Intellectual Property

  • February 29, 2024

    Munck Wilson Adds IP Lawyer From Wood Smith

    A former Wood Smith Henning & Berman LLP attorney has made the move to Munck Wilson Mandala LLP in Los Angeles, bringing with her a history of working on intellectual property litigation and other commercial matters.

  • February 29, 2024

    Silicon Valley IP Ace Joins Squire Patton Boggs

    A patent attorney specializing in representing clients producing cutting-edge software and technology has moved her practice to Squire Patton Boggs LLP's Silicon Valley office after seven years with IP boutique Artegis Law Group.

  • February 29, 2024

    Staples, Subway & More Targeted In App Patent Suits

    Numerous major retailers were sued in Texas federal court, with Communication Interface Technologies LLC alleging that their apps infringe patents on mobile device communications it owns.

  • February 29, 2024

    Defense Contractor Says Ex-Exec Took Sensitive Data To Rival

    A defense contractor accused a former executive of taking confidential business information and export-controlled data on the body armor it supplies to the U.S. military and local and state law enforcement to a rival, a foreign-owned business.

  • February 29, 2024

    Bird & Bird Taps London IP Atty As Co-Head In San Francisco

    Bird & Bird LLP is transferring a longtime patent litigator from its London office to be the new co-head of its representation office in San Francisco, the firm's only outlet in America.

  • February 28, 2024

    Judge Puts Patent Biz, Not Its Lawyer, On Hook For Atty Fees

    A federal judge in Texas on Wednesday opted to punish an alleged shell company, but not its litigious attorney, for asserting patents that were already expired in another failed lawsuit, this time against television maker Vizio Inc.

  • February 28, 2024

    Spencer Fane Hires Trio Of Ex-McKool Smith IP Pros In DC

    Spencer Fane LLP has hired three McKool Smith intellectual property attorneys who specialize in high-stakes patent and trade secrets disputes, including a first-chair trial lawyer who focuses on bet-the-company litigation, to join the firm as partners, Spencer Fane announced Wednesday.

  • February 28, 2024

    GAO Says $267M Patent Deal Failed To Meet Requirements

    The U.S. Government Accountability Office sustained an intellectual property research firm's protest of a $267 million deal to help the U.S. Patent and Trademark Office review patent applications, saying the deal's winner didn't meet a clear small business subcontracting requirement.

  • February 28, 2024

    6th Circ. Rules Copyright Law Is For 'Dull' Stuff, Too

    The top appeals court judge at the Sixth Circuit has issued a precedential opinion insisting that "all manner of works," even stuff that's boring and "run-of-the-mine," can be protected by copyright law, affirming a judgment that stuck a business with more than $1 million in damages and fees for copying the terms and conditions used by a car-dealer loyalty program.

  • February 28, 2024

    Intercept, Others Hit OpenAI, Microsoft With Copyright Suits

    The Intercept and two other news publications filed nearly identical complaints against OpenAI and Microsoft Wednesday, accusing them of removing author and copyright information from material used to train ChatGPT.

  • February 28, 2024

    Textron, DJI End Texas Drone Patent Case After $279M Verdict

    A Texas federal judge has signed off on a notice by Textron Innovations Inc. and Chinese aerospace company SZ DJI Technology Co. Ltd. that they've agreed to dismiss a case in which DJI was found to have infringed Textron's drone patents and told to pay $279 million last year — the fourth-largest patent damages award of 2023.

  • February 28, 2024

    Judge Clears Fujian Jinhua On Feds' Trade Secrets Claims

    A California federal judge has found that the federal government failed to show semiconductor-maker Fujian Jinhua Integrated Circuit Co. Ltd. is guilty of various claims in a suit accusing it of economic espionage in a trade secrets case.

  • February 28, 2024

    Fish & Richardson Adds Ex-Jenner & Block Life Sciences Duo

    Global intellectual property law firm Fish & Richardson PC announced on Wednesday that two Chicago-based litigators from Jenner & Block LLP have joined the firm's life sciences team as partners.

