Intellectual Property

  • May 10, 2024

    Retail Group Opposes $1B Arbitral Award Against Walgreens

    An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.

  • May 10, 2024

    Patent Owners Face Risks In Amazon Program After Ruling

    The Federal Circuit ruled earlier this month that a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state. The holding creates a risk for patent owners who may rethink using the program, attorneys told Law360.

  • May 10, 2024

    Pharma Cos., FDA Debate 'Same Drug' In Orphan Drug Case

    Two pharmaceutical companies and the U.S. Food and Drug Administration faced off in D.C. federal court Friday over allegations that the federal agency wrongly approved a treatment that rivals Jazz Pharma's narcolepsy drug despite Jazz's exclusivity rights under the Orphan Drug Act.

  • May 10, 2024

    Densify, VMware Settle Patent Case After $85M Verdict

    Densify and the Dell spinoff VMware notified a Delaware federal judge on Friday that they had decided to settle a suit after VMware last year was ordered to pay nearly $85 million for infringing patents over new ways of designing virtual environments.

  • May 10, 2024

    Fed. Circ. Backs ITC Decision Clearing Computer Gear Imports

    The Federal Circuit on Friday upheld the U.S. International Trade Commission's holding that CommScope, Hewlett Packard, Netgear and others didn't infringe Q3 Networking's computer gear patents with their imports of things like routers.

  • May 10, 2024

    Pharmaceutical Cos. Can't Nix Parkinson's Drug Antitrust Suit

    A Delaware federal judge has issued a sealed order refusing to dismiss drugmakers Sage Chemical Inc. and TruPharma's antitrust suit accusing rival Supernus Pharmaceuticals and others of suppressing generic versions of the Parkinson's treatment Apokyn.

  • May 10, 2024

    1st Circ. Fast-Tracks DraftKings Noncompete Feud

    The First Circuit on Friday granted a former DraftKings executive's request to expedite his appeal of a Boston federal judge's ruling that blocked him from doing similar work in the U.S. for rival Fanatics. 

  • May 10, 2024

    Fed. Circ. Questions Claim Construction In Google Ad Row

    Federal Circuit judges took issue with a district court's claim construction in digital advertising company Impact Engine's infringement summary judgment loss to Google, but questioned why the ad startup didn't raise its objections earlier.

  • May 10, 2024

    Oakland Says SF Has No TM Rights To 'San Francisco Bay'

    The city of Oakland has pushed back at San Francisco's trademark infringement complaint over Oakland's plan to incorporate "San Francisco Bay" into its airport name, arguing that the Golden Gate City's claims are doomed because its airport is not even located in San Francisco.

  • May 10, 2024

    X Corp.'s Data Scraping Suit Stymied By Copyright Act

    A California federal judge has dismissed X Corp.'s suit accusing an Israeli company of mining and selling user data culled from its platform, noting that X's claims would allow it to block others from distributing publicly available user content and are preempted by the Copyright Act.

  • May 10, 2024

    JLM Couture Nears Settlement With Bridal Dress Designer

    Dressmaker JLM Couture told Delaware's bankruptcy court Friday it reached an agreement in principle with a bridal dress designer, who was sued by the company and had sought to convert its Chapter 11 case into a Chapter 7 liquidation.

  • May 10, 2024

    Off The Bench: Ohtani Translator's Plea, NBA Star Tops Agent

    In this week's Off The Bench, Shohei Ohtani's ex-interpreter will plead guilty, an NBA star wins in his clash with the agent who sought to represent him, and a tennis player who was abused by her former coach is awarded $9 million.

  • May 10, 2024

    Tobacco Wholesaler Must Post $1.4M Bond Pending IP Appeal

    A cigarette rolling paper wholesaler must post a more than $1.4 million bond while the company appeals its portion of a larger $2.3 million verdict for selling counterfeit papers, a Georgia federal judge has ruled.

  • May 10, 2024

    Jury Says Microsoft Owes $242M For Infringing IPA Patent

    A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

  • May 10, 2024

    Fox Rothschild Hires Ex-Seed IP Trio On The West Coast

    Fox Rothschild is bringing on more intellectual property talent on the West Coast, announcing Friday that it had added three former Seed IP attorneys to its Seattle offices.

  • May 09, 2024

    Fed. Circ. Lifts Ban On Generic Cos.' Bladder Drugs

    The Federal Circuit on Thursday rejected Astellas Pharma's latest effort to stop the launch of generic drugs that would compete with its own blockbuster overactive bladder medication and lifted a temporary ban that was put in place by the appeals court in April.

  • May 09, 2024

    AI-Created Database Isn't Copyrightable, Job Search Co. Says

    Job searching platform Tarta.ai has urged a California federal judge to toss a suit accusing it of stealing rival Jobiak LLC's automated database and using it for its own job postings, arguing that Jobiak's website is not subject to copyright protection because it's powered by artificial intelligence.

  • May 09, 2024

    Fed. Circ. Wary Of Undoing Gilstrap's Toss Of Banking IP Suit

    The Federal Circuit didn't seem convinced Thursday morning that a patent case against online stockbroker TD Ameritrade had been wrongly tossed out of court, with a judge at one point telling banking patent owner Island Intellectual Property that "this is all abstract."

