Intellectual Property

  • November 14, 2024

    Full Fed. Circ. Won't Touch GoPro Patent Eligibility Argument

    The full Federal Circuit decided Thursday not to look further into arguments from GoPro Inc. that a September panel ruling on patents asserted against the camera company created "a breathtaking expansion of subject-matter eligibility."

  • November 14, 2024

    Senate Panel Delays Votes On Patent Eligibility And PTAB Bills

    The Senate Judiciary Committee on Thursday postponed planned votes on legislation aimed at reducing decisions that inventions are ineligible for patents and setting new limits on Patent Trial and Appeal Board challenges, but approved a bill to let the patent office collect demographic data on inventors.

  • November 14, 2024

    Judge Finds Dexcom Infringed Abbott Patent That Hung Jury

    A judge has found that Dexcom Inc. infringed a glucose monitor patent owned by an Abbott Laboratories unit, with the ruling coming after a Delaware federal jury in March said it was hung on the issue.

  • November 14, 2024

    Clutch-Maker Sues Off-Road Vehicle Co. For Stalled Royalties

    An off-road vehicle maker in North Carolina has shortchanged a Canadian manufacturer on royalty payments for a clutch and is otherwise tarnishing the supplier's reputation by selling vehicles that frequently malfunction, according to a newly filed federal lawsuit in the Tar Heel State.

  • November 14, 2024

    Boehringer Says Inhaler Antitrust Suit 'Fails On Its Face'

    Boehringer Ingelheim Pharmaceuticals Inc. and Boehringer Ingelheim International GMBH have urged a Connecticut federal judge to dismiss a proposed class action brought by health funds accusing it of monopolizing the inhaler market with improper patent listings, arguing the suit fails to allege any competitors were actually hindered by those patents.

  • November 14, 2024

    South Dakota Slams NCAA Over NIL Settlement 'Notice'

    South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.

  • November 14, 2024

    Amazon Should Pay Triple $30.5M Verdict, Patent Owner Says

    The owner of two computer network patents says that a Delaware federal court should triple the $30.5 million damages award it won against Amazon in an infringement case, while the tech giant argues that the verdict should be tossed.

  • November 14, 2024

    Chipmaker's 'Bounty' Lawsuit Was 'Nonsensical,' Court Told

    A pair of litigation businesses want a California federal court to punish a Taiwanese chipmaker for responding to a patent lawsuit with "frivolous," "meritless" and "nonsensical" antitrust allegations surrounding use of a "bounty" to encourage litigation.

  • November 14, 2024

    Texas Judge Recuses Himself From Microsoft Patent Case

    Chief U.S. District Judge Rodney Gilstrap of the Eastern District of Texas has recused himself, without stating a reason, from a patent infringement case that German company ParTec AG has lodged against Microsoft over the tech giant's artificial intelligence supercomputer.

  • November 14, 2024

    Motorola Can't Get $73M From US Radio IP Win In UK Courts

    A London judge said Thursday that Motorola cannot recoup $73 million in interest and costs despite having convinced a U.S. court that Chinese radio maker Hytera infringed its intellectual property, deeming the cash part of a broader unenforceable award.

  • November 13, 2024

    Jury Backs Some Claims In Inline Plastics Patent, Axes Others

    A Massachusetts federal jury on Wednesday upheld two claims in a patent covering a tamper-resistant container, the latest development in a six-year-old infringement dispute.

  • November 13, 2024

    Nvidia, Microsoft Rip Antitrust Suit And Its 'Imaginary' Cartel

    Nvidia and Microsoft have urged a Texas federal judge to toss a startup's suit alleging that they engaged in an anticompetitive conspiracy to fix prices for graphic processing units used in powering artificial intelligence, with Nvidia saying the startup's "low patent quality" is just as likely to have caused purported injuries.

  • November 13, 2024

    Ex-Oil Products Co. VP Admits To Stealing Trade Secrets

    A former executive at a New Jersey-based producer of oil products and proprietary flavors admitted possessing and conspiring to possess stolen trade secrets, the U.S. attorney for New Jersey announced Wednesday.

  • November 13, 2024

    Google Says $20M Thermostat IP Verdict Was 'Manufactured'

    Google is making its argument to the full Federal Circuit that a $20 million verdict the tech giant was hit with in the Western District of Texas was "manufactured" by an expert hired by a competing smart-home energy startup.