  • February 28, 2024

    Earth, Wind & Fire Wants TM Win Against Cover Band

    The entity that owns the intellectual property of the musical group Earth, Wind & Fire asked a Florida federal judge on Wednesday to grant it a win on trademark infringement claims against a concert producer and a promoter, arguing their "Legacy Reunion of Earth, Wind & Fire Alumni" concerts created significant marketplace confusion.

  • February 28, 2024

    MasterCard Loses Another Attempt To End Patent Case

    The Federal Circuit ruled Wednesday that MasterCard will have to continue litigating against a patent litigation outfit that the credit card company has been fighting for almost a decade over language in a 2005 patent licensing agreement, with one judge pointing out that the case "illustrates the importance of carefully reviewing the language in a covenant not to sue."

  • February 28, 2024

    Meta Trims BIPA Voiceprint Privacy Suit, For Now

    A California federal judge pared some claims from a proposed class action claiming Meta Platforms Inc. violates Illinois' Biometric Information Privacy Act by unlawfully using voice recordings created by users of its Facebook and Messenger platforms, but allowed the plaintiff to amend claims that the social media giant profited from and improperly stored her data.

  • February 28, 2024

    Scrubs Co. Must Arbitrate With Its Ex-Atty Over False Ad Loss

    A healthcare apparel company that lost its Lanham Act false advertising suit against a competitor in California federal court must pursue claims against its former lawyer in arbitration, while the company agreed to pursue claims against the lawyer's firm, Michelman & Robinson LLP, a Los Angeles judge ruled Wednesday. 

  • February 28, 2024

    Dexcom Rival Fights Its Bid To Tweak Glucose Monitor Patent

    A Korean medical tech company has asked a London court to block Dexcom's bid to tweak its diabetes management patent to avoid losing protections should the court rule that it's invalid.

  • February 28, 2024

    Gov't Contracts Of The Month: AI, $1.2B Submarine Upkeep

    In February, the U.S. Patent and Trademark Office announced a deal to expand its artificial intelligence capabilities, the U.S. Navy gave a shipbuilder $1.2 billion to begin its overdue overhaul of the USS Boise, and the U.S. Defense Health Agency expanded its contractor pool for a $2.5 billion information technology deal, after being accused of unfairly evaluating bidders' proposals. These are Law360's top government contracts for February.

  • February 28, 2024

    Baker Donelson Hires Dickinson Wright IP Atty In Florida

    Baker Donelson Bearman Caldwell & Berkowitz PC has announced the hiring of a former Dickinson Wright PLLC member who spent more than 5½ years in that firm's Florida offices.

  • February 27, 2024

    Amazon Hit With Copyright Suit Over 'Road House' Reboot

    The writer behind the 1989 movie "Road House" sued Amazon Studios LLC on Tuesday in California federal court, alleging the company ignored his copyright for the screenplay and rushed to finish the movie before the rights reverted to him by using artificial intelligence.

  • February 27, 2024

    KPN Wins $287M Jury Verdict In Contract Beef With Samsung

    A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

  • February 27, 2024

    Ye Stole Donna Summer's 1977 Hit In New Song, Estate Says

    Donna Summer's estate sued rappers Kanye West and Ty Dolla $ign in California federal court Tuesday accusing them of sampling, without permission, the late legendary disco singer's 1977 hit "I Feel Love" in their collaborative track "Good (Don't Die)," which is featured on their joint album, "Vultures 1."

  • February 27, 2024

    IP Strategy Co. Seeks Sanctions For Suit Over Patent Deal

    Intellectual property strategy and transactions company Transpacific IP has asked the Delaware Chancery Court to sanction Slingshot Technologies LLC more than $400,000 for making "fabricated allegations" in a failed lawsuit over Transpacific's sale of Orange SA network patents.

  • February 27, 2024

    Last-Minute Settlement Stops 2nd Catheter Trial In Del.

    A second legal fight over patents that cover a type of external catheter for women will not be going before a jury in Wilmington after the two feuding rivals agreed on Tuesday to settle the dispute.

Expert Analysis

  • Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent

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    The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • How Cos. Can Assess Open-Source Contribution Patent Risks

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    Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Averting Patent And Other IP Risks In Generative AI Use

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    While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • 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.

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