Intellectual Property

  • April 29, 2024

    Chicago IP Firm Sues Again Over Atty Impersonation

    Intellectual property law firm Greer Burns & Crain Ltd. has filed a second trademark infringement suit claiming an unknown defendant has been using a nearly identical website domain name to impersonate its attorneys and request the release of court-ordered asset restraints, after winning a similar case last year.

  • April 29, 2024

    USPTO Seeks Input On How AI Use Should Affect Patentability

    The U.S. Patent and Trademark Office wants public input on how the proliferation of artificial intelligence should affect the office's evaluation of patentability, such as in the consideration of what qualifies as prior art and in assessments of a "person having ordinary skill in the art." 

  • April 29, 2024

    Fed. Circ. Gives HP Unit 2nd Chance To Challenge Camera IP

    The Federal Circuit on Monday revived a debate about whether FullView Inc.'s panoramic camera system patent should be invalidated as obvious, while affirming a California federal judge's decision that HP unit Polycom Inc. infringed that patent.

  • April 29, 2024

    ​​​​​​​Nike Settles TM Suit Against Bape Over Shoe Designs

    Nike has settled its trademark infringement suit accusing Bape of copying the "iconic" look of its Air Force 1 and Air Jordan sneakers, according to a notice of voluntary dismissal Monday, which comes nearly two months after a New York federal judge refused to nix the case.

  • April 29, 2024

    Alcon Owes $34M In Glaucoma Patent Row, Jury Finds

    A Delaware federal jury has found that Alcon and various related entities are on the hook for a $34 million judgment in a patent suit about medical devices to treat glaucoma launched by Sight Sciences.

  • April 29, 2024

    PTAB Rejects Masimo's Concurrent Bid To Review Apple Patent

    A board of administrative patent judges has declined one of the petitions challenging claims in an Apple patent involved in some of its disputes with medical technology startups Masimo and AliveCor, citing the board's skeptical view of "multiple, staggered petitions."

  • April 29, 2024

    Reebok Says TM Foe Must Foot Bill After Key Depo Called Off

    Reebok asked a Massachusetts federal judge to force an Italian shoemaker to pay legal costs and produce its former CEO for a deposition in a trademark case, saying the scheduled meeting in Milan was canceled just hours before Reebok's attorneys were scheduled to board a flight.

  • April 29, 2024

    Finnegan Hires Long Time Patent Office Legal Adviser In DC

    A more-than two decade veteran of the U.S. Patent and Trademark Office has left the agency to return to private practice, this time in a new role with Finnegan Henderson Farabow Garrett & Dunner LLP, the firm announced Monday.

  • April 29, 2024

    Security Startup Founder Joins Greenberg Traurig From MoFo

    Greenberg Traurig LLP has added a former Morrison & Foerster LLP technology litigator and data security software startup founder to its San Francisco office, the firm announced Monday.

  • April 29, 2024

    NCAA, Bush Tussle Over Strength Of Defamation Claims

    Former USC running back Reggie Bush's defamation brawl with the NCAA continued on Monday as the 2005 Heisman Trophy winner urged an Indiana state court to keep his lawsuit alive, arguing it is too early to throw the case out as the NCAA wishes.

  • April 29, 2024

    'Fearless Girl' Trial Off After Sides Reach Weekend Accord

    A lengthy breach of contract and trademark infringement dispute between investment manager State Street Global Advisors and the artist behind New York City's well-known "Fearless Girl" bronze sculpture settled Saturday evening ahead of a scheduled jury trial.

  • April 26, 2024

    Law360 Reveals Titans Of The Plaintiffs Bar

    In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.

  • April 27, 2024

    'Woodstock' Weed TM Case Settles Before Jury Selection

    The promoter of the 1969 Woodstock music fair agreed Friday to drop infringement claims against a rival purveyor of "Woodstock" trademarks in the evolving marijuana market, in a last-minute Manhattan federal court deal that avoids a jury trial.

