Intellectual Property

  • January 22, 2025

    Shyamalan Denies Theft From Indie Film: 'I Didn't See It'

    Filmmaker M. Night Shyamalan, who found success in Hollywood with his breakout movie "The Sixth Sense" about a child who sees dead people, testified Wednesday in a California federal trial that he never saw a film he's accused of stealing from for his Apple+ show "Servant" before it was produced.

  • January 22, 2025

    Drug Co. Wants To Keep Judge On Alopecia IP Case

    The developer behind an Eli Lilly & Co. alopecia drug has called allegations the company's lawyers deliberately hired a New Jersey federal judge's former law clerk both "low and baseless" and a "transparent attempt to remove the judge who decided against it."

  • January 22, 2025

    Intel Says Ax Of VLSI Patent Should Stand Amid OpenSky Row

    Intel Corp. has urged the Federal Circuit to affirm the invalidation of a VLSI chip patent it challenged alongside OpenSky Industries, saying the director of the U.S. Patent and Trademark Office correctly let Intel join the case after finding that OpenSky engaged in misconduct.

  • January 22, 2025

    11th Circ. Floats Jurisdiction Query In 'Summer Waves' TM Suit

    The autonomous local government that runs a state park on Jekyll Island, Georgia, urged the Eleventh Circuit on Wednesday to overturn a Georgia federal court's finding that it couldn't sue an inflatable-pool maker over its purported use of the phrase "summer waves."

  • January 22, 2025

    Fed. Circ. Stays Order Delisting Teva Inhaler Patents

    Federal Circuit judges have agreed to hold off on immediately delisting patents that cover components of a Teva asthma inhaler from the U.S. Food and Drug Administration's Orange Book after the Israeli drugmaker said doing so would have "seismic" legal consequences and should be reviewed by the full court.

  • January 22, 2025

    Google Presses For Dismissal Of Artists' AI Copyright Lawsuit

    Google has asked a California federal judge to throw out a consolidated proposed class action brought by visual artists and authors claiming the tech company infringed their copyrights to train artificial intelligence models, arguing that the complaint doesn't specifically identify the copyrighted works that have allegedly been infringed.

  • January 22, 2025

    Vanda Loses Takings Clause Arguments In Trade Secret Fight

    A Court of Federal Claims judge has held that specifications on how fast Vanda Pharmaceuticals' drugs dissolve do not count as property interest under the Fifth Amendment, handing a loss to the pharmaceutical company in its trade secrets case against the federal government.

  • January 22, 2025

    Toy Co. Not Covered In Unpaid Judgment Suit, Judge Says

    A Berkshire Hathaway insurer has no duty to defend a toy company accused of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, a Minnesota federal court ruled, finding that abuse of process claims are not covered under the policy.

  • January 22, 2025

    Campbell's Soup Store Racks Infringe Patents, Judge Says

    An Illinois federal judge found Wednesday that Campbell and grocery chains Kroger and Meijer directly infringed patents covering gravity-operated racks found in grocery aisles, but shot down the patent owner's bid for a win on the soup company's argument that the patents are invalid.

  • January 22, 2025

    Colo. Judge 'Dumbfounded' Oil Co. Hasn't Disclosed Deal

    A Colorado state judge on Wednesday said she was "totally dumbfounded" by an oil and gas exploration company's failure to disclose a deal that it appeared to have entered into while telling the court that it had no deals, in a suit brought by an Anschutz oil subsidiary alleging theft of trade secrets.

  • January 22, 2025

    Fed. Circ. Backs Ravgen's Genetic Testing Patent

    The Federal Circuit has refused to undo the Patent Trial and Appeal Board's rejection of biotechnology company Streck's challenge to numerous claims in a Ravgen genetic testing patent, which is tied to a $372 million judgment Ravgen won in a separate case against Labcorp.

  • January 22, 2025

    Limp Bizkit's Key Claims In UMG Royalty Suit Tossed

    A California federal judge has dismissed core claims in Limp Bizkit's fight with Universal Music Group Inc., ruling that the band and its front man, Fred Durst, failed to demonstrate that UMG's alleged failure to pay royalties justified rescinding their decades-old contracts.

  • January 22, 2025

    Vanderbilt QB, NCAA Want Eligibility Suit Paused Amid Appeal

    Vanderbilt University star quarterback Diego Pavia and the NCAA have asked to pause Pavia's lawsuit that challenges NCAA eligibility rules, pending the organization's appeal to the Sixth Circuit of a recent decision granting him an additional year of eligibility.

  • January 22, 2025

    Intellectual Property Group Of The Year: Irell

    Irell & Manella LLP won a $445 million infringement verdict for Netlist in Texas, less than a week after persuading a California federal jury that Samsung breached a contract with Netlist, earning the firm a place among the 2024 Law360 Intellectual Property Groups of the Year.

