Intellectual Property

  • December 06, 2023

    Norton Rose Taps IP Pro As Partner-In-Charge Of SF Office

    Norton Rose Fulbright will start 2024 with a new partner-in-charge of its San Francisco office, announcing the promotion of an experienced IP partner who will take on the role beginning Jan. 1.

  • December 05, 2023

    Philips Settles Claim Rival's Worker Hacked Ultrasound Tech

    A California federal judge on Monday tossed Philips North America's copyright suit alleging a competitor's former employee stole ultrasound technology by hacking into its software, after the parties agreed to settle the dispute last week.

  • December 05, 2023

    Ex-CEOs Must Face Claims They Pilfered Bioscience Co.'s IP

    Two former CEOs of Global Discovery Biosciences Corp. can't dodge claims that they cost the company an opportunity to develop new medical tests by siphoning the resources to another company, a Delaware Chancery Court judge has said.

  • December 05, 2023

    Patent Board Says Goodnight To NYU's Sleep Machine Patents

    Judges on the Patent Trial and Appeal Board dealt a blow to two patents owned by New York University, which is currently suing a San Diego company over technology allegedly used by a brand of small machines sold to treat sleep disorders.

  • December 05, 2023

    Taiwan Electronics Co. Asks Calif. Judge To Scrap Injunction

    A Taiwanese company that makes a certain kind of electrical circuit wants a California federal court to dissolve an injunction currently blocking sales of products that use those circuits after the company won a ruling from the Federal Circuit that indicated the lower court had been too swift to say that a rival's patents were valid.

  • December 05, 2023

    Intel Seeks New Trial In $1B VLSI Case After Ax Of $2B Verdict

    After the Federal Circuit vacated a $2.18 billion verdict against Intel Corp. in a patent dispute with VLSI Technology LLC, Intel told a Texas federal judge that the ruling means a new trial is also needed in a $948 million case over a different VLSI microchip patent.

  • December 05, 2023

    Group Says US Gov't Must Address Drug 'Patent Thickets'

    A nonprofit group with a history of examining the U.S. drug patent system released a new blueprint on Tuesday aimed at addressing the use of patent thickets by pharmaceutical companies that allegedly drive up prices for prescription drugs.

  • December 05, 2023

    Deal Reached To End Sunoco Butane IP Row Amid Appeal

    The Federal Circuit on Tuesday dismissed U.S. Venture's appeal of an award of $6 million in enhanced damages to Sunoco in a suit over butane patents, after the parties jointly agreed to dismissal.

  • December 05, 2023

    7th Circ. Signals Issue With $540M Motorola Trade Secret Win

    Seventh Circuit judges reviewing Motorola's $540 million win in a mobile radio trade secret case suggested Tuesday part of the verdict might come undone, with one judge saying the calculation of foreign sales was a thorny problem in the case. 

  • December 05, 2023

    Google, Amazon Raise Microsoft Cloud Concerns In UK

    Google and Amazon both told Britain's competition enforcer that the cloud services market is generally functioning well but contended Microsoft's licensing practices block competition and deserve a close look during a market investigation of the sector that the agency is undertaking.

  • December 05, 2023

    Fed. Circ. Backs TTAB Ruling For French Wine Co.

    The Federal Circuit on Tuesday affirmed a ruling from the Trademark Trial and Appeal Board that a French winemaker's request to register a label that includes the term "Vérité" was different enough from a U.S. winery's "Vérité" trademark to make confusion unlikely.

  • December 05, 2023

    PTAB Invalidates Rakuten Video Display IP In IBM Challenge

    The Patent Trial and Appeal Board has invalidated the entirety of a Rakuten patent challenged by IBM, finding the claims in the patent relating to a way to establish multiple video sessions were too obvious to warrant patent protection.

  • December 05, 2023

    Splenda Maker Says Peet's Provides Knockoff Sweetener

    Peet's Coffee Inc. is breaching trademark laws by tricking customers into believing that the yellow packet sweeteners available at its locations are American-made Splenda when they actually contain active ingredients made in China, according to a lawsuit filed Tuesday in Virginia federal court. 

  • December 05, 2023

    Microsoft Added As Defendant In Writers' OpenAI IP Suit

    Microsoft Corp. has been added to an amended putative copyright class action against OpenAI filed by a group of writers who accuse the artificial intelligence research company of using protected works to "train" its generative AI product ChatGPT, arguing OpenAI's training couldn't have happened without Microsoft's "financial and technical support."

  • December 05, 2023

    Bristol-Myers Decries Blue Cross Unit's Last-Minute Dropout

    Celgene and parent Bristol-Myers Squibb expressed frustration Tuesday about the timing of a Blue Cross unit's decision to bow out as a plaintiff in New Jersey federal court antitrust litigation accusing the drugmakers of delaying generic competition to blockbuster cancer treatments, raising concerns the insurer might shirk its discovery obligations.

  • December 05, 2023

    X Corp. Calls TM Suit 'A Shakedown' That Must Be Dismissed

    Elon Musk's X Corp., the company formerly known as Twitter, has asked a Florida federal judge to dismiss a complaint from X Social Media LLC, calling the suit "a shakedown masquerading as trademark infringement and unfair competition claims."

