Try our Advanced Search for more refined results
Intellectual Property
-
July 08, 2024
'Amazon Of Hemp' Wants Early Exit From NC Pot Farm Fight
An online hemp retailer is looking to ditch claims that it's passing off a North Carolina farm's hemp products as its own and has otherwise doctored THC test reports, calling the suit "fatally defective" and saying that other parts of the complaint contradict those claims.
-
July 08, 2024
ITC Hands Innoscience Partial Loss In Semiconductor IP Row
A judge at the U.S. International Trade Commission has found that Innoscience flouted federal law by importing semiconductor technology that infringes an Efficient Power Conversion patent.
-
July 08, 2024
DraftKings Hiding Ball On Noncompete Law, 1st Circ. Told
A former DraftKings executive fighting a noncompete so he can work for rival sports-betting upstart Fanatics has told the First Circuit his ex-employer is overlooking the importance of a California law that could unwind the restrictive covenant.
-
July 08, 2024
Patent Holder Drops VoIP Suits Against Capital One, Fidelity
A small company that owns a voice recognition technology patent has agreed to drop its lawsuits in Texas federal court against Capital One and Fidelity.
-
July 08, 2024
Puma Aims To Unveil Redacted Docs In Shoe IP Battle
Puma has pushed a rival sports gear company to turn over previously withheld and unredacted versions of documents in a trademark fight over shoes, telling a Washington federal judge that Brooks Sports Inc. already sent the materials to a third party.
-
July 08, 2024
Calif. Realtor Sued Over Use Of Kanye West's Ranch Photos
A real estate photographer has accused a property listings site in California federal court of stealing his photos of a Hidden Hills, California, ranch home that used to be owned by controversial rap artist Kanye West.
-
July 08, 2024
Catching Up With Delaware's Chancery Court
Prince's heirs were left standing alone in a cold world last week after Delaware's Court of Chancery found their attempts to gain control of the late musician's estate too demanding. Delaware's court of equity also waved a wand for Walt Disney and slashed nearly $10 million from a damages award for Sears stockholders. In case you missed anything, here's a recap of all the latest news from Delaware's Chancery Court.
-
July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
-
July 05, 2024
GitHub, OpenAI Get Developers' Copyright Claim Tossed
A California federal judge has trimmed software developers' suit claiming OpenAI and Microsoft's GitHub ripped off their source code to build artificial intelligence tools, axing their claim under the Digital Millennium Copyright Act, according to an order unsealed Friday.
-
July 05, 2024
Prince Estate's Managing Members Prevail In Spat With Family
Delaware's Court of the Chancery on Friday held that some of Prince's family members ran afoul of an LLC agreement when they tried to oust two managing members of the late musician's estate and give themselves more control.
-
July 05, 2024
HBO Dodges Copyright Suit Over 'FBoy Island,' For Now
A New York federal judge ruled that a young producer failed to sufficiently allege HBO's "Fake Famous" and "FBoy Island" shows ripped off his "Instafamous" reality show concept, but the flaws in the producer's copyright infringement allegations weren't so bad they couldn't be fixed.
-
July 05, 2024
Apple Says Masimo Can't Rely On LKQ In Design Patent Fight
Apple Inc. has told a Delaware federal court that medical tech company Masimo Corp.'s attempt to use the Federal Circuit's latest holding on design patent jurisprudence in one of their multiple ongoing legal fights surrounding the Apple Watch "fails to address any … authority concerning any pending motion."
-
July 05, 2024
Don't Defer To ITC On Domestic Industry, Fed. Circ. Told
The U.S. Supreme Court's elimination of Chevron deference confirms that courts need not defer to the U.S. International Trade Commission's interpretation of the domestic industry requirement for patent cases, eyelash extension company Lashify has told the Federal Circuit.
-
July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
-
July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
-
July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
-
July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
-
July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
-
July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
-
July 05, 2024
WDTX Judge Sends Patent Case Against HP To Calif.
A Texas federal judge ruled the Lone Star State is not the right place to litigate a suit accusing HP of infringing several patents on USB port technology, saying the case belongs in California federal court.
-
July 05, 2024
DQ'd Atty Denied Bid To Have Netflix Atty Held In Contempt
A California federal judge rejected a bid by a former Whitestone Law attorney to hold an attorney representing Netflix in a patent infringement case in contempt over harassment allegations, determining that the unwanted contact does not violate the order disqualifying his ex-firm.
-
July 05, 2024
Ex-BigLaw Atty Settles Defamation Suit Against Influencer
Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.
-
July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
-
July 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.
-
July 05, 2024
Novartis Allegedly Sat On Drug Rights To Avoid $1B Payment
Drugmaker Novartis has allowed its right to develop a promising cancer treatment to "wither on the vine" to avoid having to pay nearly $1 billion under an interest purchase agreement with a Massachusetts company, a lawsuit filed in state court alleges.
Expert Analysis
-
Valeant Ruling May Pave Way For Patent-Based FCA Suits
The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.
-
Webpages Must Meet Accessibility Standard To Be Prior Art
The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.
-
The Pros And Cons Of Protecting AI As Trade Secrets
Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.
-
Trending At The PTAB: Navigating A Motion To Amend
The Patent Trial and Appeal Board's recent decisions in motions to amend patent claims highlight the challenges of taking advantage of the board's pilot program for amending such claims, and owners and petitioners should keep several strategic considerations in mind as the program continues through mid-September, say Joshua Goldberg and Kai Rajan at Finnegan.
-
How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
-
How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
-
Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent
The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.
-
How Cos. Can Assess Open-Source Contribution Patent Risks
Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.
-
7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
-
What's At Stake In Pending Fed. Circ. Design Patent Test Case
The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.
-
No AI FRAUD Act Is A Significant Step For Right Of Publicity
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.
-
Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
-
Averting Patent And Other IP Risks In Generative AI Use
While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.
-
After TikTok, Tiptoeing Toward Patent Transfer Alignment
Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.
-
New Hydrogen Regulations Show The Need For IP Protections
The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.