Intellectual Property

  • June 12, 2024

    Fed. Circ. Affirms PTAB Ax Of Slide-To-Unlock Patent

    The Federal Circuit has quickly disposed of an appeal over an administrative board ruling that wiped out language in a patent asserted in a small Swedish smartphone company's litigation against Apple and Samsung over claims its founder was the first to develop a "slide to unlock" feature.

  • June 12, 2024

    School Says Declaration Bares Quinn Emanuel Lies In IP Feud

    Columbia University has told the Federal Circuit that a declaration from a former Norton Lifelock Inc. computer scientist shows that the company's former lawyers at Quinn Emanuel Urquhart & Sullivan LLP are lying about his refusal to testify in the school's decade-long $600 million patent case in Virginia federal court.

  • June 12, 2024

    House IP Panel Eyes Transparency For Litigation Funders

    A congressional committee on Wednesday began discussing whether to require more transparency of third-party litigation funding agreements to stem what lawmakers say are abusive patent lawsuits and national security concerns if hostile foreign governments meddle with cases anonymously.

  • June 12, 2024

    Samsung Competitor Can't Get Quick Win On Laches Claim

    Mojo Mobility couldn't convince a Texas federal magistrate judge to recommend it get partial summary judgment in its suit accusing Samsung of infringing wireless charging patents, rejecting Mojo's attempt to stake the decision on part of the patent prosecution process.

  • June 12, 2024

    Apple Gets PTAB To Cut Some Voice Recognition IP Claims

    The Patent Trial and Appeal Board has invalidated the vast majority of claims in a series of Zentian Ltd. patents related to voice recognition technology but upheld some claims in challenges from Apple and Amazon.

  • June 12, 2024

    '83 Wolfpack Suit May Throw NIL Peace For A Loop

    As the NCAA cheered a settlement last week aimed at marshaling payments to athletes for their names, images and likenesses, experts say a new suit from one of college basketball's most historic teams illustrates the shortcomings of a hasty effort to right past wrongs.

  • June 12, 2024

    USPTO Updates PTAB Review, Assignment Procedures

    The U.S. Patent and Trademark Office has finalized its rule governing how draft Patent Trial and Appeal Board decisions will be distributed within the agency, and has updated its policy for assigning cases within the PTAB, according to a Wednesday notice in the Federal Register and agency statement, respectively.

  • June 12, 2024

    Microsoft, OpenAI Call Papers' Suit A 'Copycat' Of NYT's Case

    OpenAI and Microsoft Corp. have asked a New York federal court to toss the bulk of a copyright complaint from eight newspapers that accuses the companies of stealing their content to develop versions of ChatGPT, contending the lawsuit is modeled after one from The New York Times and saying the allegations mischaracterize the technology.

  • June 12, 2024

    Lipitor Buyers Get Final OK For $93M Deal In Antitrust Fight

    A New Jersey federal judge gave final approval Wednesday to a $93 million settlement between a class of buyers of Lipitor and Pfizer, resolving their claims in sprawling antitrust litigation that Pfizer conspired with a drug manufacturer to delay the release of a cheaper generic version of Lipitor and monopolize the market.

  • June 12, 2024

    Colo. Tech Co. Says Startup Founder Can't Shield Sale Docs

    A Colorado technology company is arguing that the founder of a startup it acquired shouldn't be allowed to withhold nearly half of the documents it is seeking by asserting privilege in his $15 million fraud suit, as he claimed to rely on his law firm's advice when he approved the deal.

  • June 12, 2024

    Gaming Co. Derides DraftKings' $2.3M Fee Bid In Patent Suit

    The fallout from a testy patent dispute over DraftKings' geolocation technology intensified this week as Interactive Games pushed back against the online gambling giant's request for $2.3 million in legal fees in Delaware federal court.

  • June 12, 2024

    Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge

    Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.

  • June 12, 2024

    Pool Co. Hits Ch. 11 After 'Crippling' $16M False Ads Verdict

    The American arm of a Chinese swimming pool products manufacturer has declared bankruptcy after it was slapped with a $16 million false advertising and unfair business practices judgment in North Carolina that the company previously warned would put it out of business.

