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Intellectual Property
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March 24, 2025
Fed. Circ. Cuts $2.6M From $10M Car Wash Patent Verdict
The Federal Circuit on Monday cut nearly $2.6 million from an over $10 million verdict against Wash World Inc. for infringing a rival's car wash patent, saying that part of the award involved products unrelated to the patent, but refused to undo the infringement finding.
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March 24, 2025
Judge OKs NIL Recruiting Rules Deal Between States, NCAA
A Tennessee federal judge has signed off on a settlement that resolves antitrust litigation over the NCAA's practice of banning the use of possible name, image and likeness compensation when recruiting athletes.
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March 24, 2025
Fed. Circ. Reverses PTAB Decision On Logistics Patent App
The Federal Circuit ruled Monday that it disagreed with how the Patent Trial and Appeal Board interpreted legal precedent on prior art, telling it to take another look at a patent application covering early online innovations in the freight transit sector that was filed more than two decades ago.
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March 24, 2025
Apple, Sony, Others Facing ITC Probes Over Imports
The U.S. International Trade Commission has said it is launching a series of investigations into whether imports of products such as video game consoles, nose cleaning devices and semiconductors have infringed various U.S. patents.
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March 24, 2025
No $1M Placeholder In 'Black Widow' TM Feud, Judge Rules
A Connecticut federal judge will not require a pest control company to post more than $1 million to cover potential damages in a trademark lawsuit over the name "Black Widow," which is also the subject of a paused cancellation proceeding before the U.S. Patent and Trademark Office.
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March 24, 2025
TTAB Denies Jack's Grill TM Over Confusion With Chain
The Trademark Trial and Appeal Board has denied an attempt by a California restaurant called Jack's Grill and Billiards Inc. to register its name, saying it would likely create confusion with Jack's Family Restaurants, a chain that has hundreds of locations in Alabama, Georgia, Mississippi and Tennessee.
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March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
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March 24, 2025
Netlist Again Wins Samsung Patent Contract Suit On Retrial
Netlist Inc. secured a repeat win Monday in a California federal court retrial of a breach of contract suit against Samsung Electronics Co., a verdict that itself carries no money judgment but bolsters the chipmaker's position on maintaining $421 million worth of patent infringement damages from separate trials.
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March 24, 2025
Dog Toy Maker Appeals Injunction In Jack Daniel's TM Dispute
The maker of a poop-themed dog toy that mimics Jack Daniel's bottles is appealing a permanent injunction that an Arizona federal court entered after finding the company tarnished the whiskey-maker's brand by associating it with feces.
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March 24, 2025
Supreme Court Skips Fed. Circ. 1-Word Order Cases
The U.S. Supreme Court on Monday rejected a pair of challenges to the Federal Circuit's use of one-word orders in patent cases.
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March 24, 2025
High Court Turns Down Case Over Amazon Patent Program
The U.S. Supreme Court decided Monday not to hear an appeal of a Federal Circuit decision that found a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state.
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March 24, 2025
Supreme Court Won't Review Dismissal Of Koss' PTAB Appeal
The U.S. Supreme Court on Monday turned down an appeal by headphone maker Koss Corp. arguing that the Federal Circuit wrongly dismissed its appeal of a Patent Trial and Appeal Board decision by finding that the company's patents had been declared invalid in a separate case that settled.
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March 21, 2025
7th Circ.'s Sykes' Top Rulings Before Senior Judge Transition
Chief U.S. Circuit Judge Diane Sykes of the Seventh Circuit has let her voice be heard on major issues that faced courts during her time at the top, writing important rulings that have advanced biometric privacy litigation, kept Wisconsin's mandatory bar membership intact and curbed a "copyright troll" from crowding dockets with questionable suits.
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March 21, 2025
Netlist 'Invented' Samsung Breach For Patent Grab, Jury Told
A lawyer for Samsung Electronics Co. closed out the third trial in contract litigation with Netlist Inc. on Friday by telling a California federal jury that the chipmaker has "invented" a nonexistent breach because it wants to claw back valuable patent licenses.
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March 21, 2025
Comcast, Touchstream End $525M IP Suit With Midtrial Deal
Comcast and New York startup Touchstream Technologies Inc. said Friday they have reached a settlement in Touchstream's $525 million infringement suit over video display patents.
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March 21, 2025
Lululemon Secures PTAB Decision Axing Nike Shoe Patent
Lululemon persuaded a panel of administrative judges on Friday to wipe out all of the claims in a Nike footwear manufacturing patent, which Nike had already dropped from its New York suit against the athletic apparel retailer by the time that case went to trial earlier this month.
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March 21, 2025
Judge Incredulous At Defense Raised In OpenAI TM Fight
A California federal judge doubted Friday certain defenses in OpenAI's trademark battle against a man who runs a website called "open.ai," telling the man's counsel repeatedly during a hearing it's "incredible" that he's claiming the court can't legally order him to transfer the domain if he doesn't own the mark.
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March 21, 2025
Novartis Urges Court To Make FDA Block Entresto Generic
Novartis says the U.S. Food & Drug Administration has made a drug marketing exclusivity window "meaningless" and wants a D.C. federal judge to block a rival from selling a generic drug that would compete with its blockbuster heart medication Entresto.
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March 21, 2025
Fed. Circ. Revives Blood Pump Patent Suit Against J&J Unit
The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.
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March 21, 2025
BMW Gets PTAB To Knock Out Processor Patent
The Patent Trial and Appeal Board has found that BMW was able to show that all the claims it challenged in a patent for processor technology as invalid as obvious.
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March 21, 2025
Gibson Gets Infringement Finding Plus $1 In Guitar TM Retrial
A Texas federal jury on Friday found that a Florida-based guitar maker infringed Gibson Brands Inc.'s trademarks on shapes of some of its famous guitars like the Flying V and Explorer but handed Gibson $1 after finding that it delayed bringing its claims.
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March 21, 2025
PTAB Judges Told To Get Ready For Layoffs
Administrative judges with the Patent Trial and Appeal Board should prepare themselves for layoffs, according to an email from Chief Administrative Patent Judge Scott Boalick that was shared with Law360.
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March 21, 2025
Crocs Defends News Release In Bid To Beat Defamation Suit
Footwear maker Crocs Inc. told a Colorado federal judge Friday that a 2022 news release in which it said Crocs secured "a judgment of infringement" against a rival company was at least substantially true, contending that's enough to defeat the rival's summary judgment bid in a defamation suit.
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March 21, 2025
Cigna Wants Fees After Being Cleared In Payment IP Row
Cigna has urged a Texas federal court to award it legal fees in a case where it was cleared of infringing a card payment patent, saying the patent owner was trying to get the court to rule that a Federal Circuit ruling on the same patent in another case was wrong.
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March 21, 2025
Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep
In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.
Expert Analysis
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Opinion
Bring Back Patent Models To Shut Down The Patent Trolls
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo
Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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5 Considerations For Obviousness-Type Double Patenting
The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Trending At The PTAB: Evolution Of Granting Stays Post-AIA
Kara Specht and Guanshi Li at Finnegan take a look at the evolving trends in the Patent Trial and Appeal Board's authority to grant stays in parallel reexamination and reissue proceedings under the America Invents Act since 2019, showing that it has become exceedingly difficult to successfully argue against a stay in most cases.