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Intellectual Property
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May 14, 2024
Effect Of New China Duties Hinges On Allies' Response
The effectiveness of new tariffs, announced Tuesday, on Chinese products including electric vehicles, semiconductors and solar cells to protect domestic industries may be determined more by the international community's response than the trade remedies themselves.
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May 14, 2024
Venable Opens Colo. Office With 8 Sherman & Howard Attys
Venable LLP is growing its presence by opening its first office in Colorado, with eight commercial and employment attorneys from Sherman & Howard LLP opening its Denver location, which will be headed by partner-in-charge James "Jim" Sawtelle, the firm announced Tuesday.
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May 14, 2024
Netflix Can't Shake Patent Biz Case In Delaware
A federal judge on Tuesday rebuffed Netflix's attempt to invalidate several patents it has been accused of infringing, finding the ideas underlying the handful of decade-old tech patents are inventive enough to move the lawsuit forward.
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May 14, 2024
'Secret' Docs Show Samsung Breached Netlist Deal, Jury Told
An attorney for Netlist told a California federal jury Tuesday during opening statements in its breach of contract suit against Samsung that "secret documents" will show that the technology giant's executives gleefully sought to crush Netlist by cutting off its supply of crucial computer memory products.
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May 14, 2024
USPTO Guidance On AI And Patents Draws Worry And Praise
U.S. Patent and Trademark Office guidance on when inventions developed using artificial intelligence can be patented has generated concern from some companies and industry groups about discouraging AI adoption and putting patents at risk, while others welcomed it as a sound approach.
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May 14, 2024
The PREP Immunity Question Won't Be Decided Yet
The Federal Circuit opted Tuesday not to say whether a 2005 public health law provides any legal immunity in a patent dispute between rival manufacturers of COVID-19 test swabs, leaving the thorny question unanswered.
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May 14, 2024
Norwich, Bausch Ask Fed. Circ. To Rethink Xifaxan IP Ruling
Alvogen's Norwich Pharmaceuticals unit and Bausch Health have launched bids for the Federal Circuit to rehear a case in which it affirmed a Delaware federal court's decision preventing the release of a generic version of Bausch's blockbuster diarrhea and brain disease drug, Xifaxan, until 2029.
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May 14, 2024
Lululemon Scores Partial PTAB Wins On Nike Patents
The Patent Trial and Appeal Board has found that athletic apparel retailer Lululemon Athletica Inc. had shown that all the challenged claims of one Nike patent on fitness tracking technology and some of the claims of another patent are invalid.
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May 14, 2024
Boeing Can't Beat Rival's Trade Secrets Claim, 11th Circ. Hints
Counsel for Boeing attempted to convince the Eleventh Circuit on Tuesday that a rival aircraft company's bid to claim unjust enrichment amid a long-running U.S. Air Force contract fight should be barred by contract language that waived claims for damages stemming from Boeing's allegedly underhanded bidding tactics.
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May 14, 2024
Jury's $2M Medical Device Infringement Verdict Upended
A Delaware federal judge ruled Tuesday that Kurin Inc. did not infringe claims of a Magnolia Medical Technologies Inc. patent tied to sepsis testing, reversing a 2022 jury verdict that Kurin had infringed the patent and should pay $2 million.
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May 14, 2024
Boeing Jury To Sift Through Failed Electric Jet Partnership
Washington-based Zunum Aero Inc. was soaring in 2017 when The Boeing Co. invested millions to propel development of a hybrid-electric or all-electric jet that the startup boasted could make air travel greener, faster and cheaper.
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May 14, 2024
Amazon Owes Atty Fees Plus $525M IP Bill, Cloud Co. Says
After an Illinois federal jury determined that Amazon owes $525 million for infringing three of Kove IO's patents relating to cloud data storage technology, the Chicago software company asked a judge Tuesday to add $180 million in interest, while also arguing Amazon owes attorney fees for its surprise trial tactics.
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May 14, 2024
Judge Trims More From Prison Phone Co.'s Antitrust Suit
Prison telephone service provider Global Tel Link and a Pennsylvania county now have one fewer claim to face in a lawsuit accusing them of sinking a rival company's chance at winning a contract with the county, after a federal court trimmed away yet another claim.
