Intellectual Property

  • February 22, 2024

    Mastercard Faces Monopolization Claims Over Digital Tokens

    Mastercard has been stonewalling digital wallet startup OV Loop, refusing to provide needed tokens and thereby excluding OV Loop from the mobile payment services market, all part of Mastercard's effort to maintain its chokehold on payment processing and continue to charge supracompetitive fees on transactions, according to a suit filed Wednesday.

  • February 22, 2024

    Great Scott! NBCUniversal Can't Beat DeLorean TM Claim

    NBCUniversal Media cannot escape a trademark infringement claim in a dispute over royalty payments for its use of the iconic DeLorean DMC-12 sports car on "Back to the Future" merchandise, a California federal judge ruled Thursday.

  • February 22, 2024

    Carnegie Must Pay Fees For 'Unreasonable' Diamond IP Suit

    A New York federal judge ruled Wednesday that Carnegie Institute of Washington and its bankrupt former patent licensee M7D Corp. are jointly and severally liable for paying Fenix Diamond LLC's attorney fees and nontaxable expenses for pursuing their "objectively unreasonable" infringement suit for years.

  • February 22, 2024

    New PTAB Panel Revives DraftKings Patent Challenge

    The Patent Trial and Appeal Board's new Delegated Rehearing Panel has found that a petition by DraftKings challenging a patent owned by rival Colossus Bets was wrongly denied, because the original panel misinterpreted a term in the patent.

  • February 22, 2024

    Bong Co. Can't Win Against Shop That Didn't Appear In Court

    The maker of Stündenglass-branded glass infusers shouldn't get a win over a retailer that didn't bother to put up a defense against the manufacturer's trademark infringement suit, a federal court recommended, noting that this is at least the fourth time the company's claims against California smoke shop owners has missed the mark when seeking a default judgment.

  • February 22, 2024

    Trump Atty Sanctioned For Filing IP Suit On Gut Feelings

    A Florida federal judge has sanctioned an attorney who said he could "just know" if a product infringed his client's patents, rather than conducting a factual investigation — a move that the attorney claimed was backlash for representing former President Donald Trump elsewhere.

  • February 22, 2024

    Pool Co. Used Rival's TM To Confuse Customers, NC Jury Told

    A swimming pool equipment manufacturer is using a competitor's trademarks to try to pass off its replacement parts on Amazon as being endorsed by its rival, a North Carolina federal jury heard Thursday during opening statements of a trial in Charlotte.

  • February 22, 2024

    IP Forecast: Samsung Eyes Ex-Attys' Litigation Funder Chats

    Samsung plans to ask a Texas court to force a patent litigation business to disclose communications with litigation funders ahead of a trial next month over whether the tech giant's former in-house counsel stole trade secrets. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 22, 2024

    OpenSky Tells Vidal VLSI Fees Relied On 'Fabricated' Exhibit

    OpenSky Industries LLC has asked the U.S. Patent and Trademark Office director to reconsider making it pay $413,000 in attorney fees to VLSI Technology, arguing in a newly unsealed filing that she failed to justify the award and allowed records "fabricated" by VLSI. 

  • February 22, 2024

    Study Aid Biz Chegg Tries To Sink 'Cheating' Suit In Del.

    Attorneys for online book and study aid giant Chegg Inc. told a Delaware vice chancellor on Thursday that stockholders have failed to assemble defensible claims in a suit accusing the company of operating as a cheating service for students, saying they are trying to circumvent a stay for litigation in California federal court.

  • February 22, 2024

    Vidal Gives New Life To Roof Estimator IP Fight

    The head of the U.S. Patent and Trademark Office has thrown out a Patent Trial and Appeal Board decision that found that none of the challenged claims in an EagleView Technologies Inc. patent for aerial roof estimation were invalid.

  • February 22, 2024

    Coldwell Banker Wins Trade Secrets Fight On Directed Verdict

    A California state judge issued a directed verdict for Coldwell Banker's Orange County division in a case where a rival real estate company accused it of poaching employees and stealing trade secrets.

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    Gilead Reaches Deal In Suit Over Counterfeit HIV Drug

    Gilead Sciences Inc. has agreed to a deal to end a suit in New York federal court against Safe Chain Solutions LLC over allegedly counterfeit versions of Gilead HIV medications, with Safe Chain being barred from buying certain Gilead products.

