Intellectual Property

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What Attys Expect From USPTO Guidance On AI And Patents

Guidance on artificial intelligence's implications for patent law, which the White House has directed the U.S. Patent and Trademark Office to produce, could illuminate important issues, according to attorneys, but the tight timeline and evolving technology might limit what the office can say.
November 28, 2023
EDTX Jury Clears Samsung Of Infringing Mobile Tech IP

Handing a win to Samsung, a jury in the Eastern District of Texas has found the technology company did not infringe Evolved Wireless's mobile device technology patent.
November 28, 2023
Drugmakers Argue Double Patenting Ruling Defies Congress

AbbVie, Merck, Johnson & Johnson, AstraZeneca, Novartis and other big-name pharmaceutical companies are urging the full Federal Circuit to reconsider a patent invalidation that they say placed a judicially made rule above law set by Congress.
November 28, 2023
Corteva Plant Patent Is Duplicative, Ag Tech Co. Says

A company that specializes in plant breeding technology on Tuesday asked the U.S. Patent and Trademark Office for an ex parte reexamination of chemical and seed company Corteva Agriscience's patent on insect-resistant plants on the basis of obviousness over another Corteva patent.
November 28, 2023
Show Jurors The Copyright Notice, Judge Says In Disney Row

The Walt Disney Co. failed on Tuesday to persuade a California federal judge to stop former Microsoft executive Steve Perlman's digital effects company from potentially showing jurors next week what a team of lawyers from the Mouse House calls a "highly misleading" copyright notice.
November 28, 2023
Foley & Lardner Patent Atty Moves To Foley Hoag

A Foley & Lardner LLP lawyer has joined Foley Hoag LLP, rounding out a team of attorneys in the intellectual property field at the firm, according to an announcement Monday.
November 28, 2023
Daiichi Awarded $46M Fees In Cancer Drug Patent Arbitration

Japanese drugmaker Daiichi Sankyo Ltd. has scored nearly $46 million in fees and costs in an arbitration initiated by rival Seagen in the companies' patent dispute over cancer drug technology after the arbitrator found that the U.S. biotech company did not file its infringement claims within the six-year statute of limitations.
November 28, 2023
No Difference In Fed. Circ. Wins Based On Atty Gender, Race

While patent attorneys arguing before the Federal Circuit have been mostly white and male, a new study shows that the race or gender of a lawyer at the appeals court doesn't have an effect on the outcome of cases.
November 28, 2023
Carter Carburetor Hiked Prices, Walbro Blamed, Court Hears

First Brands Group upped prices and canceled orders as soon as its subsidiary Carter Carburetor closed the deal for Walbro LLC's engine management division, then left executives at Walbro to mollify irate customers without letting them reveal who bought the company, the executives told Delaware's Court of Chancery on Tuesday.
November 28, 2023
Rival Mich. Libertarian Parties Take TM Fight To 6th Circ.

A faction arguing it is the official Libertarian Party of Michigan, rather than another that's endorsed by the Libertarian National Committee, has urged the Sixth Circuit to draw a sharp line excluding political activities from the reach of trademark infringement law, saying a ban on using the national organization's name and logo must be lifted.
November 28, 2023
Proud Boys Attys Pulled Back Into Jury Research Co.'s IP Suit

Several attorneys defending Proud Boys members must face a new claim in a jury research firm's copyright suit alleging they wrongly used its reports to bolster clients' Jan. 6 insurrection criminal defenses, a D.C. federal judge has ruled roughly two months after excusing all but the one attorney who commissioned a report.
November 28, 2023
Crocs Muddling IP Fight, Rival Shoemaker Says

An attorney for Joybees LLC urged a Colorado federal magistrate judge Tuesday to pause discovery in an intellectual property lawsuit brought by rival shoemaker Crocs, contending that Crocs has created a "procedural morass" by filing the lawsuit rather than bringing the claims in an existing litigation battle.
November 28, 2023
Sanctioned Wholesaler Wants Abbott Labs Out Of Her Trust

A medical wholesaler executive's wife is trying to stop Abbott Laboratories from reaching into her trust in order to satisfy a $33 million judgment against the pair that came after they were found to have engaged in discovery fraud.
November 28, 2023
USPTO To Unveil New TM Search System This Week

