Intellectual Property

  • February 06, 2024

    BMW Drops Fight With Arigna Over Integrated Circuit Patent

    A Virginia federal judge has signed off on a joint request by BMW and Arigna Technology to dismiss the automaker's suit seeking a declaration that its Infineon integrated circuits did not infringe a patent held by Arigna, not long after BMW opposed an attempt by Arigna's counsel to leave the case.

  • February 06, 2024

    PTAB Drills Out Some Perforating Gun Tube Patent Claims

    The patent board has whittled down claims in a downhole perforating gun tube patent that's at the center of a legal fight between a German drilling equipment manufacturer and a small Texas welding company.

  • February 06, 2024

    NanoString Can Tap $142.5M DIP As It Weighs Ch. 11 Sale

    Life sciences company NanoString Technologies Inc. received a Delaware bankruptcy judge's approval Tuesday to borrow a portion of $142.5 million in Chapter 11 financing that the company will use to support operations while assessing outside offers to buy its business.

  • February 06, 2024

    Wilson Sonsini IP Litigator Jumps To Clark Hill In San Diego

    Clark Hill PLC is expanding its West Coast team, announcing Tuesday it is bringing on a Wilson Sonsini Goodrich & Rosati PC patent litigator as a member in its San Diego office.

  • February 06, 2024

    NASCAR Museum Owner Still Bad-Mouthing ITG, Court Told

    The owner of a North Carolina museum dedicated to the NASCAR Winston Cup has willfully violated a settlement agreement with ITG Brands LLC by allegedly continuing to disparage the tobacco giant on social media and in interviews, the state Business Court heard during a hearing Tuesday.

  • February 05, 2024

    Herman Miller Can't Turn Off IP Suit Over Bubble Lamp

    A Michigan federal judge on Monday said furniture company Herman Miller Inc. must face a suit filed by the family of George Nelson over the late designer's Bubble Lamp, saying "this opera is still in its opening act."

  • February 05, 2024

    Fed. Circ. Questions Call To Throw Out Design Patent Tests

    An en banc Federal Circuit panel appeared wary Monday of discarding long-standing tests for proving that design patents are invalid as obvious, although some indicated they may be open to altering a standard that critics have described as overly rigid.

  • February 05, 2024

    Fed. Circ. Says Judge Was Wrong About Loofahs

    The Federal Circuit has vacated a lower court ruling that Infinity Headwear & Apparel LLC did not infringe a manufacturer's loofah patent, sending the case back for further proceedings.

  • February 05, 2024

    Catching Up With Delaware's Chancery Court

    Last week, Delaware's chancellor gave us 55 billion reasons to keep an eye on the First State in a case involving Tesla CEO Elon Musk's pay package, while the court of equity also took on cryptocurrency, artificial intelligence, space flight and country music.

  • February 05, 2024

    Feds Ask DC Circ. Not To Revive DMCA Speech-Rights Fight

    The federal government is urging the D.C. Circuit to back a decision that found the Digital Millennium Copyright Act's anti-circumvention provision could not be invalidated, saying the D.C. federal district court rightly threw out the case.

  • February 05, 2024

    2nd Circ. Must Decide If YouTube Protects IP, Stream-Ripper Says

    The Second Circuit on Monday questioned if YouTube employs technological measures to protect copyrighted material, as it considers what one judge called a video stream-ripper's "big stakes" bid for a declaration that its download service isn't violating intellectual property law.

  • February 05, 2024

    NC Biz Court Nixes Expert In Blackbeard Ship Image Fight

    The North Carolina Business Court on Monday nixed an expert a state agency tapped to debunk a marine researcher's allegations over the value of images of Blackbeard's sunken ship, ruling that the expert isn't qualified to speak about the facts of the case.

  • February 05, 2024

    Music Publisher Asks Justices To Limit Copyright Damages

    Warner Chappell Music Inc. urged the U.S. Supreme Court on Monday to limit the damages a plaintiff can recover in copyright ownership litigation to three years before a complaint is filed, arguing that the only time a party can extend that period is for instances involving fraud.

  • February 05, 2024

    CPAP Cleaner Co. Says Philips Can't Pin Recall On It

    Cleaning products designed to work with Koninklijke Philips NV's breathing machines were not the direct cause of damages the company suffered when it recalled the products, so SoClean could not be subject to false-advertising claims stemming from statements about "compatibility," it told a Pennsylvania federal court.

  • February 05, 2024

    Hermes Urges 2nd Circ. To Affirm Win In MetaBirkins NFT Row

    Hermès urged the Second Circuit on Friday to ignore arguments on appeal by the non-fungible token creator found liable for ripping off the luxury goods company's Birkin bag that the jury's ruling on intent improperly ignored free-speech art rights.

