LitigationUSA
Recognized for expertise in internet and intellectual property litigation, Morton continues to lead in technology-related legal defenses and healthcare law
Mindy Morton, a partner at Procopio’s Silicon Valley office, has been named a 2022 Northern California Super Lawyer for the eighth consecutive year. Specializing in internet and intellectual property litigation, Morton defends clients on complex issues involving free speech, technology, and intellectual property right…
PatentsUSA
Jury Finds No Infringement on All Claims in Dispute Over Hard Drive Write Head Technology
Seagate Technology secured a complete defense verdict in a patent infringement case brought by a former Carnegie Mellon University professor. After a two-week trial in the Western District of Pennsylvania, the jury ruled in under a day that Seagate did not infringe any of the 10 asserted patent claims related to micro…
LitigationUSA
Judge John Z. Lee rules that reference product sponsors may pursue infringement actions and seek injunctions beyond declaratory judgments in biosimilar patent disputes under the B…
In a notable decision on January 26, 2022, the U.S. District Court for the Northern District of Illinois held that patent infringement claims and injunctive relief are available to reference product sponsors during the second phase of Biosimilar Price Competition and Innovation Act litigation. The ruling clarifies tha…
LitigationUSA
Artist Michael Hayden alleges unauthorized use of his serpent sculpture by Jeff Koons in iconic artworks, raising questions on copyright protection and fair use
Michael Hayden, an American artist, has filed a copyright infringement lawsuit against Jeff Koons, claiming Koons used Hayden's snake sculpture without permission in three works from his Made in Heaven series. The dispute centers on whether Hayden's sculpture qualifies for copyright protection or is a useful article,…
PatentsEurope
New lawsuits filed in Germany, the Netherlands, and Brazil mark a significant escalation in the global patent dispute between Ericsson and Apple over mobile communications technol…
Ericsson has initiated multiple patent infringement lawsuits against Apple in key European jurisdictions including Düsseldorf, Mannheim, and Munich, as well as in the Netherlands and Brazil. Apple has also filed a patent suit against Ericsson in Mannheim, signaling a broadening of their licensing conflict beyond the U…
PatentsGlobal
Understanding patents, trademarks, copyrights, and trade secrets is crucial for in-house counsel to protect and leverage company assets effectively.
General counsels often juggle numerous responsibilities, yet intellectual property (IP) management remains a critical area that requires focused attention. This article outlines the four primary types of IP—patents, trademarks, copyrights, and trade secrets—detailing their definitions, protections, durations, and stra…
PatentsAfrica
The landmark South African patent recognizing AI as inventor contrasts with rejections in UK, US, and Europe, raising critical legal and policy questions worldwide.
In a pioneering move, South Africa’s Companies and Intellectual Property Commission granted a patent listing the AI system DABUS as inventor, marking the first such recognition globally. While other jurisdictions like the UK, US, and Europe have rejected AI inventorship applications, South Africa’s lack of a substanti…
LitigationUSA
The firm recognizes leadership and expertise in real estate, intellectual property, litigation, and international tax as it expands its partner ranks in 2020
Procopio has elevated six attorneys to partner status in its San Diego, Del Mar Heights, and Silicon Valley offices. The new partners bring diverse expertise spanning real estate finance, intellectual property litigation and prosecution, corporate litigation, and international tax law. The promotions reflect Procopio’…
LitigationUSA
Allele alleges Pfizer and BioNTech infringed patent on fluorescent protein used in vaccine trials; Pfizer warns litigation could hinder pandemic response efforts
Allele Technologies has filed a patent infringement lawsuit against Pfizer and BioNTech, claiming unauthorized use of its patented fluorescent protein mNeonGreen in COVID-19 vaccine development. Pfizer has moved to dismiss the case, invoking the Hatch-Waxman safe harbor exemption and describing the litigation as a pot…
LitigationUSA
Supreme Court decisions on Booking.com and Romag Fasteners reshape trademark registration standards and profit disgorgement, while lower courts clarify First Amendment protections…
The year 2020 witnessed pivotal trademark litigation that will influence U.S. trademark law for years. The Supreme Court’s Booking.com ruling rejected the USPTO’s per se genericness rule for domain names, emphasizing consumer perception. Romag Fasteners clarified that willfulness is not a prerequisite for disgorgement…
CounterfeitingUSA
Customs and Border Protection intercepts thousands of counterfeit designer items from China destined for Dallas drop shipper
U.S. Customs and Border Protection officers at Washington Dulles International Airport seized a shipment containing over 4,400 counterfeit luxury goods, including Gucci and Louis Vuitton products, valued at nearly $3 million MSRP. The shipment, originating from China and disguised as 'sticker storage bags,' was detain…
LitigationUSA
Ruling in PersonalWeb Technologies case bars repeated infringement suits against Amazon and its customers based on prior dismissal
The Federal Circuit recently broadened the application of the Kessler doctrine by holding that a stipulated dismissal with prejudice operates as an adjudication of non-liability. This ruling prevents PersonalWeb Technologies from pursuing subsequent patent infringement claims against Amazon and its customers, reinforc…
LitigationUSA
Surefield, founded by Eraker, alleges Redfin copied its patented image-based rendering system for virtual home tours, prompting legal action in Texas and Washington courts.
David Eraker, a Redfin cofounder who left the company in 2006, has initiated litigation against Redfin alleging infringement of patents owned by Surefield, a company he established in 2012. The dispute centers on Surefield’s pioneering 3D home-tour technology launched in 2014, which Redfin is accused of replicating in…
PolicyAfrica
The 2020 USTR National Trade Estimates Report highlights stakeholder opposition to South Africa’s evolving copyright framework amid ongoing legislative uncertainty
The Office of the United States Trade Representative (USTR) has flagged South Africa’s Copyright Amendment Bill in its 2020 National Trade Estimates Report on Foreign Trade Barriers, citing concerns over broad and ambiguous copyright exceptions, limitations on contractual freedom, and provisions on technological prote…
PatentsUSA
From Latin America to Southeast Asia, USPTO IP attachés engage in high-profile events and partnerships to strengthen IP systems and combat counterfeiting worldwide.
The United States Patent and Trademark Office (USPTO) continues to expand its international intellectual property (IP) enforcement and cooperation efforts through its network of IP attachés stationed globally. Recent activities include participation in major conferences, anti-counterfeiting campaigns, and bilateral me…
TrademarksUSA
Syracuse University and a small business clash over trademark rights to the term ‘Cuse,’ highlighting challenges in protecting regional nicknames
A trademark conflict has arisen between Syracuse University and a small business concerning the ownership and use of the term ‘Cuse.’ The dispute underscores the complexities of trademark law when it comes to regional nicknames and branding rights. Both parties assert claims to the term, leading to legal scrutiny over…
LitigationUSA
The Munich I District Court issues a preliminary injunction restraining Continental from seeking US anti-suit relief against Nokia’s German patent infringement actions, marking a…
In a landmark decision on July 11, 2019, the Munich I District Court issued an anti-suit injunction in a high-profile patent dispute involving Nokia, Daimler, and Continental. The court barred Continental from pursuing an anti-suit injunction in the United States aimed at halting Nokia’s German patent infringement law…
LitigationUSA
VirnetX’s patent infringement victory over Apple reignites concerns over patent assertion entities and calls for stronger patent reform measures
In a significant ruling, the U.S. Court of Appeals for the Federal Circuit affirmed a $302 million patent infringement verdict against Apple, increasing damages to $440 million. The case, involving Nevada-based VirnetX, highlights ongoing challenges posed by patent assertion entities—commonly known as patent trolls—an…
