Intellectual Property

  • July 18, 2024

    CoComelon Seeks Atty Fees And Sanctions After $23M IP Win

    The company behind the popular children's YouTube channel CoComelon urged a California federal judge Thursday to follow up its $23.4 million copyright trial win by ordering a Chinese rival to pay an additional $6.5 million in attorney fees and costs, plus $1 million more for the rival's litigation misconduct.

  • July 18, 2024

    Apple Wants 2 Trials In Masimo Trade Secrets And Patent Row

    Apple has told a California federal judge that a November retrial in Masimo's suit against it should only cover claims including trade secrets that led to a mistrial last year after Masimo sought $1.85 billion, and that Masimo's patent claims should be tried later.

  • July 18, 2024

    Texas IP Firm Fights Microsoft With Dueling Sanctions Bid

    Prolific patent litigator Bill Ramey has pushed back against Microsoft's bid to sanction his law firm in Texas federal court, filing his own sanctions motion that claims the tech giant and its attorney "gleefully" filed an improper declaration in the case to defame him and his firm.

  • July 18, 2024

    Vidal Backs 'Egregious Abuse' Findings Against Vaccine Maker

    U.S. Patent and Trademark Office Director Kathi Vidal has upheld a Patent Trial and Appeal Board decision to punish Longhorn Vaccines & Diagnostics for "egregious abuse of the PTAB process," a status report in a Utah federal case indicates.

  • July 18, 2024

    Fed. Circ. OKs Gilstrap's Alice Ax Of Background Check Patent

    The Federal Circuit on Thursday upheld Eastern District of Texas Judge Rodney Gilstrap's invalidation of a background check patent for claiming only an abstract idea, as well as his refusal to award attorney fees to the small Texas city that prevailed in the case.

  • July 18, 2024

    Comcast Gets PTAB To Eye Patent Despite EDTX Trial

    The Patent Trial and Appeal Board on Thursday said it will look into a petition by Comcast asking it to invalidate claims in a patent organizing "content on a display device" that is tied to a $338.7 million jury verdict and is being asserted in another case set to go to trial later this year.

  • July 18, 2024

    Google Warns Fed. Circ. Panel Backed Manipulating Damages

    The Federal Circuit's decision to make Google pay EcoFactor $20 million for infringing a smart thermostat patent clears patent owners to "manufacture a royalty rate" and ignore both market realities and apportionment, Google told the full court in a bid for rehearing.

  • July 18, 2024

    Ye Brazenly Stole DJ Khalil's Music For 'Donda,' Suit Says

    The musical artist formerly known as Kanye West has been slapped with a lawsuit in California federal court claiming that he stole music from DJ Khalil and three other artists for two leading tracks on his blockbuster album "Donda."

  • July 18, 2024

    Fed. Circ. Won't Deflate Air Mattress Patent Upheld At PTAB

    The Federal Circuit on Thursday affirmed the Patent Trial and Appeal Board's conclusion that no claims of a Sun Pleasure Co. air mattress patent are invalid based on the grounds asserted by a Chinese company.

  • July 18, 2024

    Invalid Patents Sink Tech Co.'s Claims Against Lenovo

    A North Carolina federal judge has cut claims in an infringement suit over data transfer patents by wireless and video technology company InterDigital against Lenovo, finding some of the challenged patents are invalid.

  • July 18, 2024

    Del. Judge Overrules ViaTech's $34M Jury Win Against Adobe

    A Delaware federal judge has concluded that Adobe Inc. could not have infringed a ViaTech technologies licensing system patent, and threw out a jury's $33.8 million infringement verdict.

  • July 18, 2024

    Tech Giants Can't Sink Slide-To-Unlock Patent At Fed. Circ.

    Samsung, Apple and Google failed on Thursday to persuade a panel of Federal Circuit judges to kill a patent covering the idea of sliding-to-unlock a phone, purportedly developed by a small Sweden smartphone developer over a decade ago.

  • July 18, 2024

    US Cheerleading Org. Loses TM Fight Over 'Worlds' Marks

    A Florida federal judge handed a pair of cheerleading organizations a summary judgment win Wednesday in a trademark infringement lawsuit by U.S. All Star Federation that alleged the rivals ripped off the competitive cheerleading organizational body's signature event's name, finding the contested "Worlds" marks are too generic to be protected.

