Intellectual Property

  • April 22, 2024

    Shade Co. Calls $34.6M Patent Verdict 'Grossly Excessive'

    Home lighting fixtures company Lutron and rival GeigTech are continuing their legal fight after a New York federal jury found that Lutron owes GeigTech $34.6 million for infringing a patent, with Lutron saying the award was "grossly excessive."

  • April 22, 2024

    Ex-Gov. Huckabee Says Bloomberg Can't Duck Copyright Suit

    Former Arkansas Gov. Mike Huckabee has urged a New York federal court not to dismiss Bloomberg from his proposed class action alleging copyright infringement of e-books to train the media company's large language model, arguing the business cannot lean on a fair use defense to toss the complaint at this stage.

  • April 22, 2024

    Abbott Says Rival Can Make Diabetes Tech Without TM Shape

    An Abbott Laboratories unit is defending a 3D trademark it owns over its continuous glucose monitoring devices, arguing that it is the only company offering a device in that distinctive circular shape despite Sinocare Inc. and other rivals' arguments to the contrary.

  • April 22, 2024

    Foley & Lardner Gains Two Perkins Coie IP Partners

    Foley & Lardner LLP has landed two attorneys from Perkins Coie LLP who focus on a range of intellectual property and patent matters and work with clients in the financial technology and software industries, the firm announced Monday.

  • April 22, 2024

    UAE Considering R&D Tax Break, Seeks Feedback

    The United Arab Emirates is seeking public input to help design a possible research and development tax incentive proposal to help drive innovation and growth, its Ministry of Finance said.

  • April 22, 2024

    Supreme Court Won't Review Vanda's IP Obviousness Appeal

    The U.S. Supreme Court on Monday rejected Vanda Pharmaceuticals Inc.'s request for review of how the Federal Circuit is deciding whether patents are invalid as obvious, ending the company's attempt to revive patents covering its sleep disorder drug Hetlioz.

  • April 19, 2024

    Jane Street Denied TRO In Trade Theft Suit Against Millennium

    A New York federal judge on Friday refused Jane Street Group LLC's bid for an emergency order after the trading firm accused rival Millennium Management LLC and two former employees of stealing and misappropriating a confidential trading strategy.

  • April 19, 2024

    Nestlé Strikes Deal Ending Gray-Market Drinks Trademark Row

    Nestlé USA Inc. and two food distributors have asked a Texas federal judge to permanently dismiss their trademark infringement fight accusing the distributors of illegally selling so-called gray-market versions of Nescafe Clasico and Abuelita products, saying parties recently reached a settlement agreement.

  • April 19, 2024

    Don't Let The Rush Into AI Create Risk Blind Spots, Cos. Told

    As corporations increasingly adopt artificial intelligence capabilities into their workflows, they should also implement guardrails to stave off major risks the rapidly evolving technology poses, lawyers said during a New York City Bar panel discussion Friday.

  • April 19, 2024

    Vidal Undoes PTAB Denial That Cited Previous Settled Case

    U.S. Patent and Trademark Office Director Kathi Vidal on Friday faulted the Patent Trial and Appeal Board's denial of a petition challenging a lighting patent based on a previous review of the same patent by an unrelated company that settled.

  • April 19, 2024

    Judge Mulls Axing Biomedical Cos.' $25M Punitive Damages

    Not enough evidence supports Skye Orthobiologics' $25.5 million punitive damages award against an ex-employee found to have breached his fiduciary duties by leveraging Skye's proprietary information, a California federal judge has ruled, asking for briefing on whether the proper remedy is to cut the damages or grant a new trial.

  • April 19, 2024

    Roku Beats Streaming-Tech Infringement Suit In Texas

    A Texas federal jury on Friday cleared Roku Inc. on allegations that it infringed two Ioengine LLC patents with its various streaming players, while not addressing arguments that those patents should be invalidated.

  • April 19, 2024

    Del. Court Won't Invalidate Coupon IP On Alice 'Borderline'

    A Pennsylvania federal judge sitting in Delaware has determined that Inmar Brand Solutions Inc.'s coupon-processing system patents are not abstract and therefore should not be invalidated under the U.S. Supreme Court's Alice precedent.

  • April 19, 2024

    Tattoo Artist Loses IP Trial Against NBA 2K Video Game Cos.

    An Ohio federal jury on Friday found in favor of the makers of the video game series NBA 2K, which were accused by a tattoo artist of infringing copyrights he has on tattoos that he inked on LeBron James and other basketball players.

  • April 19, 2024

    Steelmaker Asks ITC To Halt EV Imports From Vietnamese Co.

    Luxembourg-based steel manufacturer ArcelorMittal is asking the U.S. International Trade Commission to bar electric vehicle imports from Vinfast, which claims to be the first Vietnamese business to ship electric cars worldwide, with ArcelorMittal saying the company is infringing its patented aluminum-steel coating.

