Intellectual Property

  • June 12, 2024

    Colo. Tech Co. Says Startup Founder Can't Shield Sale Docs

    A Colorado technology company is arguing that the founder of a startup it acquired shouldn't be allowed to withhold nearly half of the documents it is seeking by asserting privilege in his $15 million fraud suit, as he claimed to rely on his law firm's advice when he approved the deal.

  • June 12, 2024

    Gaming Co. Derides DraftKings' $2.3M Fee Bid In Patent Suit

    The fallout from a testy patent dispute over DraftKings' geolocation technology intensified this week as Interactive Games pushed back against the online gambling giant's request for $2.3 million in legal fees in Delaware federal court.

  • June 12, 2024

    Nike 'Footware' TM Too Descriptive To Defeat Puma Challenge

    Nike cannot resurrect its trademark for the phrase "footware," a European Union court ruled on Wednesday, siding with rival Puma that the word was too descriptive to warrant intellectual property protections.

  • June 12, 2024

    Pool Co. Hits Ch. 11 After 'Crippling' $16M False Ads Verdict

    The American arm of a Chinese swimming pool products manufacturer has declared bankruptcy after it was slapped with a $16 million false advertising and unfair business practices judgment in North Carolina that the company previously warned would put it out of business.

  • June 11, 2024

    Martin Shkreli Told To Hand Over Wu-Tang Album

    A New York federal judge ordered Martin Shkreli on Tuesday to hand over any copies he might have of the Wu-Tang Clan's album he once bought before it was sold off by the federal government to settle a $7.3 million tab from Shkreli's criminal judgment on securities fraud.

  • June 11, 2024

    Calif. Judge Won't Let Apple Escape Tech Patent Case

    A California federal judge has found Apple can't dodge a patent suit, allowing claims to move forward that the tech giant's "back tap" feature infringes a patent owned by technology company Haptic Inc.

  • June 11, 2024

    Quinn Emanuel Swapped Sides For X Suit, Data Co. Says

    Israeli data collector Bright Data Ltd. asked a California federal judge on Tuesday to disqualify law firm Quinn Emanuel Urquhart & Sullivan LLP from representing social media company X Corp., which is suing Bright Data over its data-scraping practices, accusing the firm, which was once contracted by the data company for advice in a similar matter, of switching sides.

  • June 11, 2024

    Fed. Circ. Reinstates Parts Of Blood Analyzer Secrets Verdict

    The Federal Circuit decided Tuesday that a Rhode Island jury was right to find that an Italian company's blood analyzer computer code was stolen by a U.S. rival, but another jury will have to determine any damages.

  • June 11, 2024

    AI No Scarier Than Nail Guns Or Microscopes, Kappos Says

    Former U.S. Patent and Trademark Office Director David Kappos cautioned attorneys Tuesday to "keep ourselves grounded" about the use of artificial intelligence in intellectual property, saying it's just a tool like a microscope or nail gun, rather than something justifying "panic."

  • June 11, 2024

    6th Circ. Judge Wary Of Party Dissenters' 'Right' To Use Logo

    A Sixth Circuit judge seemed skeptical on Tuesday that limiting a dissenting faction of the Libertarian Party of Michigan's use of the name and logo of the Libertarian National Committee infringes the group's speech rights, saying members can still voice their opinions.

  • June 11, 2024

    NCAA Hit With NIL Suit By '83 Wolfpack Players

    Members of North Carolina State University's 1983 championship basketball team have accused the National Collegiate Athletic Association of exploiting their names, images and likenesses for profit.

  • June 11, 2024

    Adeia, X Reach Deal In IP Dispute

    A California federal judge has agreed to stay a case where X, formerly known as Twitter, filed a declaratory judgment action against Adeia, while the parties work through a settlement.

  • June 11, 2024

    Ex-DraftKings Exec Seeks Fast Trial To Test Noncompete Law

    A former DraftKings executive wants a snap trial to unwind a noncompete blocking him from work at sports-betting rival Fanatics, calling the fiercely litigated, bicoastal dispute a "test case" for California's recent law reinforcing a ban on restrictive covenants.

  • June 11, 2024

    ArentFox Adds 17-Person Team From Burns & Levinson

    A few months after adding a four-partner automotive team from Burns & Levinson LLP, ArentFox Schiff LLP on Tuesday announced the addition of 17 more attorneys and professionals from the firm with experience ranging from intellectual property matters to business litigation.

  • June 11, 2024

    Cigar Co. Can Keep Using Contested 'Dragon' Name For Now

    A tobacco company facing a rival's copyright infringement lawsuit over its "Year of the Dragon" cigar boxes can keep using the phrase on products, a Florida federal judge ruled, declining to say the plaintiff is the true owner of the phrase because the company hasn't secured the trademark just yet.

