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Intellectual Property
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March 21, 2024
Teleflex Catheter Patent Makes It Through Fed. Circ.
The Federal Circuit on Thursday opted to leave untouched an administrative patent board ruling that rejected a legal effort to invalidate a patent covering a type of catheter that's sold by Teleflex.
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March 21, 2024
TTAB Rejects 'ZPile' TM As 'Descriptive' Of Metal Sheet Piles
A construction materials company's attempt to register "ZPile" as a trademark has failed at the Trademark Trial and Appeal Board, which affirmed an examining attorney's denial of the mark because it's "merely descriptive" of a term known in the industry as a type of metal sheet pile.
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March 21, 2024
Fed. Circ. Upholds Edwards' PTAB Win On Heart Valve Patent
The Federal Circuit has affirmed a Patent Trial and Appeal Board finding that various parts of medical technology maker Cardiovalve's patent on an artificial heart valve implant were invalid as obvious.
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March 21, 2024
Pool Company Aims To Bar Rival's False Ads After Verdict
A swimming pool equipment manufacturer is looking to permanently ban a competitor from using deceptive marketing techniques on Amazon after a federal jury in North Carolina slapped the rival company with a nearly $15 million verdict for false advertising and unfair business practices.
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March 21, 2024
Barings' Exec Helped Raid Employees To Join Rival, Suit Says
A former executive of the investment firm Barings LLC is accused of joining a rival firm who together conspired to hire away 21 Barings employees and then offered to buy the decimated Barings unit for "on the dollar" in "one of the largest corporate raids at an asset manager in years," a suit alleges.
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March 21, 2024
Frost Brown Hires West Coast IP Talent From Lewis Roca
Frost Brown Todd has announced the addition of two intellectual property attorneys from Lewis Roca Rothgerber Christie LLP, including the former managing partner of two IP-focused Lewis Roca offices in California.
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March 21, 2024
USPTO Expands Types Of E-Signatures Allowed For Patents
The U.S. Patent and Trademark Office will allow filers to sign patent documents using a wider range of third-party electronic signature platforms, including DocuSign and Acrobat Sign, starting Friday.
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March 21, 2024
Faegre Drinker Hires Indianapolis Litigation Boutique Founder
Faegre Drinker Biddle & Reath LLP has hired a founding partner of Indianapolis litigation boutique Hoover Hull Turner LLP, who joins the firm as a partner to continue her practice centered on business litigation matters, the firm recently announced.
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March 20, 2024
Metals Co. Gets Injunction Bid Revived In Fireproofing IP Case
The Federal Circuit on Wednesday upheld a California federal judge's decision scrapping a royalty award that metals company CEMCO won after a jury found a smaller rival induced infringement of several fireproofing patents, but the circuit vacated the judge's denial of the company's permanent injunction bid.
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March 20, 2024
USPTO Won't Weigh In On Samsung Chip Patent Fight
The U.S. Patent and Trademark Office's deputy director has turned down appeals from a California company seeking to overturn patent board rulings that could unravel a $303 million verdict against Samsung that has yet to make it through a federal court in East Texas.
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March 20, 2024
PTAB To Analyze Moderna COVID Vaccine Patents
The Patent Trial and Appeal Board has agreed to review two Moderna COVID-19 vaccine patents challenged by rivals Pfizer and BioNTech as having "unimaginably broad claims directed to a basic idea that was known long before."
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March 20, 2024
Spanish Investment Co. Beats Slovak TM Opposition In EU
A Spanish investment company has won an appeal to revive its trademark application, as European officials ruled that buyers of financial services paid a "high degree of attention" and wouldn't think that the sign was linked to a Slovak company.
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March 20, 2024
Digital Comms Filings Bolster Record EPO Applications
Companies and inventors filed the highest number of European patent applications to date in 2023, buoyed by marked increases in filings for digital communications and energy technologies.
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March 20, 2024
Tech Partner Takes Reins Of New AI Team At Phillips Lytle
Phillips Lytle this week became one of the latest firms to unveil a dedicated team focused on artificial intelligence, with a partner experienced in technology and business matters poised to lead that group of seven attorneys overall.
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March 20, 2024
EU Commission Builds 'Toolkit' To Fight Counterfeiting
The European Commission has adopted new measures to crack down on counterfeiting aimed at strengthening intellectual property rights by increasing the sanctions for criminal offenses while also designating a single contact point for enforcement issues.
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March 20, 2024
Boehringer Wins Diabetes Treatment Patent On Appeal In EU
Boehringer Ingelheim saved its diabetes drug patent from the chopping block after a European appellate board ruled that the treatment for patients with moderately damaged kidneys was new and innovative despite eight oppositions.
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March 20, 2024
Stroller Co., Music Publisher Agree To End IP Row Over Song
Music distributor Third Side Music Inc. and car-seat maker Evenflo Co. Inc. have agreed to end a lawsuit that claimed Evenflo used a "sound-alike" song in its advertisements that allegedly infringed Third Side's rights to music by the electronic band Sofi Tukker, according to a filing in Ohio federal court.
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March 20, 2024
Upper Deck Settles Suit Over 1998 Michael Jordan Photo
Upper Deck and the owner of a 1988 photo of NBA legend Michael Jordan have agreed to settle a California federal lawsuit that accused the trading card giant of making millions off the famous photograph without permission.
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March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
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March 20, 2024
EU's AI Act Disclosure Rules Could Spark Further Litigation
The European Union's new artificial intelligence law included some welcome guardrails to protect intellectual property rights. But lawyers say it remains to be seen whether these new rules will bridge the gap between concerned rights holders and AI pioneers.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
Fight Over NFL Star's Statue Hinges On Who Holds Copyright
The works of sculptors, like those of other artists, are protected by the fair use doctrine in U.S. copyright law, while photographers also have copyright protection for their work when others try to use it for their own profit. The intersection of those rights complicates a rare copyright infringement suit against the NFL and the Detroit Lions over a statue of Hall of Fame player Barry Sanders, experts say.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 20, 2024
Wise Hits Back At Bad Faith TM Allegations From Tech Rival
Payments firm Wise has hit back at a counterclaim from software company WithWise, urging the High Court to reject WithWise's claim that Wise's trademark is invalid because it is overbroad and being used as a legal weapon.
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March 20, 2024
Google Fined €250M By France For Media Copyright Breaches
France's competition regulator said Wednesday that it has hit Google with a €250 million ($271 million) fine for using content from news agencies without alerting them or payment.
Expert Analysis
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Google Patent Case Is A Claim Construction Litigation Lesson
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.
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A Post-Mortem Analysis Of Stroock's Demise
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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Reassessing Trade Secrets Amid Proposed Noncompete Ban
The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.
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Considering The Logical Extremes Of Your Legal Argument
Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.
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How High Court SEC Case Could Affect The ITC
While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.
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2nd Circ. Ruling Will Guide Social Media Account Ownership
The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.
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Storytelling Strategies To Defuse Courtroom Conspiracies
Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.
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Aldi Design Infringement Case Highlights Assessment Issues
The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.
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Opinion
9th Circ. Should Overturn The Miles Davis Tattoo Ruling
A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.
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Generative AI Raises IP, Data Protection And Contracts Issues
As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.
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Exporters Should Approach Self-Disclosure With Caution
A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.
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Is Compulsory Copyright Licensing Needed For AI Tech?
The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.
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EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility
A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.
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3 Principles For Minimizing The Risk Of A Nuclear Verdict
In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.