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Intellectual Property
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May 08, 2024
Gambling Cos. Can't Knock Out 4 Location Software Patents
DraftKings and several other gambling companies have failed to persuade the Patent Trial and Appeal Board to invalidate a quartet of patents covering location software that were issued to a patent lawyer who has sued at least 10 major betting brands.
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May 08, 2024
Sorority Fails To Get Fed. Circ. To Revive TM Case
A one-line Federal Circuit ruling Wednesday upheld a decision shooting down a popular sorority's efforts to obtain a trademark registration covering the acronym "ZTA" for use in the consumer goods market.
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May 08, 2024
DLA Piper, Cooley Lead Software Firm Silvaco's $114M IPO
Electronic design automation software company Silvaco Group Inc. on Wednesday priced an $114 million initial public offering at the top of its range, represented by DLA Piper and underwriters' counsel Cooley LLP.
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May 08, 2024
Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told
An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.
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May 08, 2024
Blue Bottle Coffee Loses Suit Over 'Blue Brew' TM
A California federal judge has handed a loss to Blue Bottle Coffee LLC in its trademark infringement case against a company selling coffee gear and accessories using the phrase "Blue Brew," saying there wasn't any evidence that customers would be confused.
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May 08, 2024
IP Owners Call For PTAB Amendment Plan To Be Permanent
The U.S. Patent and Trademark Office has received a series of comments on its plans to formalize a Patent Trial and Appeal Board pilot program to assist patent owners in amending challenged claims, including from groups such as the Intellectual Property Owners Association and the Council for Innovation Promotion.
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May 08, 2024
Levi Strauss Settles TM Suit Over Rival's Tab Label Design
Jeans maker Levi Strauss & Co. has settled its suit in California federal court alleging Italian clothing company Brunello Cucinelli infringed on Levi's tab trademark in an effort to sow customer confusion and reap profits.
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May 08, 2024
Dr. Martens Accuses Temu Of Google Search TM Use
Dr. Martens has accused Chinese ultra-fast fashion giant Temu of paying Google to show its knockoffs of the British shoemaker's famous black boots in the search results of online shoppers.
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May 07, 2024
GOP Reps. Want IP Enforcers To Get Tougher On Infringers
Republican lawmakers complained at a Tuesday congressional hearing about the Biden administration's move to end the controversial Trump-era "China Initiative" aimed at curbing suspected economic espionage and questioned administration officials over how diligently they have pursued intellectual property cases on behalf of U.S. manufacturers, retailers, movie studios and vape companies.
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May 07, 2024
Amazon, Epson Unite To Go After Printer Ink Counterfeiters
Amazon and Seiko Epson have teamed up to go after several bad actors in Turkey and the United Kingdom that are allegedly hawking knockoff Epson printer ink bottles and cartridges on Amazon's platform, according to a trademark infringement action filed in the Western District of Washington.
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May 07, 2024
Iceberg Image Closes Pacira Drug Patent Infringement Trial
A generic drugmaker on Tuesday used imagery to argue that the information in a Pacira Biosciences Inc. painkiller patent is just the proverbial tip of the iceberg, positing that regulators would have rejected the application if all the data on the medicine had been revealed.
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May 07, 2024
Judge Limits Valve's Arguments In Controller Patent Fight
A federal judge in Seattle has partly granted a bid from Ironburg Inventions Ltd. to block Valve Corp. from raising certain arguments when challenging a video game controller patent at district court based on estoppel rules from the Patent Trial and Appeal Board.
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May 07, 2024
DC Circ. Examines Timing In ITC's Bid To Investigate Expert
The D.C. Circuit on Tuesday scrutinized the U.S. International Trade Commission's bid to revive an investigation into a former expert witness retained by Qualcomm for allegedly breaching a protective order, questioning whether the expert's successful suit to stop the probe was premature, as the commission claims.
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May 07, 2024
In Calif. Case, Samsung Contractor Points To Waco Verdict
A Samsung contractor says a Texas jury verdict that cleared the South Korean phone maker from a $4 billion patent suit should free it from similar allegations in a case in California.
