Bloomberg Law

Landry’s Mogul Fighting Distiller Over Trademark and Home Court

Billionaire businessman Tilman Fertitta is locked in a trademark court battle with a small Texas distillery that makes craft bourbons under its owner’s last name, which happens to be the same as his sprawling Landry’s LLC hospitality and entertainment empire. They’re also wrangling over whose home turf will host the fight.

Intuitive Hangs Onto Trade Court Win In Stomach Stapler IP Spat

Ethicon LLC can’t revive its trade dispute claiming that several Intuitive Surgical Inc. units infringe patents for medical-grade staplers and cartridges used in gastric bypass and other weight-loss surgeries, the Federal Circuit ruled Friday.

UBS Analysts See Fake AI Content Feeding Market Disruptions

The spread of artificial intelligence has the potential to be “highly disruptive” to financial markets as the technology aids the publication of false information, and makes leaks of intellectual property more likely, according to analysts at UBS Group AG.

Teva, Lilly War Over Use of New Amgen Precedent in Emgality Case

Eli Lilly & Co. and Teva Pharmaceuticals Industries Ltd. are jockeying to convince the federal district court hearing their patent infringement case over migraine drugs which of them benefits from the Supreme Court’s recent holding that patent claims must be sufficiently narrow.

Impossible Foods Private Eye Outed in Fake-Meat Legal Battle

A Boston plant-based meat company outed a private investigator it claims was working covertly for Impossible Foods Inc. before and after Impossible accused it of patent infringement.

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UBS Analysts See Fake AI Content Feeding Market Disruptions

The spread of artificial intelligence has the potential to be “highly disruptive” to financial markets as the technology aids the publication of false information, and makes leaks of intellectual property more likely, according to analysts at UBS Group AG.

Prince, Andy Warhol, and Fair Use at the Supreme Court

Did Andy Warhol violate copyright law when he used a photo of Prince as source material? We explore the case, and the key consideration of "transformative use" in this video.

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  • Business & Practice
  • The United States Law Week

UBS Analysts See Fake AI Content Feeding Market Disruptions

The spread of artificial intelligence has the potential to be “highly disruptive” to financial markets as the technology aids the publication of false information, and makes leaks of intellectual property more likely, according to analysts at UBS Group AG.

China, US Commerce Chiefs Trade Complaints, Plan More Talks (4)

Top commerce officials from the US and China agreed to strengthen communications even as they traded complaints about each other’s policies, with the meeting a sign that Beijing and Washington are trying to prevent their relations from worsening further.

The Ugly Fight Over A Federal Judge's Retirement

IN BRIEF

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Case: Trademarks & Copyrights/TRO (N.D. Cal.)

The court granted Restoration Hardware Inc. and RH US LLC’s renewed motion for a temporary restraining order in its copyright and trademark infringement and unfair competition action against online lighting retailers for selling knockoffs of Restoration Hardware’s lighting fixtures. Restoration Hardware Inc. v. Light, 2023 BL 177803, N.D. Cal., 23-cv-00948-HSG, 5/24/23

Case: Trademarks/Summary Judgment (N.D. Cal.)

The court denied Wag Hotels Inc.'s motion for partial summary judgment and granted Wag Labs’s motion for partial summary judgment in Wag Hotels’s action for breach of contract, trademark infringement, and unfair competition arising from the alleged breach of a settlement agreement. Wag Hotels Inc. v. Wag Labs Inc., 2023 BL 174312, N.D. Cal., 20-cv-01326-BLF, 5/22/23

Case: Trademarks/Venue (W.D. Wis.)

The court granted Jack & Friends LLC’s motion to transfer to a district court in New York Link Snacks Inc.'s action for deceptive trade practices and infringement of the “Jack Links” mark, because the locus of the dispute is New England. Link Snacks Inc. v. Jack & Friends LLC, 2023 BL 175791, W.D. Wis., 22-cv-290-wmc, 5/23/23

Case: Patents/Venue (D. Colo.)

The court denied Walmart Inc.'s motion to transfer to a court in Arkansas Brumate Inc.'s action for infringement of its patented gasket, which is designed to keep cans within its insulated beverage containers even when held upside down. Brumate Inc. v. Walmart Inc., 2023 BL 176383, D. Colo., 22-cv-0354-WJM-SP, 5/23/23

Case: Patents/Prior Art (Fed. Cir.)

The court affirmed the decision of the PTAB that Medtronic Inc. and Medtronic Vascular Inc. didn’t show that challenged claims of Teleflex Innovations S.À.R.L.'s patents directed to guide extension catheters are unpatentable over prior art. Medtronic Inc. v. Teleflex Innovations S.À.R.L, 2023 BL 177012, Fed. Cir., 2021-2356, 5/24/23

Case: Patents/Obviousness (P.T.A.B.)

Some challenged claims of International Business Machines Corp.'s patent that relates to customizing graphical user interface portal pages are unpatentable as obvious over prior art, according to the PTAB, in an inter partes review by Ebates Performance Marketing Inc. Ebates Performance Marketing Inc. v. International Business Machines Corp., 2023 BL 177342, P.T.A.B., IPR 2022-00133, 5/24/23

Case: Patents/Anticipation & Obviousness (P.T.A.B.)

Challenged claims of Orthocision Inc.'s patent that describes an improved method of fusing the sacroiliac joint are unpatentable as anticipated by or obvious over prior art, the PTAB said, in an inter partes review by PainTEQ LLC. PainTEQ LLC v. Orthocision Inc., 2023 BL 177728, P.T.A.B., IPR 2022-00335, 5/24/23

Case: Trademarks/Jurisdiction (N.D. Tex.)

The court denied Float Alaska IP LLC’s motion to dismiss for lack of personal jurisdiction BNSF Railway Co.'s trademark infringement action, based on the use of the “Northern Pacific” mark, and transferred the action to California. BNSF Ry. Co. v. Float Alaska IP LLC, 2023 BL 173764, N.D. Tex., 4:22-cv-0950-P, 5/22/23

Case: Copyrights/Procedure (D. Utah)

The court denied an artist’s motion for reconsideration or relief from judgment in its grant of terminating sanctions in her action against SGT Inc. for exceeding the scope of a license to her artwork, and it awarded SGT $205,210. Martin v. SGT Inc., 2023 BL 174501, D. Utah, 2:19-cv-00289-RJS, 5/22/23

Case: Copyrights/Class Actions (N.D. Cal.)

The court denied this motion by a composer, Uniglobe Entertainment LLC, and AST Publishing Ltd., seeking to certify a class action against YouTube LLC and Google LLC, alleging violation of copyright law by withholding access to an anti-piracy tool.
Schneider v. YouTube LLC, 2023 BL 173887, N.D. Cal., 20-cv-04423-JD, 5/22/23