  • February 05, 2024

    Steptoe Adds IP Trial Partner From Orrick

    Steptoe LLP picked up an intellectual property litigation partner from Orrick Herrington & Sutcliffe LLP in its latest step to grow its new Houston-based practice, the firm said Monday.

  • February 05, 2024

    Teva Asks Fed. Circ. To Examine $177M Verdict Reversal

    Teva Pharmaceuticals has urged the Federal Circuit to reverse a Massachusetts federal judge's decision to toss out a $176.5 million migraine drug patent infringement verdict in its favor against Eli Lilly & Co., arguing that the judge's decision was based on "serious legal errors."

  • February 05, 2024

    GOP Lawmakers' Concerns Spur Talks On German Royalty Tax

    House Ways and Means Committee Republicans have been in touch with U.S. Treasury Department officials to address the lawmakers' concerns about a German withholding tax imposed on intellectual property registered in the country, a GOP lawmaker told Law360.

  • February 05, 2024

    Abercrombie Hit With Suit Over TTAB's 'Amateur' Ornithology

    An Oregon man took Abercrombie & Fitch Trading Co. to Ohio federal court after the clothing retailer got the U.S. Trademark Trial and Appeal Board to deny his registration application for a design featuring a seabird, arguing his design has no resemblance to the clothing company's bird silhouette mark.

  • February 05, 2024

    Intellectual Property Group Of The Year: Arnold & Porter

    Arnold & Porter Kaye Scholer LLP brought in a win for Sanofi and Regeneron at the U.S. Supreme Court while also securing a $158 million infringement verdict for Boston Scientific, earning the firm a place among Law360's 2023 Intellectual Property Groups of the Year.

  • February 05, 2024

    Biotech Co. NanoString Hits Ch. 11 In Del. With $325M Debt

    Life sciences company NanoString Technologies Inc. and three affiliates filed for Chapter 11 protection in Delaware bankruptcy court with $325 million in debt and $275 million in assets, months after a jury found it infringed several gene-technology patents.

  • February 02, 2024

    Intel Presses Full Fed. Circ. For Total Relief From VLSI Verdict

    Intel urged the Federal Circuit on Friday to reconsider its holding that the company infringed a VLSI Technology computer chip patent, even as the court vacated a $1.5 billion infringement verdict tied to that patent.

  • February 02, 2024

    USPTO Slams Lundbeck's PTSD Drug Patent Term Suit

    The U.S. Patent and Trademark Office is going for an early win in Virginia federal court where Danish drugmaker H. Lundbeck A/S is seeking to extend the life of a patent for a PTSD drug by three months, calling the case straightforward.

  • February 02, 2024

    3rd Circ. Won't Overturn Fireworks Control IP Decision

    The Third Circuit has refused to overturn an earlier finding that lifted a preliminary injunction blocking Romanian company fireTEK from distributing a product that allegedly infringed a copyright on a U.S. rival's fireworks display communication protocol.

  • February 02, 2024

    BAT, Philip Morris Reach Patent Deal For Global Vape IP Fights

    British American Tobacco and Philip Morris International Inc. said Friday that the companies had come to a settlement resolving multiple heated tobacco and vape patent infringement suits.

Expert Analysis

  • Green Tech And IP From Obama Through Biden: What's Next?

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    J. Douglas Miller and Matthew Dills at Shumaker consider how positions on the environment have shifted along with the last three U.S. presidential administrations, how these shifts have affected investment in sustainable green technologies and intellectual property strategies, and how the future might look.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Open Issues At The USPTO And Beyond After Biden AI Order

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    President Joe Biden's recent executive order on artificial intelligence requires individual government agencies to develop their own principles and guidelines around the use of AI, leaving unanswered questions that will be important for any business that intends to rely on AI to create new or improved products or technologies, say Andrew Lustigman and Mary Grieco at Olshan Frome.

  • Overcoming IP Portfolio Challenges Amid Higher Patent Fees

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    As potentially higher U.S. Patent and Trademark Office fees contribute to a difficult future environment for IP leaders, attorneys who follow a series of practice tips to build a well-managed, valuable IP portfolio can help alleviate this potential financial burden, says Vincent Brault at Anaqua.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

  • UPC Decision Highlights Key Security Costs Questions

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    While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • The Fed. Circ. In Nov.: Factual Support And Appellate Standing

    The Federal Circuit's recent Allgenesis Biotherapeutics v. Cloud Break Therapeutics decision shows that appellate standing requires specific factual support, underscoring the necessary requirements for a patent challenger in an appeal from an inter partes review at the U.S. Patent and Trademark Office, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

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