Intellectual Property

  • February 26, 2024

    Vidal Tells Examiners To Stay 'Flexible' On Obviousness

    The U.S. Patent and Trademark Office released new, legally nonbinding guidance Monday for how the agency wants patent examiners to handle U.S. Supreme Court precedent governing whether ideas covered by patents are too obvious.

  • February 26, 2024

    Dry Cleaning Magazine In NJ Must Pay $8.2M For Defamation

    A dry-cleaning industry publication was hit with an $8.2 million verdict by a New Jersey federal jury on Friday on claims that it ran a yearslong defamation campaign in its magazines against a dry-cleaning supply business and its competing trade publication.

  • February 26, 2024

    Gartner, Hackett Settle Trade Secrets, Employee-Poaching Suit

    Consulting firm Gartner Inc. and its rival The Hackett Group Inc. have settled a trade secrets fight that saw each company accuse the other of unfair trade practices, according to a filing dismissing the case from Connecticut federal court.

  • February 26, 2024

    Honeywell Says Texas Analytics Co. Infringed 5 Patents

    Honeywell International Inc. has accused a Texas-based analytics company of infringing five of its software patents, telling a Texas federal court that the company's sale of its products was at least "objectively reckless" in regard to potential patent infringement.

  • February 26, 2024

    Caterpillar Owes $12.9M In Wirtgen IP Case, Jury Says

    A federal jury in Delaware has found that Caterpillar owes machinery manufacturer Wirtgen about $12.9 million for infringing five road-milling machine patents, counsel for Wirtgen said.

  • February 26, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery dropped two potentially far-reaching decisions last week: one about founder control at Moelis & Co. and another about TripAdvisor's planned move to Nevada. On top of that, there were new cases involving Citrix Systems, Alcoa Corp., BGC Partners Inc. and Cantor Fitzgerald LP.

  • February 26, 2024

    Lumen, AI Software Co. Settle $6M Trade Secrets Spat

    A Lumen Technologies subsidiary and a Texas-based AI company have settled a trade secrets lawsuit accusing Lumen of misappropriating the company's proprietary software and stiffing it on payments after ending their licensing agreement, according to a notice of settlement filed in Colorado federal court Friday.

  • February 26, 2024

    Temu Accuses Shein Of Scaring Suppliers Away

    Temu has accused Shein of trying to subvert its operations through anti-competitive behaviors, claiming that its ultra-fast fashion rival has cornered suppliers and inundated it with "baseless notices" to disrupt U.K. sales.

  • February 23, 2024

    'Copy-And-Paste Errors' Not Worth Sanctions, Texas Judge Says

    A federal magistrate judge in Waco, Texas, says he doesn't think "some copy-and-paste errors" are enough to hook a prolific litigator of patent lawsuits to paying legal fees in a shell company's latest failed campaign against Salesforce.

  • February 23, 2024

    A Comma Causes Netflix's Patent Challenge To Flop

    The majority of a board of patent judges has refused to budge on a determination upholding a streaming media patent challenged by Netflix, though the judges on the panel splintered at length on the grammatical implications of how to correctly read a comma.

  • February 23, 2024

    Dish, IFit Settle Patent Suit Over Streaming Tech

    Fitness equipment maker NordicTrack's parent company has settled a dispute with Dish Network that accused it of infringing Dish patents related to streaming technology, drawing to a close a fight that spread all the way to the U.S. International Trade Commission.

  • February 23, 2024

    Clothier Seeks To Ditch IP Suit Over Upcycled Designer Goods

    A Houston-based apparel company has asked a Texas federal judge to toss a suit brought against it by Louis Vuitton Malletier SAS, saying Thursday that the luxury designer waited too long to file suit alleging the clothing business infringed its trademark by selling upcycled items made with materials from used Louis Vuitton products.

  • February 23, 2024

    Chamber's Report Bemoans Biden's March-In Idea For Drug IP

    The most powerful business lobbying group in the U.S. said that although the country ranked at the top of its annual International IP Index, the Biden administration's efforts to potentially use patent laws to reduce the price of pharmaceuticals would jeopardize its place down the line.