  • June 11, 2024

    Martin Shkreli Told To Hand Over Wu-Tang Album

    A New York federal judge ordered Martin Shkreli on Tuesday to hand over any copies he might have of the Wu-Tang Clan's album he once bought before it was sold off by the federal government to settle a $7.3 million tab from Shkreli's criminal judgment on securities fraud.

  • June 11, 2024

    Calif. Judge Won't Let Apple Escape Tech Patent Case

    A California federal judge has found Apple can't dodge a patent suit, allowing claims to move forward that the tech giant's "back tap" feature infringes a patent owned by technology company Haptic Inc.

  • June 11, 2024

    Quinn Emanuel Swapped Sides For X Suit, Data Co. Says

    Israeli data collector Bright Data Ltd. asked a California federal judge on Tuesday to disqualify law firm Quinn Emanuel Urquhart & Sullivan LLP from representing social media company X Corp., which is suing Bright Data over its data-scraping practices, accusing the firm, which was once contracted by the data company for advice in a similar matter, of switching sides.

  • June 11, 2024

    Fed. Circ. Reinstates Parts Of Blood Analyzer Secrets Verdict

    The Federal Circuit decided Tuesday that a Rhode Island jury was right to find that an Italian company's blood analyzer computer code was stolen by a U.S. rival, but another jury will have to determine any damages.

  • June 11, 2024

    AI No Scarier Than Nail Guns Or Microscopes, Kappos Says

    Former U.S. Patent and Trademark Office Director David Kappos cautioned attorneys Tuesday to "keep ourselves grounded" about the use of artificial intelligence in intellectual property, saying it's just a tool like a microscope or nail gun, rather than something justifying "panic."

  • June 11, 2024

    6th Circ. Judge Wary Of Party Dissenters' 'Right' To Use Logo

    A Sixth Circuit judge seemed skeptical on Tuesday that limiting a dissenting faction of the Libertarian Party of Michigan's use of the name and logo of the Libertarian National Committee infringes the group's speech rights, saying members can still voice their opinions.

  • June 11, 2024

    NCAA Hit With NIL Suit By '83 Wolfpack Players

    Members of North Carolina State University's 1983 championship basketball team have accused the National Collegiate Athletic Association of exploiting their names, images and likenesses for profit.

  • June 11, 2024

    Adeia, X Reach Deal In IP Dispute

    A California federal judge has agreed to stay a case where X, formerly known as Twitter, filed a declaratory judgment action against Adeia, while the parties work through a settlement.

  • June 11, 2024

    Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law

    A former DraftKings executive wants a snap trial to unwind a noncompete blocking him from work at sports-betting rival Fanatics, calling the fiercely litigated, bicoastal dispute a "test case" for California's recent law reinforcing a ban on restrictive covenants.

  • June 11, 2024

    ArentFox Adds 17-Person Team From Burns & Levinson

    A few months after adding a four-partner automotive team from Burns & Levinson LLP, ArentFox Schiff LLP on Tuesday announced the addition of 17 more attorneys and professionals from the firm with experience ranging from intellectual property matters to business litigation.

  • June 11, 2024

    Cigar Co. Can Keep Using Contested 'Dragon' Name For Now

    A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.

  • June 11, 2024

    Paramount Asks Court To Send 'Top Gun' IP Suit Packing

    Paramount Pictures has asked a California federal court to dismiss a right of publicity complaint from the actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie, saying his claim over a photo of his character included in the film's sequel without his permission falls squarely under the so-called Rogers test, a free speech doctrine that protects expressive works.

Expert Analysis

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Momofuku Chili War May Chill Common Phrase TM Apps

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    Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.

  • Trademark In Artistic Works 1 Year After Jack Daniel's

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    In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • Legal Battles Show Brands' Dilemma In Luxury Resale Trend

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    Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.

  • AI-Generated Soundalikes Pose Right Of Publicity Issues

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    Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Beware Of Trademark Scammers Leveraging USPTO Data

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    Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 10 Tips To Build Trust With Your Witness During Trial Prep

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    Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • PTAB Rulings Shed Light On Quantum Computing Patents

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    Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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