Intellectual Property

  • March 29, 2024

    Judge Denies Injunction For Tyvaso Drug Competitor

    A D.C. federal judge Friday denied drugmaker United Therapeutics Corp.'s attempt to preemptively block the U.S. Food and Drug Administration from approving a new competitor to its blockbuster pulmonary hypertension medication Tyvaso, saying the company was effectively seeking to challenge an agency action before the FDA made one.

  • March 29, 2024

    Fed. Circ. Tears Cancer Testing Rivals Apart In Injunction Args

    A trio of Federal Circuit judges appeared fed up Friday with a Morrison Foerster LLP attorney who they repeatedly suggested was focusing on arguments not raised to the district court judge who had blocked her client from selling certain cancer tests while facing infringement litigation.

  • March 29, 2024

    Allergan Scoffs At Sandoz Bid To Undo $39M Patent Loss

    Allergan told the Federal Circuit to reject Sandoz's fight over a $39 million verdict against it for infringing an Allergan eyelash growth drug patent, saying Sandoz's reliance on a 2014 decision involving the same drug misses the decision's central point.

  • March 29, 2024

    In Pandora Win, Fed. Circ. Won't Revive Playlist Patents

    The Federal Circuit on Friday declined to revive a collection of patents on generating playlists that were issued to an early, erstwhile executive at Amazon and were asserted in a failed lawsuit against music streaming website Pandora.

  • March 29, 2024

    9th Circ. Critical Of Treasure Hunter's Insurance Appeal

    A Ninth Circuit panel expressed doubt Friday that a treasure hunter could get an insurer to pay him a $7.5 million settlement over a soured shipwreck salvaging expedition, suggesting his ex-partners' refusal to hand over vital maps was an intentional act to keep him from striking gold — not an accident covered by insurance.

  • March 29, 2024

    UK Photog Tells Judge Napster License Didn't Cover Original Art

    A British photographer told a Washington federal judge Friday that Napster's promotion of a reggae record infringed his copyright for the photo used on the album cover, arguing that even though he licensed the album art to a record company, the music streamer did not have rights to the photo itself.

  • March 29, 2024

    Winston & Strawn Looks To Settle Brief-Copying IP Suit

    A Winston & Strawn LLP attorney on Friday told a Manhattan federal judge that the firm is angling to settle a copyright infringement suit that accuses its attorneys of copying a motion-to-dismiss filing by a boutique intellectual property firm "nearly verbatim," saying it isn't worth the cost to all involved.

  • March 29, 2024

    Nikola Says Convicted Ex-CEO Plotting Illegal Board Takeover

    Electric truck manufacturer Nikola Corp. sued its former CEO and convicted felon Trevor Milton in Arizona federal court Friday, accusing him of scheming with unqualified loyalists to regain control of the company by flouting securities laws, infringing Nikola's trademarks and breaching agreements.

  • March 29, 2024

    Vidal Tells PTAB To Better Explain Nokia Challenge Denials

    U.S. Patent and Trademark Office Director Kathi Vidal has vacated the Patent Trial and Appeal Board's refusal to hear three patent challenges by Nokia, telling the board to more fully explain its holding that the patent office had already considered the invalidity arguments.

  • March 29, 2024

    Trojan Battery Co. Gets $2.6M Win In TM Row

    A Texas federal judge has sided with Trojan Battery Co. in its trademark infringement and unfair competition case against Trojan EV LLC and Golf Carts of Cypress LLC, ordering a permanent injunction and an award of millions of dollars.

  • March 29, 2024

    Vidal Offers 'Peace Of Mind' For MDL Rivals Heading To PTAB

    U.S. Patent and Trademark Office Director Kathi Vidal has set new boundaries on interpreting the Patent Trial and Appeal Board's discretionary denial precedent for follow-on petitions, making clear that defendants can work together in multidistrict litigation without giving up the right to file separate patent challenges.

  • March 29, 2024

    Gambling Co. To Face Most Card Shuffle Tech Antitrust Claims

    An Illinois federal judge largely refused to let Scientific Games Corp. duck monopolization claims over its automatic card shufflers dominance, finding that with the exception of two out of six asserted patents, a would-be rival has adequately alleged the company tricked the U.S. Patent and Trademark Office into granting those patents.

  • March 29, 2024

    Del. Judge Clears Liquidia To Sell Lung-Disease Drug

    A Delaware federal judge has ruled that biochemical startup Liquidia can launch its lung disease drug after the Federal Circuit upheld a patent board ruling cutting out the remaining claims in a hypertension patent owned by United Therapeutics that was keeping the drug off the market.

  • March 29, 2024

    DraftKings Rips Former Exec's 'Lies' In Ongoing Fanatics Spat

    Former DraftKings executive Michael Hermalyn lied in his opposition last week to its preliminary injunction request, just as he had during his departure to rival Fanatics and throughout a trade secrets and breach of contract suit against him, the company has told a Massachusetts federal court in defending its injunction request.

  • March 28, 2024

    Apple Says Ex-Engineer Leaked To 'Homeboy,' Other Journos

    Apple Inc. is accusing a former engineer of leaking sensitive information about its business practices, internal policies and products to employees at other technology companies as well as at least three journalists for national publications — including one saved in his phone as "Homeboy" — in a suit in California state court.

  • March 28, 2024

    Penile Implant Doc Awarded $18.3M After Trade Secrets Trial

    A California federal judge on Thursday awarded more than $18.3 million in royalties and damages to a urologist who won a jury trial verdict last year over a competitor's theft of penile implant trade secrets.

