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Intellectual Property
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Featured
Ford Bronco TM Suit Looks Under Hood Of Vintage Market
Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.
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March 14, 2025
Sensor Tech Co. Sees PTAB Ax 2 Patents, Uphold Another
A Chinese company has swayed patent board judges to invalidate all the challenged claims in two patents covering real-time "camera-like" mapping technology — but the board upheld claims in a third patent — developed by San Francisco-based sensor technology rival Ouster.
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March 14, 2025
PTAB Explains Why It Invalidated Moderna's COVID Vax Patents
The Patent Trial and Appeal Board has unsealed its decisions finding that Pfizer and BioNTech had shown that all the challenged claims of two Moderna COVID-19 vaccine patents are invalid, saying the success of the vaccine didn't outweigh strong evidence that the inventions were obvious.
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March 14, 2025
Meta Digs Into Co.'s Asset Selloff As $5.5M Win Goes Unpaid
A California federal judge Friday agreed with Meta that a Chinese information company that hasn't paid a $5.5 million default judgment in a cybersquatting case should provide details about the sale of its domain name business just days before she issued an asset freeze.
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March 14, 2025
Boeing NASA Tech IP Claims Survive Dismissal In Wash.
A Washington federal judge has narrowed a Colorado firm's suit accusing The Boeing Co. of using stolen technology to support NASA's Artemis moon exploration program, preserving some claims for copyright and trade secret theft while dismissing trademark and counterfeiting allegations.
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March 14, 2025
Fed. Circ. OKs Apple's Patent Board Win In Beacon Dispute
The Federal Circuit on Friday signed off on a ruling from the patent board that wiped out all of the claims Apple challenged in a patent covering location-tracking beacons that was asserted against a software protocol developed for iPhones and iPads.
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March 14, 2025
'Final Fantasy' Maker Says Rival Created Copycat Game
Square Enix, the creator behind Final Fantasy, sued a Chinese company in Washington federal court for allegedly releasing an infringing role-playing video game that uses substantial elements of Square Enix's Front Mission – 2089: Borderscape, including characters, game mechanics and visual designs.
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March 14, 2025
Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten
Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called "premature" dismissal bids from the NCAA and Big Ten Network.
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March 14, 2025
Home Depot Nixes 3rd Lynk Labs Patent Claim At Fed. Circ.
Home Depot U.S.A. Inc. persuaded Federal Circuit judges on Friday to override the Patent Trial and Appeal Board and throw out another claim in a patent issued to a late 1990s tech developer that later pivoted to LED lights.
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March 14, 2025
Fed. Circ. Affirms No Block On Amgen's Eye Med Biosimilar
The Federal Circuit on Friday agreed with a lower court decision declining to temporarily block Amgen's biosimilar of Regeneron's blockbuster eye medication Eylea, affirming that court's application of claim construction precedent in the patent infringement suit.
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March 14, 2025
Judge Gilstrap Won't Revive Patent In $142M Samsung Case
A Texas federal judge has denied G+ Communications' motion for a judgment that one of the three wireless network patents it asserted against Samsung is not ineligible, in a ruling that comes about a year after jurors cleared the electronics giant of infringing that patent but awarded $142 million for infringement of the other two.
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March 14, 2025
Record Labels Want Out Of Copyright Suit Over Cardi B Song
Two music creators who say Cardi B's hit "Enough (Miami)" infringed a song they wrote in 2021 cannot circumvent the need for a copyright registration merely by framing their claim under common law, Atlantic Records and Warner Music Group have said in a bid to toss the Texas federal lawsuit.
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March 14, 2025
ITC To Review Toolmaker's Fish Tape, Safety Helmet Products
The U.S. International Trade Commission has agreed to investigate an Illinois company's complaint against a competing toolmaker for allegedly infringing three patents covering glow fish tape and a safety helmet system.
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March 14, 2025
Halliburton Rival Loses Fracking Claims At Fed. Circ.
The Federal Circuit has affirmed findings in Halliburton's favor at the Patent Trial and Appeal Board that came after the company challenged claims in patents covering electric pumps used in hydraulic fracturing.