  • February 22, 2024

    Fed. Circ. Backs Philips' PTAB Win Over Intel In Digital Video Row

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision not to invalidate a Koninklijke Philips digital video patent that was challenged by Intel.

  • February 22, 2024

    Paramount Faces Wolfman's 'Top Gun: Maverick' IP Dogfight

    The actor who played Henry "Wolfman" Ruth in the original "Top Gun" claims Paramount Pictures used his image in key scenes of the recent sequel "Top Gun: Maverick" without his permission and compensation, according to a lawsuit filed Wednesday in California federal court.

  • February 22, 2024

    Invisalign Maker Beats Refusal-To-Deal Claims In 3Shape Row

    The makers of Invisalign beat an antitrust class action from orthodontists and aligner buyers Wednesday after a California federal judge ruled that the company's decision to terminate its interoperability agreement with a dental scanner company was at least partly made for "legitimate business reasons."

  • February 22, 2024

    3rd Circ. Won't Protect AbbVie's Atty-Client Communications

    The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.

  • February 22, 2024

    Apple Gets PTAB Wins On 2 Masimo Blood Oxygen Patents

    The Patent Trial and Appeal Board has found that Apple has shown that most claims it challenged of two Masimo Corp. blood oxygen monitor patents are invalid, in the latest rulings in the wide-ranging patent dispute between the companies over the Apple Watch.

  • February 22, 2024

    $48M TM Award Over 'Dewberry' Name Appealed To Justices

    A provider of real estate development services has asked the U.S. Supreme Court to review a $48 million trademark infringement award upheld by the Fourth Circuit, arguing that it violates federal law by jointly putting its corporate affiliates on the hook for the amount.

  • February 22, 2024

    DraftKings Says Ex-Exec's $310K Attys Fees Bid Is Excessive

    DraftKings has told a California federal court that the "whopping" $310,000 in attorney fees requested by a former executive after the company shuffled the case back and forth between state and federal court is an unreasonable fee no "reasonable client" would pay.

  • February 22, 2024

    Longtime Nixon Peabody Fashion Partner Joins DLA Piper

    DLA Piper has hired a longtime Nixon Peabody LLP fashion law partner who focuses her practice on intellectual property issues related to apparel and other industries, joining the firm's trademark, copyright and media practice, DLA Piper announced Wednesday.

  • February 22, 2024

    Ex-BigLaw Atty Refiles Defamation Case Against Influencer

    The $150 million defamation battle between former Greenberg Traurig LLP attorney Allan Kassenoff and the social media influencer he accuses of lying about his nightmarish divorce has entered a new phase as Kassenoff has filed a slimmed-down complaint after the previous one was dismissed for being "far longer than it needs to be."

  • February 21, 2024

    Fed. Circ. Told Sonos Ruling Treads On Patent Owners' Rights

    A consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year from U.S. District Judge William Alsup that threw out a patent lawsuit from speaker maker Sonos for being too "sad," "ancient" and "wrong" to hold up in his court.

  • February 21, 2024

    Mother Defeats Daughter's 'Que Sera, Sera' Royalties Suit

    A federal judge in Tennessee told the granddaughter of one of the Oscar-winning songwriters behind "Que Sera, Sera" on Wednesday that she should have simply said whatever will be, will be in a feud with her mother over splitting royalties that were already decided by a probate court over two decades ago.

Expert Analysis

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Opinion

    9th Circ. Should Overturn The Miles Davis Tattoo Ruling

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    A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.

  • Generative AI Raises IP, Data Protection And Contracts Issues

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    As the EU's recent agreement on the Artificial Intelligence Act has fueled businesses' interest in adopting generative AI tools, it is crucial to understand how these tools utilize material to generate output and what questions to ask in relation to intellectual property, data privacy and contracts, say lawyers at Deloitte Legal.

  • Exporters Should Approach Self-Disclosure With Caution

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    A January Bureau of Industry and Security memorandum created an abbreviated process for disclosing export control violations that lack aggravating factors, but deciding which disclosure method to utilize remains a complex strategic undertaking to which companies must give careful consideration, say attorneys at Covington.

  • Is Compulsory Copyright Licensing Needed For AI Tech?

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    The U.S. Copyright Office's inquiry into whether Congress should establish a compulsory licensing regime for artificial intelligence technologies that are trained on copyrighted works has received relatively little attention — but commenters recently opposed the regime under three key themes, say Michael Kientzle and Ryan White at Arnold & Porter.

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

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