Intellectual Property

Protein powder producer Orgain has failed in its efforts to amplify the $10 million jury award it received in a trade dress violation lawsuit against a competitor. This decision was upheld by a California federal court, with the presiding Judge stating she would not sanction a ‘massive windfall’ to the claimant. In a trade dress…

Four artificial intelligence companies facing a proposed class action lawsuit are pushing for an end to the case in a California federal court. The entities, renowned for designing and selling AI software capable of creating art via prompts, assert the plaintiffs — a group of artists — have not provided substantial evidence of copyright infringement….

In the latest development surrounding the iconic ‘Top Gun’ franchise, Paramount Pictures is pushing a California federal court to dismiss a lawsuit filed against it by the actor who portrayed the character Henry “Wolfman” Ruth in the original film. The studio’s stance is premised upon its assertion that it retains full rights to the ‘Wolfman’…

In May, it will be a year since the U.S. Supreme Court made the decisive ruling in the Andy Warhol Foundation for Visual Arts Inc. v. Goldsmith case. This ruling was widely interpreted as a possible deterrent to creative endeavors as it established that Andy Warhol’s silkscreen prints of musician Prince, based on a photograph…

The Federal Circuit recently declined an en banc review of In re: Cellect, a consequential decision regarding obviousness-type double patenting (ODP). This outcome underscores the generally recognized principle that divisional patents and patents garnered with patent term extension cannot be invalidated predicated on ODP. This recent development should prompt holders of patent families to conscientiously…

In this week’s legal news, the National Collegiate Athletic Association (NCAA) drastically altered its policy by suspending limitations on athletes switching schools and on their ability to earn from their name, image, and likeness. In tandem with NCAA news, the trans sports ban enforced in West Virginia is confronted by the Fourth Circuit Court. Additionally,…

In a recent development, the Royal Mail has lodged a formal accusation against a software developer, charging the latter with allegedly misappropriating its postcode database to establish an independent address-finding company. The specifics of the allegation and the corresponding legal implications remain unclear due to the absence of further available details. Existing information hints at…

The past week has been a busy one for the legal scene in London. Prominent cases have highlighted the ever-evolving landscape of litigation in one of the world’s biggest legal markets. UK holiday resort chain Butlins has moved against Aviva and a conglomerate of insurers in a case that has garnered attention. Simultaneously, the technology…

An artificial intelligence (AI) researcher is currently suing Amazon over alleged labor law infractions. The researcher claims that in Amazon’s rush to catch up with competitor companies within the AI sphere, the tech giant directed her to disregard copyright laws during the development of its large language models. In the researcher’s claims, it is indicated…

The U.S. Patent and Trademark Office (USPTO) has unveiled its plan to modify the existing Patent Trial and Appeal Board (PTAB) rules. As part of the proposed changes, the USPTO aims to codify current policies regarding instances when multiple challenges to a single patent are permitted. The plan also involves the establishment of a new…

The Tenth Circuit upheld a lower court’s decision on Thursday that the use of the name “Erica” by Bank of America’s virtual assistant services did not infringe the trademark of an online movie database, identified by the service mark “E.R.I.C.A”. In its ruling, the court stated that the plaintiff was not able to compellingly demonstrate…

In a recently concluded patent litigation case, U.S. District Judge Alan Albright dismissed a request from tech giant, Dell, for attorney fees from the plaintiff. The judge’s refusal was based on the fact that Dell had not previously submitted any motion seeking such payments, despite characterizing the patent lawsuit as both “frivolous” and “meritless”. In…

In a noteworthy development, the Patent Trial and Appeal Board (PTAB) has favored Samsung’s arguments over a patent claimed by chip manufacturer Netlist. The board concluded that one of Netlist’s claims was invalid, following its earlier ruling in favor of Samsung, where it found that a prior lawsuit by Netlist against Google didn’t impede Samsung’s…

Suspended U.S. Circuit Judge Pauline Newman remains unsuccessful in establishing that the Judicial Conduct and Disability Act lacks any constitutional grounds, therefore calling for it to be invalidated, according to the Federal Circuit’s judicial council. The recent assertion was put forth to a judge at the D.C. federal court this Thursday. The Act forms a…

A Georgia-based cargo company has recently appealed to the Eleventh Circuit, requesting a decision reversal over a massive $15 million judgment previously awarded to a competitor for alleged trademark violations. In its plea, the cargo firm is sternly arguing that the intellectual property that it’s accused of infringing is, in essence, generic. This assertion, if…

A recent bid by Oakland, California to rename its airport as the “San Francisco Bay Oakland International Airport” has met with resistance from the city of San Francisco. The latter has expressed concerns that such a change would not only confuse travelers but also illegally use the name of the San Francisco International Airport. This…

In a recent decision by the Patent Trial and Appeal Board (PTAB), a small cybersecurity company handling litigation in Virginia federal court against larger tech entities was not able to prevent the invalidation of two of its patents. These patents specifically pertained to methods of addressing “evolving” online security threats, along with several other areas….

In a recent development unfolding in Florida federal court, a magistrate judge has suggested that aviation firm AerSale should prevail on its contention that it did not infringe upon three Jetaire patents. Furthermore, the judge put into question the validity of the patents themselves. This comes as part of an intense patent suit launched by…

In a recent case involving the late-night television host, Jimmy Kimmel, and former congressman George Santos, a stance was made on the use of comical video clips in light of the U.S. copyright law. Representing Kimmel, an attorney defended the action in front of a Manhattan federal judge, arguing that the broadcasting of ‘patently ridiculous’…

The ongoing legal tangle between Clemson University and the Atlantic Coast Conference (ACC) in South Carolina state court has caught major attention. Clemson has challenged the ACC’s $140 million exit fee and its ownership of member schools’ media rights – a case that, depending on its outcome, could evolve into significant implications for ACC members….

In the realm of biotech investment, there has been a notable development; struggling biotechnology company, NanoString, is slated to be acquired by the scientific instrument manufacturer, Bruker Corp. The deal came to light via a notice filed in Delaware’s bankruptcy court and involves a cash transaction of approximately $393 million. With such a hefty price…

In the ever-evolving legal landscape of artificial intelligence (AI), the U.S. Patent and Trademark Office (USPTO) recently published its guidance on the use of AI-based tools in practice before the USPTO. A noteworthy element in the guidelines is the emphasis on the duty of candor and good faith, which has been highlighted as a foundational…

A former partner at Greenberg Traurig LLP has been denied a request for a cyberstalking injunction against a social media influencer by a Florida state judge. The judge stated on Wednesday that the petitioner did not provide sufficient evidence to warrant the injunction. The Greenberg Traurig ex-partner sought legal recourse citing cyberstalking, a criminal activity…