  • May 09, 2024

    High Court Leaves Discovery Rule Question For Another Day

    The U.S. Supreme Court's majority opinion Thursday that plaintiffs in copyright ownership disputes can recover damages past the three-year statute of limitations could lead to an increase in claims for infringing acts that occurred decades before, while leaving uncertainty about whether the so-called discovery rule that widened the time window for claims even exists, according to attorneys.

  • May 09, 2024

    Nintendo Gets Switch Suit Stay Pending Patent Review

    A Seattle federal judge agreed Thursday that Nintendo could pause an intellectual property suit against it while it seeks to challenge the validity of the patents at issue, saying the plaintiff could not now complain about delays since it waited six years to file its complaint.

  • May 09, 2024

    Judge Clarifies Gilead Didn't Directly Infringe HIV Drug IP

    A Delaware federal judge on Thursday rejected Gilead Sciences' request to amend her judgment finding that two medications in its HIV prevention regimen, Truvada and Descovy, directly infringed the government's invalidated patents, but clarified her judgment to say that non-party patients or physicians committed the infringement.

  • May 09, 2024

    USPTO Says TM Applicants' Data Was Accidentally Leaked

    About 14,000 trademark applicants have been notified by the U.S. Patent and Trademark Office that some of their personal information had accidentally been released publicly, with the agency saying it happened over an eight-month period.

  • May 09, 2024

    Wisconsin Co., Hong Kong Biz To Drop Cup Holder IP Dispute

    A Wisconsin business and a Hong Kong furniture maker are looking to end their long-winding patent and trade dress dispute over cup holders, years after a jury handed the Badger State company a $100 million award that was later significantly reduced by the court.

  • May 09, 2024

    Fed. Circ. Skeptical Allergan Illegally Extended Exclusivity

    A Federal Circuit panel seemed doubtful Thursday that a patent covering Allergan's bowel treatment drug Viberzi should have its life cut short based on the expiration date of related patents, in oral arguments over obviousness-type double patenting.

  • May 09, 2024

    Lynk Labs Says Tech Group Is Samsung's 'Mouthpiece'

    Lynk Labs Inc. has asked the Federal Circuit to throw out a brief from the High Tech Inventors Alliance in support of Samsung in a case where the tech giant won a Patent Trial and Appeal Board challenge to a Lynk Labs LED patent.

Expert Analysis

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • How Suit Over An AI George Carlin May Lead To Legislation

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    George Carlin’s estate recently sued a company over an artificial intelligence-generated podcast allegedly impersonating the late comedian, highlighting the importance of much-needed state and federal protection against unauthorized representations of an individual’s image in the time of AI, say Anna Chauvet and Maxime Jarquin at Finnegan.

  • Parsing Chinese Governance On AI-Generated Content

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    As essential risk-mitigation, companies with a China reach should be aware of recent developments in Chinese oversight of AI-generated content, including the latest rulings and regulations as well as the updated ambit for supervisory bodies, say Jet Deng and Ken Dai at Dacheng.

  • Negotiating Milestones In Pharma Licenses Requires Care

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    For life sciences companies, understanding the unique issues that arise in licensing agreements' milestone payment provisions can increase the likelihood and amount of payments received by the licensor and ensure payments are carefully and closely tied to events that truly drive value for the licensee, say Edward Angelini at Amneal Pharmaceutical and Lori Waldron at Sills Cummis.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Trending At The PTAB: How Q1 Policymaking Affects Practice

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    Attorneys at Finnegan consider the first quarter's U.S. Patent and Trademark Office policymaking initiatives and how they may affect practice before the PTAB, including a rule that would codify the current pilot program that allows patent owners two opportunities to amend the challenged claims.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Direct Claims Ruling May Alter Gov't Ties To Software Firms

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    A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.

  • The Fed. Circ. In February: A Reminder On Procedure Rule 28

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    Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • A Defense Strategy For Addressing Copyright Fee-Shifting

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    Permissive fee-shifting under Section 505 of the Copyright Act poses unique challenges for copyright defendants, carrying an outsize impact on the economic incentive structure in copyright litigation, but relying on a Federal Rule of Civil Procedure may offer a potential solution by allowing defendants to recover attorney fees, say Hugh Marbury and Molly Shaffer at Cozen O'Connor.

  • Design Rights Can Build IP Protection, EU Lego Ruling Shows

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    The EU General Court's recent ruling in Delta Sport v. EU Intellectual Property Office — that Lego's registered community design for a building block was valid — helps clarify when technically dictated designs can enjoy IP protection, and demonstrates how companies can strategically use design rights to protect and enhance their market position, says Christoph Moeller at Mewburn Ellis.

  • Contract Disputes Recap: Facts Differ But Same Rules Apply

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    Zachary Jacobson and Sarah Barney at Seyfarth examine two decisions illustrating that reliance on a technicality may not save an otherwise untimely appeal, and that enforcement of commercial terms and conditions under a federal supply schedule contract may be possible.

  • Untangling The Legal Complexities Of Trade Secrets And AI

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    With broad adoption of generative artificial intelligence, some have suggested trade secret law is the best means for protecting innovations, but while this protection may apply to all forms of information, the breadth of coverage may make identifying the information and later misappropriation difficult, say Joshua Lerner and Nora Passamaneck at WilmerHale.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

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