges to discretionarily deny patent reviews based on how proposed reviews overlap with related litigation in other forums.

  • April 01, 2024

    Fed. Circ. Revives Challenges To J&J Schizophrenia Drug

    A Federal Circuit panel on Monday gave generics-makers Teva Pharmaceuticals USA Inc. and Viatris Inc. a new chance to prove that a patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid, saying a lower court used an "erroneously rigid" analysis when rejecting their challenge.

  • April 01, 2024

    Pool Co. Seeks $4.36M In Atty Fees After False Ad Verdict

    Attorneys from McCarter & English LLP and Womble Bond Dickinson LLP are seeking more than $4 million in fees following a multimillion-dollar verdict in a North Carolina false advertising and unfair business practices suit involving rival pool supply companies.

  • April 01, 2024

    Sports Illustrated Hits 'Gangster' Ex-Publisher With IP Suit

    The owner of Sports Illustrated alleges in a $49 million lawsuit filed Monday in Manhattan federal court that an energy drink mogul acted like a "gangster" when he became the magazine's publisher, tearing apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property.

  • April 01, 2024

    Gwyneth Paltrow's Goop Faces TM Suit Over Health Products

    Oregon-based Good Clean Love Inc. sued Gwyneth Paltrow's Goop Inc. for trademark infringement over its good.clean.goop women's health products, alleging that the rival's branding is threatening Good Clean Love's reputation and goodwill by sowing customer confusion.

Expert Analysis

  • 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.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Averting Patent And Other IP Risks In Generative AI Use

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    While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • 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.

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