Apple Inc. and the U.S. Patent and Trademark Office (USPTO) have disclosed that they are in the process of resolving a case involving the tech behemoth’s application for the “Smart Keyboard” trademark. The two parties reported to a Virginia federal judge that they’ve come to an ‘agreement in principle’ following the USPTO’s initial denial of…
The U.S. Patent and Trademark Office (USPTO) has recently been in the spotlight following its sua sponte director review of the Patent Trial and Appeal Board’s (PTAB) ruling in a case between Patent Quality Assurance LLC and VLSI. The case is seen by many as a potent reminder of the critical importance of clarity and…
A distinguished patent attorney has petitioned the Ninth Circuit to reconsider and reverse a California federal court’s verdict dismissing his lawsuit against Allergan, a multinational pharmaceutical company known for products like Botox. The suit pertains to patents involving dementia drugs. While details of the lawsuit remain intricate, the attorney’s appeal is particularly noteworthy because it…
The proliferation of generative artificial intelligence (AI) in the workplace has brought a plethora of new challenges and opportunities. The use of AI to execute job tasks can greatly enhance efficiency and productivity, but it also carries considerable risks and complications that employers must mitigate. Legal professionals Randi May and John Walpole from Tannenbaum Helpern…
In a recent ruling that may have substantial implications for the artificial intelligence (AI) industry, the Federal Circuit Court of Appeals invalidated seven patents owned by an AI technology company. The striking down of these patents was facilitated by the application of the two-step Alice test. The detailed discussion of this decision can be heard…
On July 17, 2023, a report from JD Supra shed light on a recent development in patent infringement law, providing valuable insight for legal professionals specializing in intellectual property disputes. It seems the Patent Trial and Appeals Board (“PTAB”) exercised its discretionary powers under 35 U.S.C. § 314(a) to deny the initiation of an inter…
The past week has been notably litigious in London, with a series of lawsuits making headlines across Britain’s legal landscape. In a noteworthy turn of events, a faltering funeral plan business lodged a claim against a former director, while decorated gambling hall operator, MaxBet, strategically sidestepped into the battleground with two fresh claims pertaining to…
This August 2023, Sterne Kessler’s MarkIt to Market® has published its newsletter that wraps up their series regarding the potential ways a firm can lose its trademark rights. This edition, the highlight of the discourse centers around an investigation into ‘naked licensing’. Naked licensing happens when a trademark owner grants permission to another party to…
Vorys Sater Seymour and Pease LLP, a prominent law firm, is strategically bolstering its team in Texas, with a notable addition from Sheppard Mullin Richter & Hampton LLP. The firm recently appointed a distinguished intellectual property attorney from Sheppard Mullin as a partner in its Houston office. The move demonstrates Vorys’ endeavor to expand its…
The fascinating world of Generative AI, prominently manifested through ChatGPT, is increasingly encroaching on public awareness. Its rise is spurring an interesting mix of potential fear and promise in regard to the future of work. As its relevance in the professional world becomes more profound, it opens up new opportunities for removing some traditionally tiresome…
The owner of a Texas patent company is making the case to Delaware’s top judge, asking for a temporary stay on penalties until her appeal with a federal court can be heard. She contends the impact of an estimated $36,000 in fines would prove “particularly onerous”, given the passing of her husband earlier in August…
In a recent development, Monster Energy, a well-known beverage company, lost a sophisticated challenge at the United States Patent and Trademark Office’s Trademark Trial and Appeal Board (TTAB). The case revolved around a Florida-based vape company filing a trademark application for the phrase “Ice Monster” to represent a new range of e-cigarette products. Monster Energy…
The recent decision by the Federal Circuit that patents related to each other can be voided for double patenting when they lapse on different dates due to setbacks at the patent office is expected to generate more invalidity attacks. This new situation compels patent proprietors to reconsider their filing strategies and adjust their portfolios, according…
Virtu Financial Inc. has filed a lawsuit against a former top-ranking executive to prevent his transition to a rival firm as a Chief Technology Officer. The firm alleges that his intimate understanding of its foundational trading platform could provide a competitive advantage for the adversary company. While a result of the lawsuit is still pending,…
The Fifth Circuit has ruled in favor of a realty firm in a copyright infringement case related to the development of a senior living facility in Texas. The case pertained to the alleged infringement of architectural schematics’ copyright. This ruling came after an in-depth legal analysis of an agreement between the realty firm and the…
In a recent development impacting the corporate legal landscape, a Georgia federal judge has partially dismissed a lawsuit lodged by a startup against renowned fruit gift arrangement company, Edible Arrangements, on the grounds of intellectual property theft. Notably, the court has made significant trims to the case, specifically omitting copyright and trade secret claims, on…
In a recent development, a company aiming to commercialize patents that were granted to a former leading researcher for a company that has since been acquired by a prominent chipmaker has decided to settle a lawsuit against tech giant Intel. The suit was slated to be taken to a jury in Waco, Texas, in the…
In a recent ruling, the U.S. District Court for the District of Columbia determined that AI-generated works do not fulfill the “authorship” requirement needed for copyright protection, even if human prompting is involved. This verdict provides a crucial clarification on the status of AI and copyright laws within the United States. This decision came to…
Recently, VPR Brands issued a notable challenge to a Georgia federal court, requesting a dismissal of counterclaims alleging that its latest product violated the intellectual property rights of Elfbar, an e-cigarette produced by a Chinese manufacturer. The crux of VPR Brands’ argument is that there is nothing deemed "distinctive" in the "shape, coloring, font [or]…
Recent developments in trademark law have highlighted the challenges associated with translating creative works into other languages and the legal implications this brings. In particular, a precedential opinion by the US Patent and Trademark Office’s Trademark Trial and Appeal Board emphasized the intricate nature of intellectual property rights and their limitations. The case, which involved…
In a recent development reported by Law360, a Connecticut federal judge repudiated another attempt by a food safety technology corporation seeking to interrogate the leading executive of a rival firm accused of encroaching on two patents. According to the Law360 report, the judge ruled that the testimony of the rival company’s executive would not likely…
In a recent U.S. District Court ruling, it was determined that artwork generated by AI (Artificial Intelligence) systems are not eligible for U.S. copyright registration. This decision, that emerged from the case of Thaler v. Perlmutter, hands a significant victory to the United States Copyright Office and its position that copyright protection can only be…
Jones Soda Co., popular for its unique beverage flavors, now finds itself embroiled in a patent lawsuit. A company based in California has lodged allegations against Jones Soda Co., claiming it has infringed upon a patented augmented reality technology. This technology has been employed by Jones Soda to create digital animations for its bottle labels,…
In what continues to be a barrage of patent infringement lawsuits, Tesla once again finds itself defendant for the third consecutive month, with the latest action filed on August 4, 2023. Graphite Charging Company LLC, the entity responsible for the recent lawsuit, submitted the action in the Western District of Texas. This is the latest…
In a comprehensive piece by Michael Lehet published on Law360, the role and responsibilities of knowledge management attorneys at law firms are given a deep dive. For the unacquainted, these professionals play a pivotal role in organizing and leveraging the legal knowledge within organizations to ensure its best use.[1] Practicing law isn’t only about creating…