In a recent trial, American Airlines Inc. alleged that airfare search engine Skiplagged Inc. caused financial damages totaling $18 million by falsely presenting itself as an authorized agent of the airline. The legal battle, which is currently unfolding in a Texas courtroom, centers on the purported misrepresentation by Skiplagged. However, Skiplagged countered these accusations, arguing…
In a legal victory for Apple, a Delaware federal judge has determined that the tech giant did not engage in deception of the U.S. Patent and Trademark Office (USPTO) while securing design patents. This decision undercuts crucial allegations made by Masimo Corp. during an ongoing dispute concerning the competitive landscape of smartwatches. The ruling marks…
In a recent legal development, a Kentucky federal judge has rejected PetSmart’s request to narrow the scope of a dog food company’s intellectual property lawsuit against the retailer. The case, which involves complex trademark issues, is set to proceed as it qualifies for a legal exception. This exception permits judicial intervention in ongoing matters before…
Atrium Medical Corp. is pushing for the full Ninth Circuit Court of Appeals to reexamine a panel decision that favored C.R. Bard Inc. in a high-stakes legal battle over patent royalty agreements. The $52.8 million lawsuit hinges on claims of patent misuse, where Atrium argues that the panel overlooked critical evidence and the district court’s…
In a recent development, the U.S. International Trade Commission’s chief judge has advised the agency to enforce a significant restriction on a Hong Kong-based drug developer. The recommendation involves a seven-year prohibition against the company marketing unapproved treatments for a specific liver disease, which could represent a strategic win for a competing company that is…
An attorney for Purdue Pharma faced challenges at the Federal Circuit as he defended the patents for the company’s abuse-deterrent formulation of OxyContin. During the proceedings, the attorney argued that the patents were not obvious despite contentions from opposing parties, emphasizing that rival companies had the chance to develop similar solutions but failed to do…
The ongoing dispute surrounding the iconic hip-hop group 2 Live Crew has taken a new turn as the owner of Lil’ Joe Records recently testified in court. During his testimony, he asserted that the group members were indeed employees of the label at the time they created their hit songs. This assertion aims to establish…
Mylan Pharmaceuticals and Novo Nordisk have announced a resolution to their patent dispute concerning Ozempic, a highly-reputed drug used for diabetes and weight-loss management. Both companies have requested that the Patent Trial and Appeal Board terminate Mylan’s petition for a patent review, signaling an agreement between the two parties on the patent’s validity. The conflict…
In a move aimed at addressing potential abuses in the legal system, a top Republican member of the House Judiciary Committee introduced new legislation mandating the disclosure of parties receiving payments in civil lawsuits. This legislative initiative focuses on a legal phenomenon known as “third-party litigation financing” where entities not directly involved in a lawsuit…
Chief Massachusetts U.S. District Judge F. Dennis Saylor IV has announced his intention to step back from full-time judicial service next summer. Over the years, Judge Saylor has overseen a series of prominent cases that have attracted attention in legal circles. Among these is a significant dispute concerning the U.S. Securities and Exchange Commission’s disgorgement…
A recent legal controversy has emerged in Connecticut, where a home security monitoring company alleges that a sales contractor engaged in data misappropriation. According to the firm, the contractor obtained a list containing 20,000 accounts from a service technician, subsequently attempting to enlist a colleague to assist in selling this sensitive information to competitors. This…
In a recent development in the tech industry, a federal jury in Austin, Texas, has concluded that Apple Inc. did not infringe on digital identity patents. The case was brought forth by a longtime ExxonMobil employee, demanding $361 million in damages. The accusations targeted cybersecurity hardware utilized in Apple’s iPhones. The jury’s decision marks a…
In a recent decision by the Court of Federal Claims, a judge has rejected a protest against a sole-source contract awarded by the Defense Logistics Agency (DLA) to Boeing. This $3.3 million deal involves the supply of helicopter spare parts. The protesting party claimed it could also fulfill the requirements stipulated by the DLA. However,…
In recent years, patent litigation in the United States has experienced substantial transformation, highlighted by a significant drop in filing numbers and a change in preferred legal venues. This shift in the patent landscape demands a more strategic approach to patent disputes as litigation hot spots continue to evolve. These findings are discussed by Saishruti…
A California federal judge has given preliminary approval to the NCAA’s revised antitrust settlement, amounting to $2.78 billion, in the ongoing legal battle with athletes concerning compensation for name, image, and likeness (NIL) rights. The settlement awaits a final approval hearing on April 7, 2025, which coincides with the NCAA men’s basketball national championship game…
In a notable lateral move, the former chair of Willkie Farr & Gallagher LLP’s tech patent litigation group has transitioned to Covington & Burling LLP’s Washington, D.C., office. With over two decades of experience in litigating complex computer hardware and software matters, his expertise is expected to further bolster Covington’s capabilities in technology and intellectual…
The U.S. Supreme Court is set to address several significant cases this term, capturing the attention of trial attorneys nationwide. Among the notable cases is a profound examination of a death penalty issue involving a state-disavowed conviction. Additionally, the justices will explore the limits of the Racketeer Influenced and Corrupt Organizations Act, alongside a potentially…
The U.S. Supreme Court has decided not to take up a copyright dispute involving a musician who has accused the Canadian rock band Nickelback of copying his work for their popular song “Rockstar.” The musician claimed that Nickelback’s hit song was a direct imitation of his own composition. This legal impasse leaves the musician at…
The U.S. Supreme Court announced it will not review whether the U.S. Patent and Trademark Office (USPTO) is obligated to seek public input before enacting a rule that mandates trademark applicants to provide their home addresses. This decision leaves the existing requirement intact, effectively sidestepping an examination of the procedural aspects behind the rule’s implementation….
Indranil Mukerji has joined Covington & Burling LLP as a partner in their patent litigation practice, the firm announced this Monday. This marks a significant addition to Covington’s Washington-based team, which is set to enhance the firm’s capabilities in navigating complex intellectual property disputes. Mukerji brings with him a wealth of experience in handling both…
The U.S. Supreme Court recently declined to hear several patent-related appeals, marking a key decision point for issues in the realms of double patenting, patent eligibility, and procedures connected to the Patent Trial and Appeal Board. This decision leaves in place the rulings of lower courts, touching on significant areas of patent law that continue…
In a recent legal development, U.S. District Judge Frank D. Whitney of the Western District of North Carolina approved a consent judgment on October 1 in a notable patent dispute. The case, initiated by Power Probe, a company based in Charlotte that manufactures tools for auto technicians, was filed against Toolsmart Limited, a company headquartered…
In the ongoing debate over the intersection of artificial intelligence and copyright law, artist Jason Allen has appealed a denial of copyright protection for his AI-generated artwork, “Théâtre D’opéra Spatial.” Allen, who created the piece using the AI tool Midjourney, argues that his creative process comprises a degree of human authorship sufficient to warrant copyright…
As the U.S. Supreme Court convenes for its October 2024 Term, several pivotal cases are poised to capture the attention of legal professionals and governmental institutions. These cases have the potential to significantly impact the evolving landscape of administrative law, address constitutional rights concerning gender-affirming care for transgender minors, and alter federal regulatory powers over…
Adam G. Unikowsky, a partner at Jenner & Block LLP, has demonstrated his remarkable ability to reach the upper echelons of U.S. Supreme Court advocacy. Despite following a traditional path including education at Harvard and prestigious clerkships, Unikowsky’s approach to law is anything but conventional. In a recent discussion with Law360, he shared insights into…