  • November 13, 2024

    Alnylam Says It's Not A 'Patent Troll' In Vax IP Row

    Alnylam Pharmaceuticals has shot back at Moderna's request for about $2.8 million in legal costs it incurred defending a patent suit over its coronavirus vaccine, saying Moderna is wrongly trying to paint it as "a pernicious patent troll."

  • November 13, 2024

    Instagrammer Sues Dad Over Ouster From Vape Co., IP Usage

    Instagram celebrity Dan Bilzerian claims his vape and lifestyle brand was hijacked by his dad and others, according to a Nevada federal lawsuit which accuses them of stealing his likeness and running his name through the mud.

  • November 13, 2024

    Split 9th Circ. Won't Ax Injunction In 'Open AI' TM Fight

    A man accused by OpenAI of preventing the ChatGPT maker from registering its name as a trademark lost his Ninth Circuit challenge to an injunction blocking him from using the "Open AI" mark while his case is pending.

  • November 13, 2024

    Fed. Circ. Judges Frown On Custom Emoji Patent

    A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that knocked out all of the patent's claims.  

  • November 13, 2024

    Copyright Chief: Fair Use A Tough Issue In Upcoming AI Report

    An upcoming report from the U.S. Copyright Office addressing questions of infringement and training artificial intelligence models with copyrighted material will address fair use, Shira Perlmutter, the office's director, told a U.S. Senate oversight panel Wednesday.

  • November 13, 2024

    Fed. Circ. Won't Send Microchip Patent Suit To NY

    The Federal Circuit on Wednesday denied a bid from a Chicago tech manufacturer to transfer a Texas case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit, saying the manufacturer didn't show that the lower court erred in refusing to ship the case to New York.

  • November 13, 2024

    Gibson Dunn 'Titan,' Ex-Solicitor General Theodore Olson Dies

    Theodore B. Olson, the founder of Gibson Dunn & Crutcher LLP's appellate and constitutional law practice group and a former U.S. solicitor general, died Wednesday, the law firm announced.

  • November 12, 2024

    Oakland Airport Must Stop Using 'San Francisco Bay' In Name

    The Port of Oakland must stop using "San Francisco Bay" in its international airport's new name, a federal magistrate judge in California ruled Tuesday, saying in a trademark infringement suit that travelers might be confused into thinking the Oakland airport is affiliated or associated with San Francisco International Airport.

  • November 12, 2024

    Trump Taps Elon Musk To Head New 'Gov't Efficiency' Dept.

    President-elect Donald Trump announced Tuesday that billionaire Elon Musk and former presidential candidate Vivek Ramaswamy will lead a newly created "Department in Government Efficiency" for his administration come January.

  • November 12, 2024

    Future of Anti-Deepfake Federal Law Is Murky, Panel Says

    Panelists at a Los Angeles intellectual property conference that included attorneys and representatives of the U.S. Patent and Trademark Office, the U.S. Copyright Office and Microsoft agreed Tuesday that any federal legislation on deepfake technology must strike the difficult balance of punishing bad actors without stifling innovation.

  • November 12, 2024

    Masimo Can't Tie Alleged IP Theft To Apple Profits, Expert Says

    An Apple expert witness defended the company Tuesday in a California federal bench trial over Masimo's claim that the tech giant stole pulse oximetry trade secrets for its popular smartwatch, testifying Masimo cannot tie any value to the purported secrets and that Apple's profits can't be attributed to the watch's blood oxygen features.

Expert Analysis

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

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    Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

  • A Look At The Economic Impact Of Drug Patent Differentiation

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    Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.

  • Google And The Next Frontier Of Divestiture Antitrust Remedy

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    The possibility of a large-scale divestiture in the Google search case comes on the heels of recent requests of business breakups as remedies for anticompetitive conduct, and companies should prepare for the likelihood that courts may impose divestiture remedies in the event of a liability finding, say Lauren Weinstein and Nathaniel Rubin at MoloLamken.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Defamation Law Changes May Be Brewing At Supreme Court

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    The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.

  • Exploring Practical Employer Alternatives To Noncompetes

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    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Breaking Down Director Review Timing At The PTAB

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    Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Patent Lessons From 4 Federal Circuit Reversals In July

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    The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Video Game Release Highlights TM Pitfalls Of App Store

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    The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Patent Owner Estoppel Questions In The Wake Of SoftView

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    The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.

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