The federal courts are slowing down to deal with a pandemic but they aren't exactly saying "game over," issuing three major rulings on intellectual property lawsuits involving video games in the past few weeks. Here’s what you need to know about each one.
A California federal judge on Wednesday entered final judgment awarding Juno Therapeutics and Sloan Kettering enhanced damages of over $389 million while boosting the total award to over $1.1 billion after a jury found that Kite Pharma willfully infringed a patent for a cancer immunotherapy.
The Trademark Trial and Appeal Board has rejected Ric Flair LLC’s bid to score a mark for the legendary pro wrestler’s “Nature Boy” nickname, saying that the proposed mark is too similar to that of a clothing line, “Nature Boys,” and that both marks aim to sell shirts.
A patent-licensing company founded by former WilmerHale and Kirkland & Ellis LLP partners said Wednesday it has resolved a dispute with Lyft over methods of routing ride-sharing traffic.
The push to free up intellectual property to fight the COVID-19 pandemic has continued to expand, with Intel and Medtronic, key research universities and others offering up their IP, and as United Nations officials support putting the health emergency over patent rights.
Jaguar Land Rover Ltd. and Bentley Motors Ltd. on Tuesday asked a Virginia federal judge to postpone an October trial in their dispute over a Jaguar vehicle control patent because of the coronavirus pandemic, with Bentley saying attorneys at the firm representing it have been hospitalized.
Executives at Owlcam shortchanged investors with help from Amazon in a scheme to sell the dashboard camera maker's intellectual property to the tech titan in exchange for a $1 million kickback and promises of future employment, according to a lawsuit in Delaware court.
A Maryland federal judge on Wednesday denied Wonder World Learning LLC's bid to sanction Nixon Peabody LLP and its client for allegedly running a "massive scheme" to hide key documents in the trademark dispute between the preschool franchise Kiddie Academy and its former franchisee based in Texas.
A U.S. International Trade Commission judge has cleared several baby carrier makers of infringing a patent owned by rival LilleBaby, ruling that the patent is unenforceable due to "egregious" inequitable conduct by LilleBaby's founder and her husband.
The Federal Circuit ruled Wednesday that the Patent Trial and Appeal Board incorrectly upheld part of a Lighting Science Group Corp. LED patent, finding that the board's ruling was based on a misunderstanding of both the claim language and case law.
The Federal Circuit issued a precedential ruling Wednesday about when colors can be protected under trademark law, overturning a decision that the appeals court said had exaggerated the restrictions on such trademarks.
The Federal Circuit revived a Mylan Pharmaceuticals Inc. bid to invalidate the patent for opioid-induced constipation drug Relistor, ruling Wednesday that a lower court was too hasty in finding that the generic company failed to show the brand name drug’s formula was obvious.
The Federal Circuit on Wednesday reversed a Georgia federal court’s decision invalidating BASF Corp.’s polymer patent claims asserted against SNF Holding Co., Flopam Inc. and Chemtall Inc., saying the lower court got the legal standard for the patent’s validity wrong.
A Federal Circuit panel grappled Wednesday with Uniloc’s bid to reverse a California federal court order refusing to seal its licensing terms in a 2018 suit alleging that Apple infringed a patent for an automated telephone dialing system.
Retail chain Fleet Feet is urging the Fourth Circuit to uphold a ruling that forced Nike to drop the slogan "Sport Changes Everything," calling the sneaker giant's First Amendment defense "a red herring."
Apple urged a California federal judge on Tuesday to scrap or significantly lower an $85 million jury verdict for infringing WiLAN's wireless patents, arguing that the award isn’t supported by evidence for the same reasons the judge threw out a previous $145 million verdict.
A year after a puppet studio accused Fall Out Boy of exploiting the image of a pair of llama puppets, with one fittingly named Royal Tea, the pop-punk band has settled the allegations.
A patent owner can seek attorney fees after agreeing to settle an infringement lawsuit brought by his former employer, the Federal Circuit has ruled in a precedential opinion.
