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Intellectual Property
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November 21, 2024
Trump Settles Copyright Suit Over 'Electric Avenue' Song
President-elect Donald Trump has settled a copyright lawsuit from the creator of the 1980s pop hit "Electric Avenue" who alleged the song was used without his permission in a social media post attacking President Joe Biden during the 2020 presidential election.
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November 21, 2024
Trump Selects Ex-Fla. AG Pam Bondi As New AG Pick
President-elect Donald Trump announced Thursday that he has selected Pam Bondi, a former attorney general of Florida, as his new pick for U.S. attorney general, just hours after former U.S. Rep. Matt Gaetz withdrew his name from consideration amid allegations of sexual misconduct and drug use.
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November 21, 2024
IP Atty Fights To Revive Allergan FCA Suit At 9th Circ.
A patent attorney urged the Ninth Circuit on Thursday to revive False Claims Act allegations against Allergan over dementia drug patents, arguing his client used his expertise to discover the patents were fraudulently issued to block generics and that these are the kinds of FCA cases the government welcomes from experts.
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November 21, 2024
NYT To OpenAI: You Deleted My Search Results
Lawyers for The New York Times and other newspapers suing Microsoft and OpenAI over allegedly using copyright-protected news stories to train ChatGPT now say that a week's worth of their search result data was accidentally erased by OpenAI engineers.
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November 21, 2024
In Tight Vote, Senate Panel OKs Bill To Set New PTAB Limits
The Senate Judiciary Committee on Thursday narrowly voted to advance a bill that would impose new restrictions on Patent Trial and Appeal Board challenges, with several members expressing concern that it could drive up the cost of prescription drugs.
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November 21, 2024
Glass Tempering Co. Says It Can't Infringe Unknown Patents
A glass processing equipment distributor asked a North Carolina court to toss a Finnish competitor's patent infringement suit, arguing that it had no knowledge of the patents it allegedly "willfully" copied.
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November 21, 2024
Fed. Circ. Agrees Tomofun's Pet Camera Didn't Infringe Patent
The Federal Circuit on Thursday affirmed a lower court's finding that pet technology company Tomofun's Furbo pet camera didn't infringe a pet communication patent, agreeing that the product at issue didn't cover key patent language.
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November 21, 2024
Justices Urged To Take Up Fed. Circ.'s 1-Word PTAB Orders
Groups representing patent owners and inventors want the U.S. Supreme Court to take up a challenge to the Federal Circuit's practice of affirming decisions from the Patent Trial and Appeal Board with one-word orders.
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November 20, 2024
Musk, Ramaswamy Say High Court Rulings OK Federal Cuts
Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.
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November 20, 2024
5 Charged For 'Scattered Spider' Phishing Hacks, Crypto Theft
California federal prosecutors unveiled a criminal case Wednesday accusing five alleged members of the "Scattered Spider" cybercrime group of using a phishing scheme to access the confidential data of media and technology companies and steal $11 million worth of cryptocurrency from digital wallets.
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November 20, 2024
USPTO Unveils Patent Fee Hikes Set To Take Effect In January
The U.S. Patent and Trademark Office on Wednesday released a final rule that will increase many patent-related fees on Jan. 19, recalibrating some proposed hikes that had drawn criticism from attorneys and industry groups while leaving others intact.
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November 20, 2024
Ohio Mortgage Co. Gets Rival To Change Name In TM Fight
A Michigan mortgage company has agreed to change its name to end a trademark infringement lawsuit brought by a rival business in Ohio that claimed it was fielding complaints from confused customers over allegedly questionable telemarketing practices.
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November 20, 2024
Apple Tapped With Patent Suit Over IMessage 'Tapbacks'
A lawsuit filed Wednesday in the Southern District of New York accuses Apple of infringing two patents through some of the newer features of its iMessage app that allow people to react and respond to particular texts.
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November 20, 2024
Microsoft Defeats Eye Contact Feature Patent At PTAB
The Patent Trial and Appeal Board has invalidated claims in a RealD Spark patent it alleged were infringed by Microsoft's eye-contact feature, the latest decision in a broader legal battle.