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May 14, 2024
Congressional IP Attorneys Keeping Close Watch On AI
Top intellectual property attorneys from the U.S. Senate and U.S. House of Representatives told a room full of Federal Circuit practitioners on Tuesday that artificial intelligence is the biggest thing to watch within IP law over the next few years.
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May 14, 2024
Shire Settles Claims Over Alleged ADHD Generic Delay
Purchasers of the medication Intuniv have settled a years-old class action against drugmaker Shire PLC and manufacturer Actavis over allegations that the companies struck an anti-competitive deal to delay the production of a generic version of the attention-deficit/hyperactivity disorder drug.
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May 14, 2024
Keep It Short, And Other Advice From Fed. Circ. Judges
Six Federal Circuit judges counseled a packed room of attorneys on Tuesday about the most common ways to ruin their own cases, such as talking too much at oral argument, adding additional citations and attacking judges or opposing counsel.
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May 14, 2024
Norton Rose Gains IP Trio From Polsinelli In Dallas And Denver
Norton Rose Fulbright announced Tuesday that it has bolstered its intellectual property group with three lawyers from the patents practice at Polsinelli PC.
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May 14, 2024
Pool Co. Pleads For Reprieve From Asset Freeze To Pay Attys
A Chinese manufacturer of swimming pool products and its American subsidiary are seeking a temporary respite from a court-ordered asset freeze intended to ensure they pay a multimillion-dollar verdict, saying they need to pay legal fees and other trial costs in the interim.
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May 14, 2024
What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say
Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.
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May 14, 2024
ATM Network Accuses Stripe Of Infringing 'Link' TMs
The main ATM network in the U.K. has accused Stripe of infringing its trademarks and hijacking its reputation by providing a payments system under the "Link" name, telling a court that consumers associate this branding with the cash machine system in Britain.
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May 14, 2024
Biden More Than Doubles Tariffs On Chinese EVs, Solar Cells
The U.S. will more than double tariffs on a range of Chinese goods, including electric vehicles and their batteries, steel, semiconductors and solar cells, in response to allegedly unfair trade practices and overproduction, the White House announced Monday.
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May 13, 2024
'This Is America,' Not A Copyright Case, 2nd Circ. Says
Second Circuit judges shut down an appeal from a Miami rapper who says the 2018 hit Childish Gambino song "This Is America" bit off the flow from his 2016 record "Made In America," agreeing with a New York federal judge that the less successful rapper never protected the composition of his older song with a copyright.
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May 13, 2024
USPTO Eyes Change To Patent Applicants' Disclaimer Practice
The U.S. Patent and Trademark Office is looking to add a requirement for patent applicants filing so-called terminal disclaimers in order to overcome rejections by patent examiners over obviousness-type double patenting, a move that lawyers and a former USPTO official say could change the agency's approach considerably, especially for patents covering brand-name drugs.
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May 13, 2024
6th Circ. Backs Toss Of Private Security Co.'s Stolen Info Suit
A Sixth Circuit Court of Appeals panel has sided with a private security company accused of partnering with a similar business and stealing trade secrets so it could flourish while the other one wilted, saying the plaintiff failed to support its allegations.
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May 13, 2024
Netflix Gets 10th Circ. To Take 2nd Look At 'Tiger King' Ruling
The Tenth Circuit on Monday agreed to revisit an appeal from Netflix Inc. regarding a copyright complaint about its docuseries "Tiger King," after filmmakers and others told the appeals court it had misapplied U.S. Supreme Court precedent.
Expert Analysis
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7 Common Myths About Lateral Partner Moves
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.
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What's At Stake In Pending Fed. Circ. Design Patent Test Case
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.
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No AI FRAUD Act Is A Significant Step For Right Of Publicity
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.
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Series
Cheering In The NFL Makes Me A Better Lawyer
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.
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Averting Patent And Other IP Risks In Generative AI Use
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.
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After TikTok, Tiptoeing Toward Patent Transfer Alignment
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.
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New Hydrogen Regulations Show The Need For IP Protections
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.
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Inside The PTAB's Seagen Cancer Drug Patent Decision
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.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
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.
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Opinion
Biden Admin's March-In Plan Would Hurt Medical Innovation
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.
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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.