The full Federal Circuit won’t rethink a panel’s decision allowing the Patent Trial and Appeal Board to determine if patent claims are obvious or anticipated — even if they’re indefinite — as part of litigation in which Samsung is facing a $4.3 million infringement verdict.
A Colorado federal judge on Monday yanked a default judgment in a patent suit over cannabis-drying technology, saying that while the alleged infringer's lack of response to the suit could be deemed an admission, the patent holder's failure to link the company to Colorado dooms the suit.
The California Institute of Technology on Monday urged a California federal judge to double its more than $1.1 billion patent win over Apple Inc. and Broadcom Ltd., slamming the companies for "truly egregious" misconduct throughout the case, including purportedly inhibiting Caltech's discovery efforts and dragging their feet on disclosing evidence.
An Australian apparel company has asked an Illinois federal judge to pause the execution of a $450,000 jury verdict finding that it infringed Deckers Outdoor Corp.'s Ugg boot trademarks so the company doesn't go bankrupt trying to challenge the award.
Two California Supreme Court justices appeared open Tuesday to allowing city and county prosecutors to seek statewide relief for Unfair Competition Law violations, even if the conduct occurs outside their jurisdiction, with one justice saying local prosecutions have not gone “amok” so far and another saying such prosecutions protect consumers.
Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.
Post Malone refuses to credit or share songwriting royalties with a musician who claims that he helped write the singer's hit "Circles," according to a California federal lawsuit on Tuesday seeking songwriting credit and proceeds from the tune.
A Pennsylvania lawyer who already lost a suit against trial firm Pierce Bainbridge over the alleged theft of a case involving the video game "Gears of War" shouldn't get a do-over in a second suit, the firm told a federal judge on Monday.
2019 was the last year of a dramatic decade in patent law, and a snapshot of the cases, courts and findings proves just how far the practice has come over the past 10 years.
2020 has all the ingredients to be a blockbuster year for intellectual property law developments. From pending U.S. Supreme Court cases to congressional fights, we've gathered all cases, trends and legislation you should be watching this year.
The Federal Circuit has ruled that Patent Trial and Appeal Board judges have insufficient supervision to pass muster under the appointments clause of the U.S. Constitution. Here, we look at the ruling, the initial fallout and how the decision may impact other cases.
Analysis of U.S. patent data from the last two recessions enables predictions about trends we may see during the COVID-19 recession, including a large decline in filing activity, as well as best practices companies should employ during this time, says Pedram Sameni at Patexia.
As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.
When a manufacturer retools its facilities to produce products needed to combat COVID-19, the risk of patent infringement liability — including the possibility of enhanced damages due to willful infringement — can be mitigated through a variety of strategies, say attorneys at Crowell & Moring.
As a recent shift in policy at the U.S. Department of Justice and U.S. Patent and Trademark Office casts doubt on the future of reasonable and nondiscriminatory patent defenses before the U.S. International Trade Commission, the missteps of past respondents provide a road map of what not to do, says Brian Johnson at Steptoe & Johnson.
Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.
The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.
If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.
Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.
While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.
The first two decisions applying the Ninth Circuit’s Skidmore v. Led Zeppelin decision indicate that the recent trajectory of music copyright infringement law appears to be changing in favor of defendants, limiting what courts find protectable and what they permit a jury to consider, say attorneys at Proskauer.
Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.
In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.
Recent communication from the U.S. Food and Drug Administration, and some provisions of the Coronavirus Aid, Relief and Economic Security Act, reminds drug companies to prioritize shortage reports so that the FDA can ensure supplies remain available, say Chad Landmon and Nisan Zaghi at Axinn.
Despite the bad optics created by Labrador Diagnostics' suing a test manufacturer for patent infringement amid the COVID-19 crisis, robust incentives for the development of diagnostic inventions are much-needed, so Congress should enact patent reform after the crisis subsides, says Michael Harlin at Neal Gerber.
A recent case before the English High Court over an alleged conspiracy by an aviation equipment manufacturer to infringe various parties' intellectual property rights offers a stark reminder that applicants for a search order should not use preserved documents without specific court sanction, say Mark Cooper and Richard Bacon at Eversheds Sutherland.