The U.S. Patent and Trademark Office is replacing its decades-old search system for trademarks on Thursday, part of a larger effort to modernize its information technology tools.
November 28, 2023
Chinese Biz Escapes Herbal Tea TM Dispute

A New York federal judge has ruled that a Chinese holding company will not have to face a trademark infringement suit over a rival's herbal tea beverage label, finding the company was not responsible for its U.S. licensees' business dealings.
November 28, 2023
USPTO Wants Antibody Patent Case Sent Back For Review

The U.S. Patent and Trademark Office says the Federal Circuit should terminate Xencor Inc.'s appeal of a Patent Trial and Appeal Board decision that backed an examiner's denial of an application for a patent on antibodies that can be used in autoimmune disease treatments.
November 28, 2023
Car Tech Biz Wants TM Verdict Against Ford Upped To $15M

A California vehicle technology company that won a trademark and trade secrets verdict against Ford Motor Co. asked a Michigan federal judge on Tuesday to boost the award from less than half a million dollars to $15 million, arguing the verdict didn't account for all profits from the infringing activity.
November 28, 2023
IP Atty Rejoins Fox Rothschild After Sleep Number Gig

An intellectual property partner has rejoined Fox Rothschild LLP's Minneapolis office after leaving earlier this year to work at bed manufacturer Sleep Number Corp.
November 28, 2023
Law Firm Leaders Cautiously Optimistic Heading Into 2024

Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.
November 28, 2023
The 2023 Law360 Pulse Leaderboard

Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.
November 27, 2023
Gaming Patent Trial Paused Amid Criminal Probe Of Bot Fraud

A California federal judge has pushed mobile game-maker Skillz's December patent infringement trial against rival AviaGames to February after Skillz alleged AviaGames used bots to "cheat the public," which sparked a criminal grand jury investigation.
November 27, 2023
Self-Driving Tech Co. Investors Sue Over Misused Image Claim

Executives and directors of self-driving car company Luminar Technologies Inc. face a shareholder derivative complaint alleging they damaged investors after a competitor accused the company of using an image of its proprietary technology in a pitch to investors.
November 27, 2023
Judge In Del. Asks DOJ To Look Into IP Edge Patent Litigation

The top federal judge in Delaware concluded Monday that the Texas attorneys behind prolific patent litigation funding outfit IP Edge might have broken the law — and their ethical obligations as lawyers — by litigating ferociously for settlements from tech companies while operating behind a shadowy network of "relatively unsophisticated individuals."
November 27, 2023
MGA Unlikely To Get Quick Appeal Of 3rd Doll IP Trial Order

A California federal judge overseeing rapper T.I.'s $100 million intellectual property dispute against MGA Entertainment appeared ready at a Monday hearing to stick with his tentative decision to deny the toy giant's request to pause the proceedings and certify for interlocutory appeal his ruling that ordered a third trial in the case.
November 27, 2023
Amicus Groups Tell High Court To End Chevron Deference

Six groups, including the Ohio Chamber of Commerce and several former state supreme court judges, filed friend-of-the-court briefs on Monday urging the U.S. Supreme Court to overturn a decades-old legal doctrine stating that courts must defer to federal agencies' interpretation of ambiguous laws.
November 27, 2023
PTAB Denies Review Of Univ. Of Texas System Cancer Patent

The Patent Trial and Appeal Board has denied a petition by biotechnology company Microbiotica seeking post-grant review of a cancer treatment patent held by the University of Texas System.

Editor's Picks

Justices Clamp Down On Broad Patents In Amgen Decision

The U.S. Supreme Court sent a clear message Thursday that broad patents covering anything that can perform a certain function are not allowed, meaning patent applications must be tailored more narrowly to what has been discovered, particularly in the biotechnology field, attorneys say.
High Court's Warhol Ruling Poses New Concerns For Artists

The U.S. Supreme Court may have issued a narrow ruling to reject a fair use defense by the Andy Warhol Foundation over the artist's portrait of music icon Prince, but the decision may nonetheless make it trickier for artists who want to claim fair use, especially based on their artistic changes in earlier works, experts say.
After Rules Shake-Up, Albright Remains The Top Patent Judge

U.S. District Judge Alan Albright of the Western District of Texas still got more patent cases in 2022 than any other judge and the district itself remained the nation's busiest patent venue even after it began randomly distributing patent cases, although the full effects of that change may not yet have been felt.