  • April 19, 2024

    Protein Powder Co. Can't Boost $10M Trade Dress Award

    Protein powder maker Orgain wasn't able to increase its $10 million jury award it won in a trade dress infringement lawsuit against a rival, with a California federal judge saying she wouldn't give it a "massive windfall."

  • April 19, 2024

    AI Image Cos. Say Artists Offer Little Proof In Copyright Case

    Four companies that make or distribute artificial intelligence software that creates art through prompts have told a California federal court that a proposed class action from artists must end, arguing the plaintiffs still have not shown proof that any of the businesses infringed or induced infringement of copyrighted works.

  • April 19, 2024

    Paramount Says 'Wolfman' Claims In 'Top Gun' Suit Don't Fly

    Paramount Pictures has urged a California federal court to toss a lawsuit from the actor who played Henry "Wolfman" Ruth in the original "Top Gun," saying he cannot claim his image was used in the 2022 sequel without his permission because the movie studio owns all rights to the Wolfman character.

  • April 19, 2024

    Off The Bench: NCAA Rules, Trans Athlete Win, NBA Pro's Ban

    In this week's Off The Bench, the NCAA formally lifted restrictions on athletes transferring schools and how they can receive name, image and likeness money, West Virginia's transgender sports ban is dealt a blow by the Fourth Circuit, and betting costs an NBA player his career.

  • April 19, 2024

    Royal Mail Accuses Developer Of Copying Postcode Database

    Royal Mail has accused a software developer of using its database of postcode information to set up its own address-finding company.

  • April 19, 2024

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

    This past week in London has seen U.K. holiday resort chain Butlins target Aviva and a huddle of insurers, Meta and WhatsApp tackle a patents claim by telecommunications company Semitel, an ongoing construction dispute between Essex County Council and Balfour Beatty, and Formycon AG hit a pharmaceutical company for infringing medical products. Here, Law360 looks at these and other new claims in the U.K.

  • April 18, 2024

    Amazon Ignored Labor, IP Laws In AI 'Panic,' Ex-Worker Says

    An artificial intelligence researcher suing Amazon for labor law violations says it disregarded numerous laws in a frantic attempt to catch up to its AI rivals, directing her to ignore copyright laws in developing its large language models and retaliating when her pregnancy leave coincided with a rival's product launch.

  • April 18, 2024

    BofA Keeps Win Against Movie Website's TM Suit At 10th Circ.

    The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.

  • April 18, 2024

    You Can't Get Fees Without Asking First, Judge Tells Dell

    U.S. District Judge Alan Albright on Thursday declined to order a patent litigation plaintiff to pay attorney fees after bringing a failed patent suit, finding that Dell failed to file any motion requesting fees despite claiming the case was "frivolous" and "meritless" from the start.

  • April 18, 2024

    Trump Wants Cut Of Fundraising That Uses His Name, Image

    Former President Donald Trump is asking for help from Republicans to boost his reelection campaign coffers, with his staffers saying in a letter that GOP fundraisers should split off a portion of the money they collect when using Trump's name, image and likeness in their solicitations for cash.

Expert Analysis

  • What Have We Learned In The Year Since Warhol?

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    In the almost year since the U.S. Supreme Court decided Andy Warhol Foundation v. Goldsmith, which was widely seen as potentially chilling to creative endeavors, seven subsequent decisions — while illuminating to some extent — do not indicate any trend toward a radical departure from prior precedents in fair use cases, says ​​​​​​​Jose Sariego at Bilzin Sumberg.

  • Practical Pointers After Fed. Circ. Double-Patenting Decision

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    With the Federal Circuit recently denying a full court review of In re: Cellect, a decision regarding obviousness-type double-patenting, affected patent family holders should evaluate their rights through both patent prosecution and future litigation lenses to minimize risks, say Austin Lorch and Jeff Wolfson at Haynes Boone.

  • Clemson's ACC Exit Fee Suit May Have Major Consequences

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    Clemson University's recent suit in South Carolina state court against the Atlantic Coast Conference, which challenges the ACC's $140 million exit fee and its ownership of member schools' media rights, would likely have enormous ramifications for ACC members in the event of a definitive court ruling, say William Sullivan and Alex Anderson at Pillsbury.

  • How Duty Of Candor Figures In USPTO AI Ethics Guidance

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    The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

  • Patent Lessons From 8 Federal Circuit Reversals In March

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    A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Tenn. Law Protecting Artists From AI Raises Novel Issues

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    Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • 10 Years After Alice, Predictability Debate Lingers

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    A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • How China's IP Proposal Could Affect US Brands' TM Strategy

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    Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.

  • Exploring Patent Trends In Aerospace Electrification

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    As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

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    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

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