  • July 18, 2024

    Pool Co. Wants To Dig Into Rival's Alter Egos For $16M Verdict

    Pool supply company Hayward Industries Inc. is looking to force responses from the alter egos of bankrupt rival Blueworks Corp. regarding their assets, bank accounts and property so that Hayward can collect on its $16 million false advertising and unfair business practices judgment.

  • July 18, 2024

    Rising Star: Robins Kaplan's Emily Niles

    Emily Niles of Robins Kaplan LLP helped lead the trial team that scored a $71.4 million jury verdict on behalf of Taiwanese Christmas lights company Willis Electric against a rival in Hong Kong that is the world's largest maker of artificial Christmas trees, earning her a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.

  • July 17, 2024

    T-Mobile, AT&T, Verizon Accused Of Using Negotiating Cartel

    An intellectual property licensing business on Wednesday filed yet another suit against AT&T, T-Mobile and Verizon Wireless, this time accusing the telecommunications companies of wielding their market power and conspiring to refuse to license innovative 4G and 5G wireless communications system technology.

  • July 17, 2024

    Western Digital Owes $305M Over Hard Drive IP, Jury Told

    Hard drive goliath Western Digital owes $305 million for selling drives that infringe MR Technologies' patents for increasing storage capacity, MR's attorney told a California federal jury during opening statements Wednesday, while Western Digital's counsel said the patents are invalid and its products don't infringe anyway.

  • July 17, 2024

    'Hot Girl Walk' Says Rival Infringed, Set An 'Army' On Brand

    Hot Girl Walk, a social media-fueled walking organization, sued the founder of a group called Hot Walk Indy in Indiana federal court on Tuesday, claiming trademark infringement and a plot to "aggressively bully" and "take down" its brand.

  • July 17, 2024

    Zoho Gets PTAB To Cut Bulk Of Conference Call Patent Claims

    Several Patent Trial and Appeal Board decisions have wiped out claims in patents covering ways of coordinating conference calls online, following a challenge from a major Indian software company that's facing an infringement lawsuit over the patents in Texas.

  • July 17, 2024

    PTAB Tears Down Roof Measurement Patent On Remand

    The Patent Trial and Appeal Board has found that Nearmap was able to show that all the challenged claims of an EagleView Technologies Inc. patent on measuring roofs were invalid as obvious, a move that came after the U.S. Patent and Trademark Office's director remanded the case.

  • July 17, 2024

    Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit

    Sony has urged a Texas federal court to sanction a baseball training company and its counsel in a trademark dispute over the digital giant's use of the phrase "future star series" in a popular video game, claiming they launched a lawsuit without investigating material facts and refused to eliminate false allegations.

  • July 17, 2024

    ITC Affirms Lab Equipment Co.'s Patent Wasn't Infringed

    The U.S. International Trade Commission has upheld an administrative law judge's finding that a California biotechnology outfit did not infringe a German laboratory equipment supplier's patent.

  • July 17, 2024

    Fed. Circ. Tells ParkerVision To Close Fla. Case Before Appeal

    The Federal Circuit has ordered ParkerVision and Qualcomm to make a Florida federal judge explicitly end counterclaims in long-running infringement litigation between the two before continuing with ParkerVision's appeal.

  • July 17, 2024

    CBP Clears Vilox Tiles Of Infringing Patents In Import Dispute

    U.S. Customs and Border Protection has ruled Vilox has shown its licensees' vinyl floor panels do not infringe Mohawk Industries Inc. patents and can be imported into the U.S.

  • July 17, 2024

    Steve Madden Raises IP, Libel Claims In Sandal Feud

    Steven Madden Ltd. has filed suit alleging Danish "affordable luxury" brand Ganni A/S falsely claimed two of the U.S. company's shoe designs infringed Ganni's intellectual property.

Expert Analysis

  • 7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation

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    The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.

  • 1 Year At The UPC: Implications For Transatlantic Disputes

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    In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.

  • Patent Ruling Shows A Minor Typo Can Lead To A Major Loss

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    A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Leveling Up IP Protections For Video Game Icons' Film Debuts

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    Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Opinion

    Proposed Terminal Disclaimers Rule Harms Colleges, Startups

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    Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    Cell Tech Patent Holdup Is Stalling Automaker Innovation

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    Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.

  • M&A In The AI Era: Key Deal Terms To Watch

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    As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Trending At The PTAB: Multiple Petitions In IPRs

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    Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

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