  • March 28, 2024

    Quinn Emanuel Adds Longtime Kirkland Litigator In Chicago

    Quinn Emanuel Urquhart & Sullivan LLP's office in Chicago has added a 24-year veteran of Kirkland & Ellis LLP who litigates intellectual property, high-profile torts and product liability matters, the firm announced this week.

  • March 28, 2024

    NY Garment Co. Appeals Valentino's Award In Copyright Feud

    A garment manufacturer has asked a New York federal court to hold off on enforcing Valentino SpA's arbitral award for costs related to a copyright case, saying it is a small company and will be ruined if the Italian luxury brand collects its money while an appeal remains pending.

  • March 28, 2024

    Centripetal Rips Palo Alto Bid To Scrap $151.5M Patent Verdict

    Centripetal Networks has urged a Virginia federal judge to reject Palo Alto Networks' request to discard a $151.5 million jury verdict against it for infringing cybersecurity patents or order a new trial, saying the evidence supports the infringement finding and the damages award.

  • March 28, 2024

    Judge Throws Out IP Suit, Citing Expired 3D Glasses Patent

    A federal judge in Houston has tossed a lawsuit brought by a prolific patent litigator on behalf of VDPP LLC, holding that the patent covering 3D glasses had expired before the complaint was anywhere near a courthouse.

  • March 28, 2024

    10th Circ. Vacates Netflix Fee Award In 'Tiger King' IP Row

    The Tenth Circuit on Thursday vacated an attorney fee award for Netflix in a copyright suit brought by a zoo employee whose footage was used in the show "Tiger King," just one day after the circuit court widely upheld the streaming giant's summary judgment win.

  • March 28, 2024

    Fed. Circ. Won't Stop Sales Of Heart Valve Testers

    The Federal Circuit held Thursday that a California federal judge wasn't wrong to deny an injunction request after declaring that a "substantial question of validity" had been raised over a patent covering a way of testing the durability of a heart valve.

  • March 28, 2024

    Special Master Suggests Denying Bid To Toss Gaming IP Row

    A special master in the Northern District of Georgia has recommended denying an attempt to throw out patent infringement and trade secret claims that New York-based sports tech company Vetnos LLC has lodged against Atlanta-based rival PrizePicks.

  • March 28, 2024

    ITC Judge Recommends General Exclusion In Wallet IP Case

    A U.S. International Trade Commission judge has found that a pair of Chinese companies flouted U.S. law by importing certain types of wallets, saying the imports should be banned.

  • March 28, 2024

    Fitness Firm Wants TTAB To Ax Mountain Bike Co.'s TMs

    Workout products company Rogue Fitness has urged an Ohio federal judge to make the U.S. Patent and Trademark Office cancel a mountain bike seller's registration for its "Rogue Ridge" mark, arguing the USPTO's internal appeals board wrongly refused to do so when the fitness company objected.

Expert Analysis

  • 10 Lessons From A Deep Dive Into IP Damages

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    Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Expediting Psychedelics Approvals In The EU, UK, Australia

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    Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.

  • Opinion

    Gilead Ruling Signals That Innovating Can Lead To Liability

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    A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.

  • Understanding And Working With The Millennials On Your Jury

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    Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.

  • Opinion

    Vidal Should Amend USPTO Precedent In Automaker Review

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    U.S. Patent and Trademark Office Director Kathi Vidal's recent decision to review Ford and Honda patent challenges that were rejected by the Patent Trial and Appeal Board provides an opportunity to revisit precedents that have unfairly denied companies a fair review process and align them with commonsense principles of legal equity, says former Sen. Patrick Leahy.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Considering A Practical FRAND Rate Assessment Procedure

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    As the debate over a fair, reasonable and nondiscriminatory rate continues inside and outside courtrooms, a practical method may assess whether the proposed FRAND rate deviates significantly from what is reasonable, and ensure an optimal mix of assets for managers of standard-essential patent portfolios, says consultant Gordon Huang.

  • How AI Inventorship Is Evolving In The UK, EU And US

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    While the U.K. Supreme Court's recent decision in Thaler v. Comptroller-General is the latest in a series of decisions by U.K., U.S. and EU authorities that artificial intelligence systems cannot be named as inventors in patents, the guidance from these jurisdictions suggests that patents may be granted to human inventors that use AI as a sophisticated tool, say lawyers at Mayer Brown.

  • How Biotech Cos. Can Utilize Synthetic Royalty Financing

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    Synthetic royalty transactions have been on the rise as a funding structure for biotechnology companies, but questions have arisen surrounding how such transactions work, and structuring them correctly requires a nuanced understanding, say Todd Trattner and Ryan Murr at Gibson Dunn.

  • Copyright Lessons Following Ruling In Artist AI Suit

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    The recent California district court ruling in Andersen v. Stability AI — that artists needed to specify how the training of artificial intelligence tools violated their copyrights — shows that lawyers on either side of generative AI matters must carefully navigate copyright issues including temporary copying and data sourcing, says Carlos Araya at Magnolia Abogados.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • Fed. Circ. In Jan.: One Word Can Affect Claim Construction

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    The Federal Circuit's recent Pacific Biosciences v. Personal Genomics decision highlights how even construction of a simple term can be dispositive, and thus disputed, in view of the specific context provided by the surrounding claim language, say Jeremiah Helm and Sean Murray at Knobbe.

  • The State Of Play In NIL, Compensation For Student-Athletes

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    Recent NCAA developments — including name, image, and likeness legislation and a governance and compensation proposal — reflect a shift from the initial hands-off approach to student-athletes' NIL deals and an effort to allow colleges to directly compensate student-athletes without categorizing them as employees, say attorneys at Pillsbury.

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