  • April 26, 2024

    New PTAB Briefing Plan Likely To Get Patent Owner Pushback

    A proposed rule to create a separate round of briefing in Patent Trial and Appeal Board cases about whether the board should use its discretion to deny review may rankle patent owners, attorneys say, since it could effectively restrict their available arguments in many cases.

  • April 26, 2024

    Albright Sinks Microsoft's Transfer Bid In Proxense Fight

    U.S. District Judge Alan Albright rejected efforts by Microsoft to send an infringement lawsuit over its cloud software to its home in Washington state, citing on Friday his own "experience and effort" dealing with patents covering "a pint-sized virtual wallet" in other suits.

  • April 26, 2024

    Ex-USPTO Solicitor Heads To Carmichael IP

    A veteran intellectual property attorney who once served as the chief legal officer at the U.S. Patent and Trademark Office has made the move to Carmichael IP PLLC.

  • April 26, 2024

    HP Defeats Video Coding Patent Case At ITC

    The U.S. International Trade Commission has terminated a patent case against HP Inc. by VideoLabs Inc. over video coding patents, agreeing with an administrative law judge that the asserted claims are invalid as indefinite.

  • April 26, 2024

    Prince Heirs Push Del. Court To Reject 'Unfettered' Control

    Four family members of the late musician Prince who claim to have taken over for two music industry veterans they once entrusted to run his estate urged a Delaware Chancery Court judge on Friday to throw out the managers' lawsuit against them, calling it "unconscionable and unreasonable."

  • April 26, 2024

    Truist Unit Survives Early Dismissal Bid In NC Poaching Suit

    Truist Financial Corp. and its real estate finance arm can move forward with the bulk of their suit accusing three former executives of absconding for a competitor with several dozen colleagues in tow, after North Carolina's business court judge largely denied the defendants an early exit.

  • April 26, 2024

    Cox Says Insurers Must Pay For Settled DMCA Suit

    Cox Enterprises Inc. sued two of its insurers this week over allegations they failed to cover the company's more than $15 million in expenses in defending, and ultimately settling, a novel lawsuit that aimed to hold the internet service provider liable for users' illegal downloads.

  • April 26, 2024

    No Coverage For Treasure Hunter's IP Row, 9th Circ. Rules

    Great American Insurance Co. had no coverage obligations over a $7.5 million settlement stemming from a treasure hunter's claims that his former partners refused to hand over maps and other intellectual property after they parted ways, the Ninth Circuit ruled Friday, finding the treasure hunter didn't allege insurable, accidental conduct.

  • April 26, 2024

    Microsoft Narrows Virtual Assistant Patent Row Ahead Of Trial

    A Delaware federal judge has tossed claims that Microsoft's virtual assistant program infringed a patent initially issued to a company that developed Apple's Siri software, but declined to scratch out allegations on another patent in the dispute, which is teed up for trial early next month.

  • April 26, 2024

    Latham, Akin Beat NJ Suit Over Alleged IP Theft Scheme

    A New Jersey federal court on Friday tossed a lawsuit claiming attorneys from Latham & Watkins LLP and Akin Gump Strauss Hauer & Feld LLP manipulated patent litigation to steal a former Cornell University graduate student's DNA sequencing intellectual property, calling that graduate student's claims "conspiracy theories."

  • April 26, 2024

    TTAB Says Expired 'Zima' TM Ends Cancellation Bid

    The Trademark Trial and Appeal Board has found that a petition to cancel a trademark for the drink Zima was no longer an issue since its owner, Molson Coors, let the registration on the product expire.

  • April 26, 2024

    Off The Bench: Nassar Victims, Bush V. NCAA, New ACC Suit

    In this week's Off The Bench, the U.S. Department of Justice cuts a nine-figure deal for botching its sexual abuse investigation of disgraced USA Gymnastics physician Larry Nassar, college football legend Reggie Bush plows ahead with an NCAA defamation suit despite reclaiming his Heisman trophy, and Florida sues the ACC to detail its lucrative media rights contracts.

Expert Analysis

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent

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    The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • How Cos. Can Assess Open-Source Contribution Patent Risks

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    Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Averting Patent And Other IP Risks In Generative AI Use

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    While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

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