The US Court of Appeals for the Federal Circuit recently affirmed the dismissal of a lawsuit related to subject matter eligibility, thrusting the legal community into discussions about intellectual property law interpretation. The lawsuit in question, Realtime Data LLC v. Array Networks Inc., Case No. 2021-2251, was thrown out based on an Alice two-step analysis…
A Connecticut-based law firm is claiming it was targeted in an extortion scheme by an internet-based photo provider. It alleges that the scheme, assisted by a Serbian national and a lawyer from another firm, attempted to extort over $6.5 million from the firm. Read more here.
In a recent court proceeding that emphasizes the potential financial impact of trademark infringement, the United States Court of Appeals for the Sixth Circuit affirmed a district court’s award of profits, costs, and attorneys’ fees to the trademark holder, while outlining the legal principles and considerations involved. The case, La Bamba Licensing, LLC v. La…
The director of CyberRoot Risk Advisory Private Ltd. has vehemently denied allegations that the Indian tech company engaged in cyberhacking activities targeted at an unnamed airline executive. The illicit activities were allegedly conducted at the behest of an undisclosed private investigator, believed to have been hired by Dechert LLP, and an ex-partner of the firm….
In the recent case of Microsoft v. ThroughPuter, the Patent Trial and Appeal Board (PTAB) shed light on the public accessibility rule when it comes to using printed publications as prior art in patent proceedings. The case demonstrated a rigorous application of the Federal Circuit’s burden of proof for parties aiming to invalidate a patent…
In early 2023, the U.S. Department of Justice and the U.S. Department of Commerce initiated the Disruptive Technology Strike Force. This entity was created with the purpose to “target illicit actors, strengthen supply chains and protect critical technology assets from theft by nation-state adversaries”. A surge in the enforcement of trade secret theft and export…
In a recent case, the US Court of Appeals for the Fifth Circuit disrupted the calm seas of trademark law. They reversed a district court’s trademark invalidity finding due to lack of subject-matter jurisdiction. This jurisdictional question arose because a covenant not to sue (CNS) issued by the trademark owner successfully deflected any potential future…
In a push to safeguard domestic trade secrets against infringement by foreign entities, the U.S. Congress recently enacted the Protecting American Intellectual Property Act of 2022, 35 USC § 1709 (PAIPA). This piece of legislation underscores Congress’s steadfast approach and aggressive stance on intellectual property protection. PAIPA dictates the use of sanctions, selected from a…
In an era where thought leadership has increasingly become instrumental in shaping legal practices, the legal profession needs to recognize one critical fact – true growth comes from not just focusing on current clients but also, on the clients of tomorrow. As we navigate this process, the necessity to drive legal conversations and shape arguments…
Barnes & Thornburg LLP, a prominent law firm, is currently expanding its team based in California. As part of this initiative, a veteran attorney specializing in the music and entertainment sectors from Wolf Rifkin Shapiro Schulman & Rabkin LLP has joined its Los Angeles office as a partner. The specifics of this move remain unclear,…
The Federal Circuit has dismissed a petition for rehearing in the case involving WeatherTech. The court had previously invalidated two patents linked to the WeatherTech brand of floor mat. Interestingly, these patents were originally upheld at the Patent Trial and Appeal Board. The dismissal means that the Federal Circuit’s previous decision to invalidate these patents…
In a recent trademark dispute case, the Fourth Circuit Court confirmed that an Atlanta hotel and real estate developer is to pay an engineering firm $48 million. The fine was levied for the inadvertent use of the same name as the engineering firm, ‘Dewberry.’ Despite the affirmation from the Fourth Circuit, moral contention was apparent,…
In a long-winded patent battle among industry giants Intuitive Surgical and Johnson & Johnson subsidiary Auris, there has finally been a resolution. The two entities have agreed to settle a nearly five-year lawsuit regarding accusations of infringement on various surgical robot patents. The agreement thereby concludes a span of protracted litigation that began back in…
Generative Artificial Intelligence (AI) platforms and large language models are transforming organizations, altering traditional work norms and increasing productivity. Yet, they also bring complex legal ramifications, challenging in-house counsel to navigate this novel landscape. This issue is particularly significant for firms with an enhanced need to shield their Intellectual Property. This precis aims to underline…
The advent of readily accessible artificial intelligence (AI), and particularly generative AI (GAI), has transformed key aspects of business operations ranging from crafting slogans to creating music and art. Alone, these uses represent an exciting frontier in technological capability, but practitioners must be mindful of considerable, still-evolving, legal risks. Specifically, businesses employing GAI for public-facing…
Meta Platforms Inc. and a Boston-based artificial intelligence company have reached an agreement, settling a suit alleging intellectual property theft by Meta from the startup. The parties informed a Massachusetts federal judge of their settlement on Tuesday, just a month before the trial was scheduled to commence. The suit accused Meta of unscrupulous tactics, alleging…
The landscape of foreign trademark infringement has experienced a significant shake following the U.S. Supreme Court’s end-of-term decision in Abitron v. Hetronic. It has presented new challenges for brand owners and courts who are struggling to understand the implications of the ruling and how it affects the application of the federal Lanham Act in global…
Ever since the United States Customs and Border Protection (CBP) designated intellectual property rights (IPRs) as a priority trade issue, the agency has seized billions of dollars in counterfeit goods. According to the JD Supra report, in 2021 and 2022, CBP seized counterfeit goods worth $3.3 billion and $2.98 billion respectively. In the light of…
In a noteworthy instance of patent law, the Patent Trial and Appeal Board (PTAB) has denied an institution petition from Mercedes Benz USA, disputing the filing date of a challenged patent held by Westport Fuel Systems Canada Inc. The case in question, Mercedes-Benz USA, LLC v. Westport Fuel Systems Canada Inc, Case IPR2023-00351, unfolded earlier…
The editor-in-chief of technology news website Gizmodo has entered a legal dispute with tech giant Apple Inc., accusing the company of plagiarising his 2016 published book, “The Tetris Effect”, in their latest release, a film titled “Tetris.” In a statement, the Gizmodo chief editor claimed that the Apple-produced film is “substantially similar in almost all…
Cellspin, the patent owner, is persistently urging the Federal Circuit to retroactively disqualify a California federal judge from an intellectual property dispute involving Fitbit LLC, a unit of Google. Moreover, the company makes an argument that the outcome of the case may have extensive implications for the United States’ judicial system. In various legal scenarios,…
In a significant unfolding event within American intellectual property law, Cellspin is maintaining its effort to have the Federal Circuit retroactively disqualify a California federal judge from a suit that involved the Google unit, Fitbit LLC. As reported by Law360, the patent holder argues that this case has widespread ramifications for the American judicial system….
Online churches have emerged as a new area where legal issues are surfacing, the most recent one being a trademark dispute. Recently, an online church presented its case in front of a Federal Circuit panel, challenging the legal setback it had encountered trying to trademark the phrase “get ordained.” Quick to draw attention was the…
The producer of a Kim Kardashian-themed energy drink has raised allegations of copyright infringement against a competitor in the beverage industry, along with a social media influencer. This battle over image rights was ignited after the rival company used an image strongly resembling the copyrighted, Kardashian-endorsed visual to hawk its own pink-hued beverage on Instagram….
In an effort to keep the global legal community informed on the latest happenings within the field, it is important to note the recent August 2023 issue of the Troutman Pepper Weekly Consumer Financial Services Newsletter. Given the weight of its influence, the update showcases some of the most impactful events at federal and state…