In a recent development in the art world, a case in the Second Circuit has reignited the debate around the intersection of intellectual property rights and contentious artwork. The heart of the controversy is whether or not an artist’s rights under the 1990 Visual Artists Rights Act (VARA) are violated when a contentious piece of…
In a recent proceeding at the Patent Trial and Appeal Board (PTAB), the case of Roofr Inc. v. Eagle View Technologies Inc., IPR 2023-00437, took an unexpected turn when the PTAB denied institution of inter partes review of a patent associated with determining the pitch of roofs. This decision was based on the failure of…
In the world of competitive corporate law, the utilisation of non-compete agreements has been a common and often controversial method for employers to protect intellectual property, safeguard business relationships, and inhibit workforce mobility. However, recent developments in federal and state legislation, particularly from the Federal Trade Commission (FTC), have raised questions about the future of…
In recent years, Africa has emerged as a formidable player in the global market, bringing to the forefront an investment case that cannot be ignored. Its rapidly growing population and bustling economic activity are factors that make the continent exceptionally compelling for international investors and law firms. According to recent projections, Africa’s population, which currently…
In a fresh legal dispute, the author of the nonfiction book, The Tetris Effect, Dan Ackerman, is suing tech giant Apple, along with the Tetris Company and various other parties. The lawsuit was filed following the release of the Tetris film on Apple’s streaming platform, Apple TV+, in March 2023. This information has been reported…
As multinational technology companies and startups expand their global footprint, the necessity to assign intellectual property (IP) rights from software developers located in different countries increases. This process is particularly significant for companies aiming to maintain complete rights and control over their proprietary software. This article will focus on the key legal provisions related to…
On Wednesday, a panel of judges from the Ninth Circuit expressed skepticism toward a proposed class action lawsuit against Google. The lawsuit alleges that the tech giant unlawfully gained more than $2 billion from unauthorized advertisements, which allegedly infringed upon the property rights of website owners. The judges posed questions during a hearing challenging the…
In an ongoing patent dispute, an Illinois federal judge has ruled that China’s Hytera Communications must provide the source code for review. The spat arose when Motorola claimed that Hytera unlawfully copied its digital two-way radio technology, thereby infringing on seven of Motorola’s patents. The judge’s decision came about due to the insinuation that Hytera…
A recent legal battle surrounding potential customer confusion in the financial services sector has witnessed an early victory for venture capital-funded personal finance app Empower. In the trademark lawsuit involving the retirement finance brand also named Empower, a federal judge in Colorado ruled that it is “unlikely” that the app’s name would cause confusion among…
Hooters, the well-known restaurant chain, has filed allegations against a California-based franchisee in a Georgia federal court, stating that the franchisee has unlawfully continued to use the brand’s trademarks post the termination of their franchise agreement. According to Hooters, the referred franchisee is in breach of the contract for their failure to adhere to appropriate…
Amid the tumultuous waters of the legal world, cruise line giant, Carnival Corp., recently urged a Delaware bankruptcy judge to dismiss what they deemed a “far-fetched” plea. The plea came as an emergency request from lenders to software company DeCurtis Holdings LLC. According to the contentious plea, the lenders requested a stay on part of…
In a recent development, a federal judge in Oregon has ruled in support of Columbia Sportswear Co. The judge declined to strike certain parts of the company’s complaint against two ex-executives, whose conduct allegedly contravened their non-compete and trade secret agreements. The allegations leveled by the famous outdoor clothing and equipment manufacturer included claims of…
In recent legal developments, a Taiwanese entity has filed a patent lawsuit against tech titan Samsung. The claim revolves around alleged infringement of a patent related to wireless communications technology. The complaint targets a broad spectrum of 4G and 5G Galaxy products manufactured by the South Korean multinational company. Given the ubiquitous nature of Samsung’s…
In a noteworthy piece of legal news, Samsung has managed to evade a $4.3 million patent verdict brought against it by Prisua Engineering Corp. The dispute, which has been ongoing for over half a decade, involves a claim of infringement pertaining to an image-editing patent. The dismissal of the case resulted from a concurrent decision…
As the economic climate continues to pose challenges to technology firms, a number of corporations are exploring ways to trim their expenses. At the forefront of these cost-cutting strategies is the concept of applying a strategic pause in patent prosecution. This strategy may appear counterintuitive at first glance; after all, patenting is typically seen as…
The U.S. Patent and Trademark Office (USPTO) is soliciting opinions from various stakeholders with the aim of refining standard-setting procedures within the United States. A key area of interest is understanding the impact of foreign intellectual property laws on domestic standards. In an effort to create logical and beneficial standards, the USPTO has joined forces…
In a surprising move, conglomerates DuPont, Chemours and Corteva have recently issued a complaint against the city of Rome, Georgia and two media outlets, in an attempt to keep the particulars of a settlement deal confidential. The settlement in question was achieved in June and concerns allegations of the discharge of potent ‘forever chemicals’ into…
In an important judgement, the European Court of Justice has ruled in the Joined Cases C‑775/21 and C‑826/21, examining the implications of broadcasting background music and the related remuneration. The case particularly addressed the provision of physical facilities and sound equipment on board trains and aircraft, considering whether possession of technical means alone can constitute…
The cannabis industry, already rife with its own set of unique legal hurdles, is now tackling the challenge of protecting intellectual property—a particularly vulnerable area for any young, rapidly growing sector. Any successful business strategy needs a mandatory need for comprehensive employment agreements as part of its operational bedrock. As noted in this comprehensive, rigorous…
Once again, the U.S. Court of Federal Claims has dismissed a persistent lawsuit lodged against the U.S. Army over allegations of that it infringed on two patents related to armored vehicles. An essential point of the court’s consideration was recognizing that the Army had an effective license that allowed it to utilize the patented technology….
In a recent notable shift within the legal industry, the erstwhile head of Stroock & Stroock & Lavan LLP’s trademark practice has opted for a change of platform, bringing his experience and expertise to Norton Rose Fulbright. As the latest partner in their Los Angeles office, the move signifies strengthened capabilities for Norton Rose Fulbright,…
The concept of obviousness-type double patenting (ODP), while wrought with complexity, continues to hold significant weight in intellectual property law. In a recent case, the Court of Appeals for the Federal Circuit (CAFC) asserted the ongoing relevancy and legitimacy of ODP as a challenge to patent validity. This analysis was carried out by the CAFC…
In a recent development in the pharmaceutical industry, Celltrion Healthcare has appealed to a London court seeking to invalidate a patent owned by Novartis and Genentech. The patent in question pertains to a drug used commonly for the management of severe asthma and chronic hives. Celltrion Healthcare has initiated this legal action as part of…
In a recent decision on September 5, 2023, the U.S. Copyright Office Review Board affirmed the stance of the Copyright Office to refuse registration of a digital artwork, which was created using the Midjourney text-to-image GenAI tool. This decision brings into focus the ongoing dialogue on the boundaries of copyright law and artificial intelligence (AI)….
For legal professionals concerned with trademark cases, the tale of the company Zotz rings a clear message: be more creative, less descriptive. Zotz, a company responsible for creating children’s toys, found themselves in hot water after their attempt to trademark “Robotoy” was rejected. As it appears, the term was deemed overly descriptive and thus, fell…