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May 07, 2024
Fed. Circ. Seems Wary Of Broad's CRISPR Inventorship Win
Federal Circuit Judge Todd Hughes on Tuesday suggested that the Patent Trial and Appeal Board cited the correct standard when reviewing who first invented a particular use of the gene-editing technology CRISPR-Cas9, but then applied an improper standard when ruling in favor of a Massachusetts research team.
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May 07, 2024
NBA's Dominique Wilkins Sues AmeriHealth Partners Over NIL
NBA slam-dunk legend Dominique Wilkins and his management team are suing AmeriHealth Partners LLC in Atlanta federal court for allegedly using his name, image and likeness without his permission to market pharmaceutical products nationwide in 74,000 drug stores.
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May 07, 2024
Tax Software Co. Still Can't Trim Rival's Trade Secrets Suit
A corporate-focused tax preparation software company still can't pare back a suit alleging that it poached workers from its rival's recently acquired company, a Pennsylvania federal judge ruled Tuesday.
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May 07, 2024
Meta Gets PTAB To Wipe Out Photo-Tagging Patent In Calif. Suit
The Patent Trial and Appeal Board has wiped out all challenged claims in a patent owned by a company that is suing Meta in California federal court.
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May 07, 2024
Ways And Means Chairs Decry China Tariff Review 'Inaction'
The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.
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May 07, 2024
Hytera Sanctions Show Strength Of Antisuit Injunctions
The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.
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May 07, 2024
Texas Law Firm's Claims Partly Tossed In Click-To-Call Ad Suit
A Texas federal judge has partially dismissed a Houston-based personal injury outfit's claims against a legal referral service it accuses of buying internet keywords that infringe the firm's trademarks in a "click-to-call" scheme meant to steal clients and business from the firm, finding some of the allegations were "conclusory" and that others were unsupported by the facts.
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May 07, 2024
Amazon Blasts Writer's Ownership Claim Over New 'Road House'
Amazon Studios and others involved in the 2024 remake of 1989's "Road House" movie told a California federal court that the writer behind the original film who is suing for copyright infringement does not own the rights to the script for the original.
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May 06, 2024
USPTO Says Apple Foe Seeks Info That Falls Under Exemption
U.S. Patent and Trademark Office lawyers say the agency doesn't have to give any more of its communications to an inventor whose $533 million jury verdict win against Apple Inc. was overturned, and the USPTO wants a D.C. federal judge to toss his Freedom of Information Act lawsuit.
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May 06, 2024
Fed. Circ. Affirms PTAB Invalidation Of Voice Command IP
The Federal Circuit on Monday backed a Patent Trial and Appeal Board decision declaring that Mycroft AI had shown that several claims of a Voice Tech Corp. voice command patent for mobile devices were not valid.
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May 06, 2024
OnePlus, Pantech File Dueling Bids After $10M Patent Verdict
Chinese phone company OnePlus is contesting a Texas federal jury verdict that found it owes $10 million for infringing five Pantech patents, calling the sum a "grossly inflated damages award," while Pantech is asking the court to award it even more money.
Expert Analysis
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Patent Lessons From 8 Federal Circuit Reversals In March
A number of Federal Circuit patent decisions last month reversed or vacated underlying rulings, providing guidance regarding the definiteness of a claim that include multiple limitations of different scopes, the importance of adequate jury instruction, the proper scope of the precedent, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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Tenn. Law Protecting Artists From AI Raises Novel Issues
Tennessee recently enacted a law that extends the right of publicity protection to individuals' voices in an attempt to control the proliferation of artificial intelligence in the music industry, presenting fascinating questions about the First Amendment, the fair use doctrine and more, say attorneys at Davis Wright.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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10 Years After Alice, Predictability Debate Lingers
A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Circumstantial Evidence Requires A Pointillist Approach
Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.
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How China's IP Proposal Could Affect US Brands' TM Strategy
Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.
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Exploring Patent Trends In Aerospace Electrification
As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.
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3 Tech Sourcing Best Practices That Are Relevant For AI
It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.
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The Pros And Cons Of NIST's Proposed March-In Framework
Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.
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Why Fed. Circ. Should Resolve District Split On Patent Statute
A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.