  • February 23, 2024

    Telecom Giants Can't End Decadelong 4G LTE Patent Row

    A group of prominent telecommunications companies has failed to escape a patent dispute dating back a decade with the University of Minnesota concerning wireless communications technology used in 4G LTE network services.

  • February 23, 2024

    Media, App Groups Wary Of Allowing Data Mining, AI Hacking

    Publishers and entertainment industry groups have urged the government to reject proposed exemptions to the Digital Millennium Copyright Act that would broaden protections for text-and-data mining and allow hackers to study biases in artificial intelligence models, raising concerns about infringement and cybersecurity.

  • February 23, 2024

    Monster Energy Ends Trade Dress Suit Against Beast Cookie

    Monster Energy dropped its trademark and trade dress infringement action alleging Beast Cookie used confusingly similar branding to advertise its caffeinated cookies, including a green color scheme and the phrase "untamed energy," according to an order signed by a California federal judge granting the parties' stipulation to end their dispute.

  • February 23, 2024

    J&J Unit Assails Knee Replacement IP Verdict At Fed. Circ.

    Johnson & Johnson subsidiary DePuy Synthes wants the Federal Circuit to undo a $20 million jury verdict against it for infringing an orthopedic surgeon's knee replacement patent.

  • February 23, 2024

    IP Hires: DLA Piper, Troutman Pepper

    DLA Piper has hired a longtime Nixon Peabody LLP fashion law partner who focuses her practice on intellectual property issues related to apparel and other industries, while Troutman Pepper Hamilton Sanders LLP has expanded its health sciences services in the Philadelphia region with a patent practitioner who joined the firm after more than 20 years with GlaxoSmithKline. Here are the details on these and other notable IP hires.

  • February 23, 2024

    Dickinson Wright Pulls In IP Atty From Steptoe

    Dickinson Wright PLLC continues to expand its intellectual property team, adding a new member to its Chicago office from Steptoe LLP.

  • February 23, 2024

    Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case

    A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct.

  • February 23, 2024

    9th Circ. Won't Rethink Tossed Google $2B Ad Trespass Suit

    The Ninth Circuit said Thursday that it will not reconsider its decision to toss a proposed $2 billion class action against Google that claimed the ubiquitous search engine enriched itself through unauthorized advertising that trampled website owners' property.

  • February 23, 2024

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

    This past week in London has seen Tesco target competing retailer Lidl with a copyright claim as they battle in the Court of Appeal over the design of Tesco’s Clubcard, the directors of a taxi business sue the creator of an AI route mapping app for professional negligence, Global Aerospace Underwriting Managers tackle an aviation claim by an Irish investment company, and Robert Bull hit with a general commercial contracts claim by Hancock Finance.

  • February 22, 2024

    Mastercard Faces Monopolization Claims Over Digital Tokens

    Mastercard has been stonewalling digital wallet startup OV Loop, refusing to provide needed tokens and thereby excluding OV Loop from the mobile payment services market, all part of Mastercard's effort to maintain its chokehold on payment processing and continue to charge supracompetitive fees on transactions, according to a suit filed Wednesday.

  • February 22, 2024

    Great Scott! NBCUniversal Can't Beat DeLorean TM Claim

    NBCUniversal Media cannot escape a trademark infringement claim in a dispute over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise, a California federal judge ruled Thursday.

  • February 22, 2024

    Carnegie Must Pay Fees For 'Unreasonable' Diamond IP Suit

    A New York federal judge ruled Wednesday that Carnegie Institute of Washington and its bankrupt former patent licensee M7D Corp. are jointly and severally liable for paying Fenix Diamond LLC's attorney fees and nontaxable expenses for pursuing their "objectively unreasonable" infringement suit for years.

Expert Analysis

  • 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.

  • Opinion

    Patent Waiver For COVID Meds Would Harm US Biopharma

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    If the Biden administration backs the World Trade Organization in waiving patent rights on COVID-19 treatments, it would negatively affect the U.S. biopharmaceutical industry and help foreign competitors, without necessarily expanding global access to COVID-19 care, says clinical pathologist Wolfgang Klietmann.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

  • Exploring The Foreign Discovery Trend In Delaware

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    Despite a U.S. Supreme Court decision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • What To Know About WDTX Standing Order For Patent Cases

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    Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.

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