Intellectual Property

It is hard to argue that the Vogue vamping strategy was anything other than a resounding success. Even at the cost of a lawsuit.

Having litigated dozens of patent cases over the past 20 years, I thought I had seen it all, at least in terms of the variety of motions that can be presented. But I was wrong ...

Ultimately, this case is a good reminder of just how complicated big-ticket patent litigation can be.

Which judge continues to be asked to act as a ‘discovery border control agent’ in jurisdictional disputes for patent cases?

For Solo Stove, the hope is undoubtedly that their filing against BonStove will pay dividends by not only getting BonStove off the market, but also by sending a message to other infringers that they mess with Solo Stove’s IP portfolio at their own risk.

Solitary confinement is torture generally. In this case, it's absurd.

It remains important for IP lawyers and their clients to remain realistic about what the actual chances of securing funding are.

The phenomenon of playing both sides in patent litigation is a little less pronounced in the pharmaceutical context, though that has been changing.

It was interesting to see a recent decision involving the Bayh-Dole Act in a patent case involving the United States as a defendant.

At least one nonpracticing entity has generated success by coming at the challenge of generating licensing revenue in a different way.

There's great promise here, particularly for IP associates looking to take ownership over their careers.

Anifa Mvuemba didn't name the fast-fashion retailer in her viral tweet about the alleged knockoff, but commenters were quick to call it out.

It's difficult for firms to add much-needed associate help in a timely manner, especially outside of the established summer and first-year associate programs.

Moderna is suing Pfizer and BioNTech, claiming they copied its messenger RNA work in developing their Covid-19 vaccine. The company notes that its patented work in respiratory infectious disease began years before the start of the COVID-19 pandemic, when the biotech was pursuing an mRNA vaccine for a different coronavirus.

Should the case be appealed, the headline will write itself.

As the insurance market for litigation risk continues to develop, the need for IP lawyers to keep current in their knowledge of what is available will become even more acute.

It is imperative that IP lawyers educate themselves on the litigation risk insurance space.

Even the most dogged patent defendant can sometimes be defeated.

It is not surprising that at least some attempt to weaponize design patents would be undertaken by an ambitious patent owner.

It was a privilege to see how much IP-related information the students were able to absorb.