  • January 21, 2025

    Walmart Settles IP Suits Over Ugg, Hoka, Teva Footwear

    Walmart Inc. is settling a couple of trade dress and patent infringement lawsuits Deckers Outdoor Corp. lodged that accused the retail giant of ripping off several UGG, Hoka and Teva boot and slipper designs, according to notices the companies filed Friday in California federal court.

  • January 21, 2025

    Microsoft Copyright Discovery Fight Ends With Mixed Ruling

    A Washington federal judge partly sided with Microsoft on Tuesday in a case accusing a Canadian firm and its overseas director of peddling stolen software product keys to unsuspecting customers online, eliminating one of the defendants' key defenses while rejecting the tech giant's bid for discovery sanctions.

  • January 21, 2025

    Apple+ Show Took Key Elements From Film, USC Prof. Says

    A University of Southern California professor told a California federal jury Tuesday that the Apple+ show "Servant" borrowed at least 10 original elements from an independent film, and likened the theft to someone stealing from Lin-Manuel Miranda's hit play about Alexander Hamilton by claiming the historical figure is fair game.

  • January 21, 2025

    High Court Urged To Review Copyright 'Discovery Rule' Fight

    A shoe designer wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying the justices need to examine a judicial doctrine holding that copyright claims accrue when an alleged infringement is discovered.

  • January 21, 2025

    Firm Tells Fed. Circ. It Was Wrongly Sanctioned In Patent Row

    Moarbes LLP has urged the Federal Circuit to overturn over $23,000 in sanctions against it for not complying with discovery orders in a door manufacturing patent suit, saying the ruling wrongly relied on a letter from the firm's client criticizing its work.

  • January 21, 2025

    Jury Finds No Infringement In $2B IP Case Against Samsung

    Wireless communication patent owner Headwater Research could not convince a Texas federal jury that Samsung infringed one of its patents in a suit claiming the South Korea-based company should have to pay $1.95 billion.

  • January 21, 2025

    Fed. Circ. Refuses To Restore Solar Cell Patent Claims

    An Indian industrial conglomerate failed on Tuesday to persuade Federal Circuit judges to breathe new life into a patent covering a way of assembling solar cells that it had asserted in Delaware federal court against a Korean rival.

  • January 21, 2025

    Artists Can't Broaden Meta IP Discovery As Deadline Looms

    A California federal magistrate judge on Tuesday refused a request by a proposed class of artists to broaden discovery in high-stakes litigation alleging Meta Platforms Inc. has fostered rampant infringement of copyright-protected ads on its social media platforms, telling counsel during a hearing that their request is too close to the discovery deadline.

  • January 21, 2025

    AI Auto Damage-Assessing Giant Settles Monopoly Claims

    Tractable Inc. and CCC Intelligent Solutions have reached a deal to end their trade secrets and antitrust dispute, after Tractable accused CCC of leveraging its dominant share of the auto collision-assessment market to stifle consumer choice and increase prices.

  • January 21, 2025

    NFL, Jets Settle With Man Claiming He Created Team Logo

    The New York Jets and the National Football League on Tuesday settled a federal copyright infringement suit brought by a former Jets employee over a logo he said he designed decades ago but was used without his permission or compensation.

  • January 21, 2025

    Stoel Rives Adds Tech, IP Partner From Stubbs Alderton

    Stoel Rives LLP has brought on the former chair of Stubbs Alderton & Markiles LLP's trademark and brand protection practice and its privacy and data security practice as a partner in Sacramento, California.

Expert Analysis

  • The EU Design System Changes US Cos. Need To Know About

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    With a number of major reforms to the European Union's design protection system set to take effect in the first half of 2025, U.S. companies need to stay informed about specific details to maintain effective intellectual property management in the EU market, say lawyers at Finnegan.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • When 'Patented' Goes Beyond Inventorship In False Ad Cases

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    The Federal Circuit's recent false advertising holding in Crocs v. Effervescent is significant because it offers a nuanced yet realistic understanding of what false claims about a product's status as "patented" can mean, say attorneys at McDermott.

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

  • Opinion

    PREVAIL Bill Is Another Misguided Attempt To Restrict PTAB

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    The decade-long campaign against the U.S. Patent and Trademark Office's Patent Trial and Appeal Board — currently focused on the PREVAIL Act that's slated for markup in the Senate — is not really about procedural issues, and it is not aimed at securing more accurate patentability decisions, says Clear IP's Joseph Matal, former acting director at the USPTO.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Fleetwood Facts: Art Imitating Life, Or Infringing Copyright?

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    A new lawsuit in New York federal court over Broadway's "Stereophonic" play tests copyright's limits, as copyright law poses significant hurdles when it comes to real-life stories, and the line between fact and fiction isn't always clear-cut, says Aaron Moss at Greenberg Glusker.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    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.

  • Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope

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    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.

  • Consider The Impact Of Election Stress On Potential Jurors

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    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.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    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.

  • 3 Steps For Companies To Combat Task Scams

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    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.

  • False Patent Marking Claims Find New Home In Lanham Act

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    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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