  • June 11, 2024

    Paramount Asks Court To Send 'Top Gun' IP Suit Packing

    Paramount Pictures has asked a California federal court to dismiss a right of publicity complaint from the actor who played Henry "Wolfman" Ruth in the original "Top Gun" movie, saying his claim over a photo of his character included in the film's sequel without his permission falls squarely under the so-called Rogers test, a free speech doctrine that protects expressive works.

  • June 11, 2024

    10 Firms Seek $13M Fee For Effexor Antitrust Deal

    Ten law firms asked a New Jersey federal judge on Monday to award $13 million in counsel fees and an additional $2.1 million in costs for representing direct buyers in a $39 million settlement with Pfizer Inc. unit Wyeth over an alleged scheme to delay generic competition for the antidepressant drug Effexor XR.

  • June 11, 2024

    Longtime Orrick IP Partner Jumps To White & Case In DC

    An Orrick Herrington & Sutcliffe LLP partner, who spent over 14 years with the firm litigating a range of patent and other matters, has joined White & Case LLP to continue working on intellectual property appellate issues, the firm announced Tuesday.

  • June 11, 2024

    After Circling Globe, IP Litigator Returns To Fish & Richardson

    Fish & Richardson PC has strengthened its intellectual property litigation group in Houston with a familiar face who left the firm over a year ago to trot the globe with his wife.

  • June 11, 2024

    Immigration Firm Says Rival Poached Workers And Stole TM

    A Washington immigration law firm specializing in visas for domestic violence and sex trafficking victims is accusing a competing Texas firm of poaching its employees and stealing a Spanish phrase it registered a trademark for — "Arreglar sin salir!" — which translates to "fix without leaving."

  • June 10, 2024

    Microsoft Wants $242M IP Verdict Axed Or Cut To $1.9M

    Microsoft has urged a Delaware federal judge to toss a $242 million jury verdict that found Microsoft's virtual assistant Cortana infringed a patent originally issued to a company that developed Apple's Siri software, arguing infringement wasn't proven and the "grossly inflated" award should at least be cut to $1.95 million.

  • June 10, 2024

    5 Teva Inhaler Patents Kicked Out Of Orange Book

    A New Jersey federal judge said Monday that a handful of patents covering Teva-brand asthma inhalers were "improperly listed in the Orange Book," a legal holding that U.S. Federal Trade Commission Chair Lina Khan quickly took some credit for.

  • June 10, 2024

    Biz Defends $525M Data Storage Patent Win Against Amazon

    Efforts by Amazon to dislodge a $525 million jury verdict are too late and amount to sour grapes, a small Chicago software company that won the amount has told an Illinois federal court.

  • June 10, 2024

    USPTO Makes Filing Delist Requests Slightly Easier

    The U.S. Patent and Trademark Office will begin to make it easier for anybody to ask the agency to delist "precedential" administrative board rulings, it announced by email on Monday.

  • June 10, 2024

    Software Alliance Urges Congress To Tackle Deepfakes

    The Software Alliance, a trade group that includes Microsoft Corp., Adobe Inc. and IBM, urged Congress Monday to pass legislation that addresses the proliferation of digital replicas made possible with artificial intelligence, telling lawmakers that unauthorized deepfakes harm artists who rely on their reputation and public recognition.

Expert Analysis

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Momofuku Chili War May Chill Common Phrase TM Apps

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    Momofuku’s recent trademark battle over the “Chili Crunch” mark shows that over-enforcement when protecting exclusivity rights may backfire not just in the public eye, but with the U.S. Patent and Trademark Office as well, says Anthony Panebianco at Davis Malm.

  • Trademark In Artistic Works 1 Year After Jack Daniel's

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    In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.

  • NCAA Settlement May End The NIL Model As We Know It

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    The recent House v. NCAA settlement in California federal court, in which the NCAA agreed to allow schools to directly pay March Madness television revenue to their athletes, may send outside name, image and likeness collectives in-house, says Mike Ingersoll at Womble Bond.

  • Legal Battles Show Brands' Dilemma In Luxury Resale Trend

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    Recent litigation, such as Chanel's pending case against The RealReal, underscores the intricate balance luxury brands must strike between protecting their trademarks and embracing the burgeoning secondhand market that values sustainability, says Prachi Ajmera at Michelman & Robinson.

  • AI-Generated Soundalikes Pose Right Of Publicity Issues

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    Artificial intelligence voice generators have recently proliferated, allowing users to create new voices or manipulate existing vocals with no audio engineering expertise, and although soundalikes may be permissible in certain cases, they likely violate the right of publicity of the person who is being mimicked, says Matthew Savare at Lowenstein Sandler.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Beware Of Trademark Scammers Leveraging USPTO Data

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    Amid a recent uptick in fraudulent communications directed at trademark applicants, registrants must understand how to protect themselves and their brand from fraudulent schemes and solicitation, say Michael Kelber and Alexandra Maloney at Neal Gerber.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 10 Tips To Build Trust With Your Witness During Trial Prep

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    Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • PTAB Rulings Shed Light On Quantum Computing Patents

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    Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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