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November 20, 2024
Attys Slam Deceptive NIL Settlement Services In NCAA Case
Class counsel in the massive NCAA name, image and likeness lawsuit have asked a California federal court to intervene with third-party servicing companies that are using misleading information while offering claims-filing services to class members in order to profit from the proposed $2.78 billion settlement.
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November 20, 2024
'Ambush' At Patent Trial Led To $22M Loss, ASUS Says
Taiwanese computer company ASUSTeK and the California owner of patents it infringed lambasted each other in post-trial motions filed in Texas federal court, with ASUS seeking to vacate a $22 million verdict due to the patentee's "ambush" tactics, and the patentee wanting its award doubled for ASUS' "pirate-like behavior."
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November 20, 2024
Google Beats EcoFactor Patent Case Over Nest
Google has persuaded a California federal court to nip in the bud one of the newer patent lawsuits targeting its Nest smart home brand, winning a ruling that found an air conditioner capable of "calculating and comparing thermal efficiency" wasn't enough for a patent.
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November 20, 2024
Nike Accused Of 'Smear Campaign' Over $60M Trademark Suit
A Los Angeles-based company that made customized sneakers for celebrities and athletes hit back Tuesday at Nike's $60 million trademark suit, saying that despite the companies' previous collaborations, Nike is now making knowing false claims in a "smear campaign" to crush its business.
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November 20, 2024
Citing Fintiv, PTAB Rejects Samsung's Challenge To Patent
The Patent Trial and Appeal Board has shot down Samsung's challenge to a Pictiva Displays patent covering technology used in features like smartphone flashlights, citing parallel district court litigation over the same patent.
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November 20, 2024
Judge Keeps Emails Redacted In Apple Foe's FOIA Row
The patent office convinced a D.C. federal judge Wednesday to keep in place redacted portions of six emails detailing the agency's response to a Freedom of Information Act request from a longtime legal foe of Apple Inc. that is suing the agency to find out more about administrative decisions that wiped out a $533 million jury verdict.
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November 20, 2024
Keep Your Briefs Brief, LA Federal Judges Tell IP Lawyers
A group of Los Angeles federal judges urged local intellectual property lawyers during a courthouse panel Wednesday to keep their briefs succinct and not repeat the same points verbatim during oral arguments.
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November 20, 2024
Atty Seeks Ruling Letting Him Sell Unlicensed NFL Merchandise
A man representing himself pro se has argued in a New York federal complaint that he should be allowed to sell unlicensed National Football League merchandise that features team designs and logos, because his use is "functional" and allowed without a license.
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November 20, 2024
RJ Reynolds Loses Early Exclusion Bid In ITC Vape IP Case
A U.S. International Trade Commission judge has refused for now to block imports of certain vape products during an investigation into R.J. Reynolds' allegations that a variety of companies were infringing an electronic smoking patent.
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November 20, 2024
Atty From Telecom Biz Joins IP Firm Panitch Schwarze
Panitch Schwarze Belisario & Nadel LLP has hired an attorney with extensive in-house experience in the tech industry to help enhance the intellectual property services it offers to its clients.
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November 20, 2024
Weil Litigation Leaders Jump To Paul Weiss In NY
The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.
Expert Analysis
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope
Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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3 Steps For Companies To Combat Task Scams
On the rise in the U.S., the task scam — when scammers offer a victim a fake work-from-home job — hurts impersonated businesses by tarnishing their name and brand, but companies have a few ways to fight back against these cons, says Chris Wlach at Huge.
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False Patent Marking Claims Find New Home In Lanham Act
While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.
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A Look At Calif. Biz Code And The Fight Over Customer Lists
To ensure Uniform Trade Secret Act security, California staffing agencies and their attorneys should review Section 16607 of the state Business Code, which prohibits contracts that restrain employees from engaging in other lawful types of business, to understand the process for determining whether a customer list constitutes a trade secret, says Skye Daley at Buchalter.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
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Key Healthcare Issues That Hinge On The Election Outcome
The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.
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Patent Lessons From 4 Federal Circuit Reversals In September
Cases that were reversed or vacated by the Federal Circuit last month provide helpful clarity on collateral estoppel, patent eligibility, construction of claim terms that have different boundaries across different claims, and the role of courts as neutral arbiter, say attorneys at Bunsow De Mory.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Trademark Food For Thought When Rebranding
Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.