  • December 05, 2023

    GWU Establishes IP, Privacy & Tech Law Center

    George Washington University Law School is launching an intellectual property and privacy and technology law center, focused on preparing future lawyers for careers in those industries through new courses and other opportunities, according to a Monday announcement.

  • December 05, 2023

    Paralegal Patent Owner Pushes Back Against Del. Court Order

    A Texas paralegal facing fines for not showing up at a hearing over litigation generated by a patent licensing outfit she ostensibly owns has told the Federal Circuit that disclosure requirements from Delaware's top federal judge have left her "living in a sense of fear and intimidation."

  • December 05, 2023

    PTAB To Eye Hormone Drug Again In Patent Fight

    The Patent Trial and Appeal Board has agreed to look into whether various claims in a pair of patents owned by a biotechnology maker are invalid, the latest event in a larger intellectual property fight over a treatment for a hormonal disorder.

  • December 05, 2023

    Jack Daniel's Ruling Helps Vans Defeat 2nd Circ. TM Appeal

    The Second Circuit on Tuesday cited a recent Supreme Court decision that stripped special First Amendment protections for a Jack Daniel's-spoofing chew toy in a ruling that will allow Vans to enforce a restraining order against a Brooklyn art collective that made a parody of its marquee shoe.

  • December 05, 2023

    Texas Jury Finds Microchip Co. Infringed Purdue Univ. Patent

    A Western District of Texas jury has found that European microchip maker STMicroelectronics infringed a patent covering semiconductor technology held by the trustees of Purdue University and awarded the trustees $32.5 million in damages.

  • December 04, 2023

    PacBio Sees Most Of Its In-House Legal Dept. DQ'd In IP Row

    A California federal judge on Monday disqualified all but one of Pacific Biosciences' in-house attorneys and legal support staff from working on a patent infringement case against the biotechnology company, adopting PacBio's proposed measures after the judge disqualified a former Perkins Coie LLP attorney last month.

  • December 04, 2023

    Fed. Circ. Not Sure It Should Answer PREP Immunity Question

    Puritan Medical Products told the Federal Circuit it's immune from a rival's patent suit over COVID-19 test swabs due to a law that shields certain activity aimed at resolving the spread of a disease during a public health emergency, but the panel didn't seem sure it was its place to decide.

  • December 04, 2023

    Wash. Judge Nixes HDT's $950M mRNA Vax Trade Secrets Suit

    A Washington federal judge has thrown out Seattle-based biotechnology company HDT Bio's nearly billion-dollar lawsuit accusing an Indian pharmaceutical firm of ripping off its mRNA platform to develop a new COVID-19 vaccine, at least for now, a docket entry showed Monday.

  • December 04, 2023

    Cozy Must Hand Over Docs In Patent Suit, Fed. Circ. Rules

    The Federal Circuit has shot down a bid from a child car seat developer challenging a Massachusetts federal magistrate judge's finding that it must produce certain documents in a patent infringement lawsuit.

Expert Analysis

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Open Issues At The USPTO And Beyond After Biden AI Order

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    President Joe Biden's recent executive order on artificial intelligence requires individual government agencies to develop their own principles and guidelines around the use of AI, leaving unanswered questions that will be important for any business that intends to rely on AI to create new or improved products or technologies, say Andrew Lustigman and Mary Grieco at Olshan Frome.

  • Overcoming IP Portfolio Challenges Amid Higher Patent Fees

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    As potentially higher U.S. Patent and Trademark Office fees contribute to a difficult future environment for IP leaders, attorneys who follow a series of practice tips to build a well-managed, valuable IP portfolio can help alleviate this potential financial burden, says Vincent Brault at Anaqua.

  • Pay Attention To Contract Law Tenets Amid AI Incorporation

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    Providers of information technology products and services are rushing to market with various generative artificial intelligence-based solutions and attempting to unilaterally amend existing agreements with their customers, but parties should beware that such amendments may be one-sided, say Jeffrey Harvey and Sharon Harrington at Hunton.

  • UPC Decision Highlights Key Security Costs Questions

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    While the Unified Patent Court recently ordered NanoString to pay €300,000 as security for Harvard's legal costs in a revocation action dispute, the decision highlights that the outcome of a security for costs application will be highly fact-dependent and that respondents should prepare to set out their financial position in detail, says Tom Brazier at EIP.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • The Fed. Circ. In Nov.: Factual Support And Appellate Standing

    The Federal Circuit's recent Allgenesis Biotherapeutics v. Cloud Break Therapeutics decision shows that appellate standing requires specific factual support, underscoring the necessary requirements for a patent challenger in an appeal from an inter partes review at the U.S. Patent and Trademark Office, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • A Comparison Of Patent Dispute Resolution In US And China

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    As the U.S. and China are the two most significant arenas for patent disputes, multinational corporations must be able to navigate their patent dispute systems, which differ in speed, cost and potential damage awards, say attorneys at Covington.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

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