In a recent legal update, a New York federal judge has made a significant decision in a trademark infringement dispute between two art galleries. The judge has dismissed claims of trademark dilution and deceptive practices, while allowing allegations of unfair competition and bad faith claims to continue. This development further diminished the size of the…
In a closely observed development in the world of gene technology, a Delaware federal judge has ruled against Seattle-based NanoString Technologies Inc. in a patent infringement dispute with competitor 10x Genomics. The judge denied NanoString’s bid to argue that the patent claims are too indefinite be legally protected. As the latest turn in this high-stakes…
The fitness for service of Federal Circuit Judge Pauline Newman, a matter under scrutiny by her peers, has been affirmed by a forensic psychiatrist. According to an evaluation provided by the psychiatric professional, Judge Newman shows no signs of mental disability that could potentially impede her duties as a member of the bench. These findings…
The Federal Circuit recently reviewed an appeal from patent licensing company, Ikorongo Technology LLC, challenging U.S. District Judge Alan Albright’s ruling which invalidated the firm’s previously reissued patents in an intellectual property dispute against Bumble and other tech firms specializing in location-tracking systems. This case has brought the seldom enforced “Original Patent” requirement to the…
In a recent legal development, a federal judge in Colorado has dismissed a lawsuit by Frida Kahlo Corp. and Kidrobot LLC. The companies had taken to the courts to seek confirmation that Kidrobot did not have to purchase a copyright license from Artists Rights Society Inc. to use a depiction of Frida Kahlo’s famed painting…
Microsoft has taken a decisive step to tackle the legal implications of using its new Copilot AI software. In a recent announcement, a senior legal representative from the company declared that Microsoft will comprehensively cover any potential copyright infringement legal costs borne by commercial users of Copilot. This move comes as another reinforcement of Microsoft’s…
In a recent legal development, the Ninth Circuit on Thursday denied a case revival request from two military contractors accusing the U.S. Air Force of misappropriation of trade secrets. The dispute involves designs for an aerial firefighting tank system that the contractors acquired from a bankrupt colleague. According to the contractors, the designs they procured,…
In recent legal development, a reality TV celebrity is seeking justice in the court against Reface, a European developer of a deepfake face swapping application. The celebrity alleges that the company has infringed his right of publicity by using his image and likeness without his consent or financial compensation. The right to publicity, an often-controversial…
In the modern world of entertainment, adult engagement with child-oriented intellectual property is on the rise, a trend aptly illustrated by the recent popularity of the “Barbie” movie franchise. This shift in consumer behavior has led to a series of legal discussions concerning fan creations and their potential infringements on intellectual property rights. These legal…
As artificial intelligence (AI) tools continue to rapidly evolve, law firms are finding themselves increasingly fielding client requests for information about these nascent technologies. In this shifting landscape, professional development leaders within law firms have perhaps never played a more significant role. Preparing firms for the inevitable paradigm shifts on the horizon offers unique challenges…
In the aftermath of a distinct district court ruling that dismissed a copyright for an AI-generated work due to the absence of human authorship, the US Copyright Office has opened the floor for public comment on the issue. The verdict, which occurred in the case of Thaler v. Perlmutter, sparked conversation about the extent of…
In recent times, the intersection of fundamental research and national security has attracted attention and changes in legislation. The gravity of this subject was recently explored in an article published on JD Supra. According to the JD Supra report, the National Center for Science and Engineering Statistics (NCSES) states that the U.S. research universities’ scientific…
In a recent development pertaining to trademark law encompassing major players in the footwear industry, a judge in Massachusetts has disqualified the legal firm Hogan Lovells from representing a shoe company embroiled in a litigation initiated by Reebok. The decision rests primarily on the grounds that Hogan Lovells has previously provided legal services to Reebok….
As AI technology continues to advance, many corporations are contemplating the utilization of their own data to train AI models. The recent updates to OpenAI’s GPT-3.5 Turbo fine-tuning and application programming interface have rejuvenated this conversation. However, before diving headfirst into the implementation, there are crucial legal considerations to keep in mind, as highlighted by…
A recent lawsuit regarding the overstepping boundaries of a permanent injunction between major software developer, Oracle USA Inc. and defending developer Rimini St. Inc., was mostly upheld by the US Court of Appeals for the Ninth Circuit. The Court largely agreed that Rimini was in contempt for violating the order. However, it diverged from the…
In a recent ruling, the Federal Circuit took a novel stance that has jolted the patent law landscape, specifically the strategy surrounding terminal disclaimers. In the case titled In re Cellect, a series of patents were invalidated based on obviousness-type double-patenting (ODP). The ruling found that term-adjusted patents (PTA) in the same family are invalid…
An attempt by Shenzhen Waydoo, a pioneer in the production of water sports gear, to seek a new trial in the recent surfboard intellectual property (IP) litigation has been denied by a federal judge in Delaware. Waydoo was brought to court by MHL Custom Inc., the holder of two key surfboard patents, which accused the…
Enhanced patent damages under Section 284 of the Patent Act continue to be a significant area for antitrust attorneys and corporations alike. Federal district courts, pursuant to this section, can exercise discretion to increase damages up to three times the amount found or assessed against those found guilty of patent infringement. In light of the…
In an era where the cannabis industry is rapidly expanding, protecting cannabis trademarks stands out as a significant challenge. Despite marked shifts in social and political attitudes, the legal landscape for cannabis is still fluctuating, making the process of securing trademarks particularly nuanced. According to a recent report by JDSupra, one of the pivotal steps…
On August 24, 2023, the U.S. Court of Appeals for the Federal Circuit made a substantial clarification regarding the evaluation of patent obviousness. In the case of Volvo Penta of the Ams. LLC v. Brunswick Corp., bearing Case No. 22-1765, the Court vacated a Final Written Decision from the Patent Trial and Appeal Board (PTAB),…
Two bills, recently introduced in Congress, are poised to reshape the current landscape of patent litigation. The bipartisan initiatives, called the Patent Eligibility Restoration Act (PERA) of 2023 and the Promoting and Respecting Economically Vital American Innovation Leadership Act, otherwise known as the PREVAIL Act, both hold significant implications for corporations and law firms worldwide…
In a rapidly evolving world of technology, artificial intelligence (AI) is coming to the fore with its immense potential to revolutionize various sectors, including nonprofit organizations. Famed for its efficiency and cost-effectiveness, AI can potentially help these organizations in creating and leveraging content in unprecedented ways. However, nonprofit executives might also find themselves pondering over…
The US Patent and Trademark Office (USPTO) has initiated a new trademark applicant address verification process. This development is part of a larger move by the USPTO aimed towards improving and maintaining the accuracy of the Trademark Register, and to safeguard against trademark scams and bot-filed trademark applications. The new procedures for reviewing domicile addresses…
Boeing, the American multinational corporation that designs, manufactures, and sells airplanes, is currently seeking to have a lawsuit filed by an aerospace engineering company dismissed. The plaintiff has lodged an accusation that Boeing has stolen their patented technology. Boeing’s contention is that the aerospace company is seeking to turn a business disappointment into an implausible…
Ye, known previously as Kanye West, has taken legal action against a user of Instagram for purportedly leaking his non-public music without approval, according to a report. The action was initiated in a California state court, where the Instagram user is alleged to have violated contract terms and misappropriated trade secrets. The legal proceedings raise…