Intellectual Property

  • May 29, 2024

    NY Attys Back Bid For Justices To Review Double-Patenting Row

    A petition looking to persuade the U.S. Supreme Court to wade into a double-patenting dispute has received support from a trade group of New York patent lawyers.

  • May 29, 2024

    Fed. Circ. Backs Claim Invalidity In Express Mobile Web Patent

    The Federal Circuit has backed a Patent Trial and Appeal Board decision that a single claim of an Express Mobile website generation patent was invalid as obvious based on earlier inventions.

  • May 29, 2024

    New Colo. Law Targets AI Deepfakes In Political Ads

    Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.

  • May 29, 2024

    Google Rips Sonos Bid To Revive $32M Patent Verdict

    Google is urging the Federal Circuit to reject Sonos' claim that a California federal court endangered thousands of patents when it threw out a jury's $32.5 million infringement verdict in the smart speaker maker's favor, with the tech giant arguing that Sonos is not entitled to patent protection for audio features that the company waited years to disclose.

  • May 29, 2024

    Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict

    A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.

  • May 29, 2024

    4th Circ. Rejects Atty Fee Bid In Fight Over Ted Nugent Photo

    The Fourth Circuit has denied a photographer's application for attorney fees after Bricker Graydon LLP helped him secure a favorable ruling in his legal battle over a news website's allegedly unauthorized use of a Ted Nugent photo he took in an article titled, "15 Signs Your Daddy Was A Conservative."

  • May 29, 2024

    Chicago IP Firm Accused Of Botching Fetal Biotech Patent

    A company that makes technology that can detect fetal asphyxia and distress has alleged in Illinois state court that Chicago law firm Fitch Even Tabin & Flannery LLP cost it millions when it registered the company's patents under one of its former employees, who then used its intellectual property to launch a competing company.

  • May 29, 2024

    Wilson Sonsini Adds 2 Attys in Salt Lake City From Kirkland

    Wilson Sonsini Goodrich & Rosati PC has continued to expand its growing, three-year-old Salt Lake City, Utah, office with the recent addition of two experienced litigators who moved their practices from Kirkland & Ellis.

  • May 29, 2024

    Greenberg Traurig Adds IP Atty From Eversheds Sutherland

    Greenberg Traurig LLP has bolstered its California bench of attorneys with an Eversheds Sutherland lawyer who has years of experience advising digital health and medical device companies on intellectual property issues.

  • May 28, 2024

    Ex-USPTO Directors Want Vidal To Withdraw Disclaimer Plans

    Former U.S. Patent and Trademark Office Directors Andrei Iancu and David Kappos on Tuesday urged current Director Kathi Vidal to "immediately" withdraw proposed rules regarding so-called terminal disclaimers, saying the changes are "contrary to law" and "threaten serious harm to America's innovation economy."

  • May 28, 2024

    Boeing Jury Urged To Reject Electric Startup's $200M IP Ask

    Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.

  • May 28, 2024

    VLSI Wants Fed. Circ. To Pause Before Pursuing PQA Appeal

    VLSI Technology LLC has asked the Federal Circuit to hold off on deciding whether the Patent Trial and Appeal Board improperly invalidated its chip patent in a high-profile dispute until after the court rules on a key prior art issue in unrelated litigation.

  • May 28, 2024

    Abbott, Dexcom Call For New Glucose Monitor Patent Trial

    Just over two months after a jury in Wilmington, Delaware, handed down a mixed verdict in a patent lawsuit over glucose monitors, both sides are now asking the judge to give them another trial.

  • May 28, 2024

    The NCAA Put Out One Fire, But The House Is Still Ablaze

    Despite the enormous size of the settlement of a class action by hundreds of thousands of former college athletes over name, image and likeness compensation denied to them, experts say it only resolves one of the NCAA's many legal crises, while shining a light on the severity of the others.

  • May 28, 2024

    Singer Tells Justices Jurors Should Hear His 'Rockstar' Song

    The frontman of a band called Snowblind is telling the U.S. Supreme Court that at least one appeals court judge seemingly decided for herself that his 2001 demo sounded nothing like the Nickelback hit record "Rockstar," something he thinks a jury should decide instead. 

  • May 28, 2024

    27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law

    Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.

  • May 28, 2024

    Smoke Co. Says Colo. Rival Stepping All Over 'Juicy' TM

    The maker of Juicy Jays and Raw rolling papers said a Colorado cannabis company is stepping on its branding, using its well-established product names to sell prerolled joints and marijuana concentrates to deceive consumers, according to a federal lawsuit.

  • May 28, 2024

    Activision Wins $14M From Call Of Duty Cheat Code Sellers

    Activision Publishing scored over $14.4 million in damages and nearly $300,000 in attorney fees against German companies accused of selling cheat codes for Call of Duty games when a California federal judge Tuesday granted its motion for default judgment, finding none of the defendants appeared in the case for a year.

  • May 28, 2024

    Juul Gets PTAB To Examine Rival's Vape Patents

    The Patent Trial and Appeal Board has sided with Juul Labs Inc. in a trio of decisions over electronic vape technology, refusing to review one of its patents while granting the company's challenges to two patents owned by another business.

  • May 28, 2024

    HIV Drug Buyers Fight Bid To Combine 9th Circ. Appeal Briefs

    Drug buyers that allege Gilead Sciences Inc. and Teva Pharmaceuticals delayed generic versions of HIV medications told the Ninth Circuit it would be unfair to grant the companies' call for a single brief addressing the 17 appeals filed after a jury rejected the claims last year.

  • May 28, 2024

    Fed. Circ. Won't Revive 'Checking Financial History' Patents

    The Federal Circuit ruled Tuesday that a judge in Georgia made the right call in deciding that a prolific patent lawyer should have never been issued a handful of patents covering "the idea of checking financial history before completing a transaction."

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

  • May 28, 2024

    Guinness Brewer Beats Appeal In Whiskey Bottle TM Dispute

    The Second Circuit on Tuesday upheld a post-trial order requiring a spirits maker to redesign its bottles after a jury found they dilute Guinness beer maker Diageo's trademark rights for its own whiskey brand.

  • May 28, 2024

    Ga. Dental Imaging Co. Fights To Keep X-Ray IP Suit Alive

    A dental technology company accusing a competitor of ripping off a 3D imaging system has urged a Georgia federal judge to keep its claims alive, telling the court its rival's defense amounts to a "whitewash" of the patent infringement allegations.

  • May 28, 2024

    Pa. Designer Accuses Louis Vuitton Of Copying Styles

    A Philadelphia-area fashion designer has accused luxury clothing brand Louis Vuitton and its related corporate entities of allegedly copying her designs for women's apparel and fabrics.

Expert Analysis

  • Fed. Circ. Scrapping Design Patent Tests Creates Uncertainty

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    The Federal Circuit last week discarded established tests for proving that design patents are invalid as obvious, leaving much unknown for design patent applicants, patentees and challengers, such as what constitutes analogous art and how secondary references will be considered and applied, say attorneys at Sterne Kessler.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How AI Cos. Can Cope With Shifting Copyright Landscape

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    In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Tips For Keeping Trade Secrets In The Vault

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    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

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