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Intellectual Property
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February 21, 2025
ITC To Review Hoverboard Maker's Patent Case
The U.S. International Trade Commission is going to look into the latest patent complaint from the inventor of a self-balancing hoverboard who is targeting rival products from China.
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February 21, 2025
Microsoft Says Encryption Suit Misunderstands Its Tech
Microsoft says there's no longer any need for it to face a patent lawsuit over email encryption, telling a Washington federal court that it has become clear that its software "does not work" the way the plaintiff says it does.
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February 21, 2025
Trade Secrets Dispute Between Cell Tower Cos. Stays Alive
A Pennsylvania federal judge on Thursday narrowed a lawsuit between rival cell tower companies over the use of pricing information, dismissing trade secret claims stemming from leases that lacked confidentiality or nondisclosure provisions.
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February 21, 2025
Whirlpool Seeks More Damages And Fees After $27M TM Win
Michigan-based appliance company Whirlpool Corp. has requested enhanced damages and attorney fees after a Texas federal jury found last month that Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. owed Whirlpool $27 million for willfully infringing and diluting the trademark for its iconic KitchenAid stand mixers.
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February 21, 2025
MSN Calls Novartis' Entresto Delisting Protest 'Disingenuous'
Novartis' claim that there's no rush to decide whether a patent covering its blockbuster cardiovascular drug Entresto should be removed from a key drug database is "disingenuous and a complete about-face," MSN Pharmaceuticals has told a Delaware federal judge.
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February 21, 2025
Puma, Brooks End IP Fight Over 'Nitro' Running Shoes
Puma and Brooks Sports have agreed to drop dueling intellectual property claims over "Nitro"-branded sole foam technology used by both athletic apparel retailers to market running shoes, according to a notice filed in federal court in Seattle on Friday.
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February 21, 2025
Eli Lilly Has Exclusivity Over Weight Loss Drug, FDA Says
The U.S. Food and Drug Administration asked a Texas federal court to reject a request for an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, saying the agency based its decision on sound facts and it was within its authority.
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February 21, 2025
6 Things To Know About Shein's Fast Fashion Feuds
Ultra-fast fashion behemoth Shein is facing accusations of infringing intellectual property in dozens of cases from plaintiffs ranging from major fashion brands to individual artists. Here are six things to know about Shein's intellectual property battles.
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February 21, 2025
Harry Manbeck, Former USPTO Head, Dies At 98
Former U.S. Patent and Trademark Office leader and chief patent counsel at General Electric Co., Harry F. Manbeck Jr., died Wednesday. He was 98.
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February 21, 2025
9th Circ. Revives Atty's Ownership Claims Over Calif. Winery
A Ninth Circuit panel on Friday revived an attorney's ownership claims over a California winery, finding factual disputes over an alleged oral agreement with the winery's former owner require a trial, while also upholding a jury's verdict that found a breach fiduciary duty claim against the attorney that awarded no damages.
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February 21, 2025
Off The Bench: White House Hosts PGA Tour-LIV Golf Summit
In this week's Off The Bench, the two former rival pro golf tours join the president to discuss their long-delayed combination, several NBA teams support a bid for the U.S. Supreme Court to keep copyright claims in check, and prosecutors charge Chilean nationals with robbing the homes of high-profile athletes.
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February 21, 2025
Childish Gambino Nabs Fees In 'This Is America' IP Case
A New York federal judge has ordered a Miami rapper to pay out nearly $287,000 in legal fees for litigating a failed copyright case targeting Childish Gambino's 2018 hit song "This Is America," less than a third of what the record label lawyers and others had asked for.
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February 20, 2025
DOJ Says Job Protections For ALJs Are Unconstitutional
The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.
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February 20, 2025
Ex-Kirkland IP Atty Asks To Fire Her Bias Suit Atty 'For Cause'
A former Kirkland & Ellis LLP intellectual property associate suing Kirkland over bias claims has urged a California federal judge to fire her counsel at Filippatos PLLC and force Filippatos to hand over her client file, disputing Filippatos' assertion that her professional misconduct allegations are a contrived attempt to avoid paying fees.
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February 20, 2025
Ex-ITC Commissioner Talks IP Before Heading To WilmerHale
Former U.S. International Trade Commissioner Rhonda Schmidtlein stepped down this month after more than a decade at the agency, and on Thursday talked to Law360 about how she went from a small town in Missouri to one of the nation's top trade positions, along with what she wished practitioners in intellectual property disputes would do.
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February 20, 2025
What The ITC's Multiple Vacancies Mean For The Agency
Three of the six commissioner seats on the U.S. International Trade Commission are now vacant, which experts say may not disrupt the quasi-judicial agency's work on disputes involving duties and intellectual property, but is at odds with how it was designed to operate.
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February 20, 2025
Meta, Roku, Samsung Fail In Attempt To Invalidate Ad Patent
Meta Platforms, Roku Inc. and Samsung Electronics Co. Ltd. have lost a challenge at the Patent Trial and Appeal Board against claims in a patent that covers a way of targeting ads based on online activity.
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February 20, 2025
Generic-Drug Group Rallies Behind Appeal In Entresto Fight
A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely."
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February 20, 2025
3rd Circ. Rejects Appeal In Dog Magnet Design Spat
The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.
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February 20, 2025
Amid Shake-Ups, USPTO Gets New Acting Deputy Director
The U.S. Patent and Trademark Office has a new acting deputy director, with former chief adviser Will Covey taking over the role at a tumultuous time for the agency and federal government at large.
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February 20, 2025
X, Social Media Biz Settle TM Fight
A social media and public relations firm's trademark suit against X Corp. over the social media platform's logo has come to an end after the parties told a California federal judge that they have agreed to drop all claims and counterclaims, avoiding a jury trial set to begin in December.
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February 20, 2025
Fed. Circ. Backs TTAB's Denial Of Health Co.'s Proposed TM
The Trademark Trial and Appeal Board correctly denied a healthcare management company's bid to register "Formularyhub" because it's a descriptive term, the Federal Circuit said Thursday.
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February 20, 2025
Textbook Authors Seek Final OK Of $20M Royalties Deal
A class of authors asked a New York federal judge Wednesday to give his final blessing to a $20 million settlement resolving their claims that an educational content company broke its publishing agreement by underpaying promised royalties, calling the deal "an excellent result under any metric."
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February 20, 2025
The Intercept's IP Claim Against OpenAI Holds Up, Judge Says
A New York federal judge said Thursday that the only plausible allegation in The Intercept's lawsuit accusing Microsoft and OpenAI of removing copyright information from works used to train ChatGPT is over "regurgitations" of articles produced in the OpenAI-owned chatbot's outputs.
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February 20, 2025
Google Argues $20M Verdict Is Tied To 'Unverifiable' Testimony
Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.
Expert Analysis
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.