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March 14, 2025
Off The Bench: Ex-Jet Sues Over Favre Clip, New Soccer Build
In this week's Off The Bench, a retired football superstar claims an argument with icon Brett Favre should have never been aired on television, one trading card company gets the upper hand on another in dueling antitrust suits, and an English soccer club opts for a new stadium over a rebuild of the old one.
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March 14, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen J.P. Morgan face action by the founder of Viva Wallet in an ongoing feud over the company's takeover, retailer Next Group contest a claim by the home ware brand owned by private members' club Soho House, and the venue of the Wimbledon Championships sue a local group opposed to its plans to build new tennis courts on protected land in Wimbledon Park.
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March 13, 2025
Squires' Breadth Sets Him Apart From Recent USPTO Leaders
President Donald Trump's nominee to lead the U.S. Patent and Trademark Office would be the first director who is not an engineer since the final George W. Bush administration, and he'd be the first with both law firm and in-house experience since 2017, a combination attorneys say makes him particularly suited for the role.
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March 13, 2025
Brave Software Claims 'Bullying' By News Corp. In IP Row
Internet browser company Brave Software on Wednesday hauled News Corp. into California federal court, accusing the media company of trying to "bully" it out of the search engine market by crying copyright infringement and threatening legal action over Brave's use of its website content.
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March 13, 2025
Interactive Brokers Tells Justices To Skip Trading Patent Case
Trading software company Interactive Brokers has shot back at a rival's effort to persuade the U.S. Supreme Court to look at an "illusory" split between appeals courts over the standard for introducing post-trial fraud evidence in a long-litigated patent case.
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March 13, 2025
Fanatics, NFL Cardinals Rookie Settle Contract Fight
Fanatics has cut a confidential deal with Arizona Cardinals wide receiver Marvin Harrison Jr. and his father to settle the company's contract dispute, resolving litigation that temporarily barred Harrison's jersey number 18 from officially being sold, according to court documents filed in New York state court Thursday.
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March 13, 2025
AT&T, Verizon, T-Mobile Face IP Litigation Over 4G, 5G Tech
AT&T, Verizon and T-Mobile are accused of infringing patents with technology that runs on 4G/LTE and 5G standards, according to Pegasus Wireless Corp. in new litigation in Texas federal court.
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March 13, 2025
Fed. Circ. Sides With Merck In Reissued Patent Debate
The Federal Circuit isn't buying that a reissued patent was actually "issued" at the time it was originally awarded, dashing generic-drug makers' hopes of breaking pharmaceutical giant Merck's hold on a blockbuster drug that counteracts the effects of anesthesia.
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March 13, 2025
Karol G Producer Admitted To Stealing Beat, Suit Claims
Two music producers on Wednesday accused star Colombian singer Karol G and Universal Music Group of lifting the beat from their track "Punto G" for her hit song "Gatúbela," claiming that one of the song's producers even admitted to the theft.
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March 13, 2025
Golden Globe Nominee Settles Conn. Feud With Talent Agent
Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.
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March 13, 2025
Calif. AG Appealing State Limits On Pay-For-Delay Ban
California enforcers are appealing to the Ninth Circuit after a lower court found that a new state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the state.
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March 13, 2025
Fed. Circ. Dings Antibody Patent App For Lacking Description
The Federal Circuit on Thursday affirmed a decision from top U.S. Patent and Trademark Office officials in a highly watched and technical dispute over an antibody patent application, concluding that preambles for so-called Jepson claims need sufficient written descriptions.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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Beware Risks Of Arguing Multiple Constructions In IP Cases
Defendants accused of patent infringement often argue for different, potentially contradictory, claim constructions before district courts and the Patent Trial and Appeal Board, but the board may be clamping down on this strategy, say attorneys at Dechert.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Copyright Ruling Could Extend US Terminations Worldwide
If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.
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NIH Cuts To Indirect Costs May Stifle IP Generation
Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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Is AI Distillation By DeepSeek IP Theft?
A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.