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Intellectual Property
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January 23, 2025
'Bad Spaniels' Toy Dilutes, Doesn't Infringe Jack Daniel's TM
A "Bad Spaniels" dog toy parodying Jack Daniel's iconic whiskey bottle does not infringe trademark rights but does dilute the whiskey maker's trademarks and trade dress, an Arizona federal judge ruled Thursday, following the U.S. Supreme Court's ruling that the First Amendment does not shield the toy's maker.
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January 23, 2025
Think, McFly! 'Back To The Future' Writer Says No Apple Theft
The co-writer of "Back to the Future" suggested to a California federal jury Thursday that an independent filmmaker suing Apple and acclaimed director M. Night Shyamalan for copyright infringement should make like a tree and get out of the courtroom because her film bears no resemblance to the Apple TV+ show, "Servant."
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January 23, 2025
Ryanair's 'Piracy' Jury Win Over Booking.com Gets Undone
A federal judge has decided that Ryanair failed to show that Booking.com made enough money scraping flight data from the discount Irish airline to justify a verdict in its favor, overturning a jury verdict out of Delaware last year that found the website broke computer fraud laws.
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January 23, 2025
Jump Trading Says Ex-Worker Stole IP For Blockchain Startup
High-frequency trading firm and blockchain technology developer Jump Trading has filed a complaint seeking a preliminary injunction against a former software developer it claims is using Jump Trading's intellectual property to launch a competing project.
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January 23, 2025
Netflix, Litigation Funder Fight Over Docs In Subpoena Row
Intellectual property strategy service AiPi LLC says it has been abiding by an order to produce documents relating to patent litigation against Netflix, while the streaming giant says "AiPi's attempt to appear reasonable is contrivance."
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January 23, 2025
Nike Says Defamation Allegations Must Go In $60M TM Fight
Nike moved this week to stop a Los Angeles-based company that says it once collaborated with the sportswear giant on custom sneakers for celebrities and athletes from moving forward with a defamation counterclaim against Nike's $60 million trademark lawsuit.
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January 23, 2025
Amazon Gets Patent Case Shipped From WDTX To Calif.
A Texas federal magistrate judge has sent a suit accusing Amazon of infringing a pair of computing patents to California, but agreed to stay the transfer until next month.
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January 23, 2025
Unsigned Bladder Drug Patent Deal Not Binding, Judge Rules
A federal judge has rejected Astellas Pharma's request to enforce a purported settlement with MSN Pharmaceuticals in a patent dispute over MSN's planned generic version of an overactive bladder drug, holding that the deal is not binding because MSN never signed it.
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January 23, 2025
Ex-J&J Exec Accused Of File Theft Has Died, Court Told
A former competitive strategy director for Johnson & Johnson accused of stealing confidential files when he left the company to work for Pfizer has died, according to a court filing.
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January 23, 2025
Maxell Can't Recharge Battery Patents At Fed. Circ.
Japanese consumer electronics outfit Maxell lost another appeal Thursday over its setbacks at the Patent Trial and Appeal Board in its fight with a major Chinese rival in the lithium-ion battery market.
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January 23, 2025
Federal Agencies Must Order Full Return To Office By Friday
Federal agencies will order employees to return to the office by Friday at 5 p.m. to end the "national embarrassment" that remote work policies have fueled, the Office of Personnel Management said, following President Donald Trump's executive order.
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January 23, 2025
Nvidia Wants AI Antitrust Suit Sent To California
Nvidia Corp. is asking a Texas federal judge to transfer to California an antitrust and patent infringement lawsuit accusing it, Microsoft and a patent risk management company of colluding to suppress the price of key technology used in powering artificial intelligence.
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January 23, 2025
Intellectual Property Group Of The Year: Duane Morris
Duane Morris LLP attorneys helped vacate a $2.75 billion patent infringement verdict against Cisco Systems Inc. and won a jury trial for Roku Inc. with $318 million at stake, earning the firm a spot among the 2024 Law360 Intellectual Property Groups of the Year.
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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.
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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."
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Navigating DOJ's Patchwork Whistleblower Regime
In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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When Arbitration Is Effective For Employment And IP Cases
Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.
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US Intellectual Property-Based Sanctions Could Be Imminent
A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.
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Key Territory-Split Licensing Lessons For Life Sciences Cos.
Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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Copyright Questions Surround AI Music Platform Suits
If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.
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Litigation Strategies In View Of New Double Patenting Rulings
Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Tracking The Slow Movement Of AI Copyright Cases
The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.
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The EU Design System Changes US Cos. Need To Know About
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.
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Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal
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.