Expert Analysis

New Legal Frameworks Are Instrumental For AI In Music

As artificial intelligence encroaches — or complements — the deeply human art of music making, creating harmony between law and technology will require all stakeholders in the music industry to provide input on intellectual property and ethical concerns, say Ariela Benchlouch and Gai Sher at Greenspoon Marder.
IP Suits Over Brand Owner Font Use Offer Cautionary Tales

Dyan Finguerra-DuCharme and Mallory Chandler at Pryor Cashman consider the history of fonts and point to recent court decisions that show how brand owners can avoid legal typeface troubles.
Copyright Ruling A Victory For Innovation In Publishing Sector

The D.C. Circuit’s recent ruling in Valancourt v. Garland shows that demanding book copies without paying for them is arguably property theft, proving that the practice stifles innovation in the publishing industry by disincentivizing small printing companies from entering the market due to a fear of high costs and outdated government regulations, says Zvi Rosen at Southern Illinois University School of Law.
3 Rulings Illustrate Infringement Hurdles For Hip-Hop Plaintiffs

Three district court decisions dismissing hip-hop copyright claims recently came down in quick succession, indicating that plaintiffs face significant hurdles when they premise claims on the use of words, phrases and themes that are common in the genre, say Benjamin Halperin and Shiara Robinson at Cowan DeBaets.
Rethinking Tech Contract Terms For Governance Of AI Use

Traditional considerations in technology deals are often inadequate for governing artificial intelligence use, which means lawyers should revisit and reimagine existing terms across the full spectrum of relevant contracts, ranging from procurement agreements and data licenses to customer agreements, say Marina Aronchik and Samuel Hartman at Mayer Brown.
Deploying Analogies To Explore AI Copyright Questions

Xin Shao at F. Chau & Associates translates two representative artificial intelligence copyright cases into more traditional copyright law scenarios to facilitate the direct application of legal theories to undisputed technological facts.
The Case For Post-Bar Clerk Training Programs At Law Firms

In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
What's At Stake In Bystolic 'Side Deals' Litigation

In re: Bystolic Antitrust Litigation, which has oral argument set for next month, will likely shed light on how the U.S. Court of Appeals for the Second Circuit views side deals, and could create a circuit split in pleading standards for reverse payment cases, say attorneys at Axinn.
Attorneys Have An Ethical Duty To Protect The Judiciary

The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
Best Practices For Defense Tech Startup Financing

Navigating the expanding and highly regulated defense technology sector requires careful planning and execution, starting at incorporation, so startups should prepare for foreign investor issues, choose their funding wisely and manage their funds carefully, say attorneys at WilmerHale.
'Trump Too Small' Args Show Justices Inclined To Reverse

The U.S. Supreme Court recently heard oral arguments in the "Trump Too Small" trademark case Vidal v. Elster — and the tenor of the justices' feedback makes it clear that the refusal to register a mark under the Lanham Act most likely does not violate free speech rights, as opposed to the Federal Circuit's decision last year, says Brian Brookey at Tucker Ellis.
FTC Orange Book Move Signals New Pharma Patent Scrutiny

The Federal Trade Commission's recent dispute against improper listing of drug patents in the U.S. Food and Drug Administration's Orange Book indicates heightened surveillance of the pharmaceutical industry, particularly where competition-related consequences of patent or regulatory processes are concerned, say attorneys at Fenwick.
AI Can Help Lawyers Overcome The Programming Barrier

Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
Why The Effect Of Vivint Has Been Minimal

A survey of recent ex parte reexamination decisions since the Federal Circuit’s 2021 In re: Vivint decision appears to support the court’s conclusion that the ruling was limited in scope and would have limited impact, says Yao Wang at Fish & Richardson.
Transparency And Explainability Are Critical To AI Compliance

Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.