Intellectual Property

In recent decades, the judicial processes in the United States have undergone significant changes, influenced heavily by the decisions and directions of the U.S. Supreme Court. These changes, which span from modifications in summary judgment standards to shifts in notice pleadings, have largely affected the substantive rights of individuals. As we approach the upcoming presidential…

In a significant legal development, Western Digital has been accused of infringing a patent owned by SPEX Technologies, potentially owing up to $334 million. This accusation emerged during the opening statements of a federal trial in California, as articulated by SPEX’s attorney. It is claimed that Western Digital has profited from selling portable data security…

In a recent development, a California federal judge has approved Masimo’s request for a bench trial in its trade secrets disagreement with Apple. The decision highlights that bench trials are typically granted when plaintiffs seek only equitable relief, and Apple was unable to persuade the court to break away from this convention. The judge’s decision…

In a recent discussion at the University of California, Berkeley, a Federal Circuit judge candidly expressed his concerns about the rise of artificial intelligence in the legal sector. Describing AI tools as “a little alarming and frightening,” he nonetheless acknowledged their potential utility in patent disputes. Specifically, the judge highlighted how these technologies could be…

Illumina Inc., a prominent biotechnology firm, has petitioned a federal court in New Jersey to demand liquidated damages of $200,000 from a former graduate student. The request follows allegations that the student has not engaged with efforts to settle his accusations that legal representatives from Latham & Watkins LLP and Akin Gump Strauss Hauer &…

In a recent legal development, US Synthetic Corp. has approached the Federal Circuit, seeking a reversal of a U.S. International Trade Commission (ITC) decision. The Utah-based company argues that the ITC erred in allowing rivals to import a diamond oil drilling tool material, which allegedly infringes upon US Synthetic’s intellectual property rights. The company contends…

In recent Supreme Court proceedings, Justice Ketanji Brown Jackson notably held back during initial discussions regarding the federal government’s authority over ghost guns. The debate centered on whether kits of unassembled parts can be classified as firearms. Deviating from the ongoing discussion, Justice Jackson posed a critical question about the judicial power to dismiss agency…

The Federal Circuit panel recently examined arguments presented by a German medical supplier regarding the trade dress of hip joint implants that incorporate the color pink. The supplier argued that “late-breaking research” indicates that the pink appearance of the implants is not as functional as the company once asserted in marketing claims. This case raises…

The U.S. Court of Appeals for the Second Circuit has upheld a decision in favor of Warby Parker in a legal dispute involving 1-800 Contacts Inc. The court found that Warby Parker did not infringe upon 1-800 Contacts’ trademarks by purchasing advertisements on search engines with keywords associated with the contact lens company. This ruling…

In a recent legal development, a professional photographer has appealed to a New York federal judge, asserting that a sculpture company should not be eliminated from his lawsuit regarding the unauthorized utilization of a copyrighted photograph. The image in question was allegedly used without permission to create a statue honoring legendary Detroit Lions running back…

Rock band Limp Bizkit has filed a lawsuit against Universal Music Group Inc., seeking over $200 million in damages. The band alleges that Universal Music Group developed and utilized technology designed to obscure royalties owed to artists while retaining greater profits for itself. This legal action highlights ongoing tensions in the music industry regarding transparency…

The U.S. Court of Appeals for the Third Circuit has handed back a case involving accusations of false advertising against medical test manufacturer Natera to the district court for further investigation. The appellate panel wants the district judge to assess whether there was adequate evidence for a jury to conclude that eight of Natera’s advertisements…

In a recent legal development, former clients of BakerHostetler have strengthened their argument to have a lawsuit moved to Georgia state court. The suit alleges that the law firm mishandled a patent application concerning a smart wardrobe system. The clients argue that the case does not involve questions of patent law, which would require it…

A Connecticut state court judge has provided clarification on the extent of licensing restrictions imposed on the foundation established by actor Paul Newman. The judicial decision specifies that the foundation is prohibited from licensing Newman’s publicity and intellectual property rights to universities, nonprofit organizations, studios, publishers, or luxury brands for advertising purposes. This clarification comes…

The Federal Circuit has resuscitated a patent lawsuit concerning Aetna’s Visa- and Mastercard-branded debit cards, setting a precedent for the review of certain dismissal decision aspects on appeal. This legal development underscores the evolving nature of patent litigation appeals and highlights ongoing complexities in the financial services sector. For a more detailed exploration, refer to…

A North Carolina federal judge recently criticized a weight loss center, a hospital, and a community health provider for attempting to seal a substantial amount of information in a trademark infringement lawsuit. The judge drew parallels to the “star chamber,” the secretive medieval court known for its lack of transparency. This development is part of…

Legal counsel representing a former UCLA electrical engineering professor has approached the Ninth Circuit with a request to revisit and potentially reduce a seven-year prison sentence. The professor was sentenced for the illegal export of high-powered semiconductor chips to China, a case that has raised questions regarding the interpretation of national security controls. The defense…

Public art installations are increasingly becoming a focal point in new real estate developments, enhancing both aesthetic value and community engagement. These installations offer various benefits, such as increasing property value and providing cultural significance to public spaces. However, the commissioning of public art requires careful legal and contractual considerations. Key elements such as artist…

The Patent Trial and Appeal Board (PTAB) has developed a notable approach over the past decade when it comes to evaluating prior art exceptions under 35 U.S.C. § 102(b). A key takeaway in this ongoing assessment is the PTAB’s inclination towards accepting evidence of common ownership as a viable method to disqualify prior art under…

Renowned law firm Axinn Veltrop & Harkrider LLP has announced a strategic image rebrand in anticipation of its upcoming move. The firm plans to relocate its New York office to the prestigious Rockefeller Center by the end of the year. This relocation and rebranding effort signify Axinn’s commitment to maintaining a strong presence in the…

The strategic intricacies of the board game Diplomacy, set in pre-World War I Europe, provide valuable lessons for practicing law, argue Jason Osborn and Ben Bevilacqua at Winston & Strawn. Much like the legal arena, Diplomacy’s rules are known for their complexity and lack of clarity. Engaging in regular gameplay sessions with colleagues, the authors…