Intellectual Property

  • March 07, 2025

    Wash. Judge Finds 'Alludo' TM Fight Best Left To A Jury

    A Washington federal judge has denied dueling summary judgment bids in an educational technology firm's trademark infringement lawsuit against the company behind the 1990s word-processing application WordPerfect, finding Thursday that genuine factual disputes remain over whether the defendant's alleged copying of the "Alludo" product name would likely cause confusion.

  • March 07, 2025

    Electronics Co. Owes $14M In Charger Patent Suit, Jury Finds

    A Delaware federal jury on Friday found Hong Kong electronics company Anker Innovations Co. infringed Texas company Fundamental Innovation Systems International LLC's patents with its USB charger products, saying Anker owes more than $13.6 million in damages.

  • March 07, 2025

    9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union

    Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.

  • March 07, 2025

    Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row

    A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase ​​"pull cord," reviving a fight over a patented system for making tactical vests easier to take off.

  • March 07, 2025

    LG Resolves Screen Display Patent Suit

    Bishop Display Tech LLC and LG Electronics have resolved a dispute over allegations that LG and its subsidiaries infringed several patents for liquid crystal screen displays, according to a filing in Texas federal court on Thursday.

  • March 07, 2025

    How To Tell If A Litigation Funder Is Helping Your IP Opponent

    Knowing when a litigation funder is involved in an intellectual property case can help attorneys better understand their adversary's footing in a dispute, and while most courts don't have disclosure requirements, lawyers told Law360 there are several signs attorneys can look out for to determine whether their opponent is receiving funding from an outside party.

  • March 07, 2025

    Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins

    In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.

  • March 07, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen an Iranian oil company sued for $95 million, Betfred hit with a lawsuit from a property company and NHS England face a human rights claim brought by a man detained under the Mental Health Act for over 20 years. Here, Law360 looks at these and other new claims in the U.K.

  • March 06, 2025

    Don't Give Teva 'Eighth Bite' At $235M Patent Trial, GSK Says

    GlaxoSmithKline has told a Delaware federal judge that Teva's request for a new trial in the drugmakers' decade-long, $235 million "skinny label" patent fight over heart failure medication is an "eighth bite at the same apple."

  • March 06, 2025

    Ariz. Firm Urges Justices To Hear Suit Over Ad Search Terms

    A Phoenix personal injury firm is going to the U.S. Supreme Court after losing its trademark lawsuit over Google advertising search terms, warning the justices that a rival's online "bait and switch" advertising tactics have "confused hundreds, if not thousands, of potential clients."

  • March 06, 2025

    Disney Slams Paltry Evidence As 'Moana' IP Trial Nears End

    Counsel for a unit of The Walt Disney Co. urged a California federal judge to enter judgment in their favor as a copyright trial wound to a close Thursday, saying an artist has theories but no actual evidence that his work was stolen for the blockbuster animated movie "Moana."

  • March 06, 2025

    ASUSTeK, HTC, Others Sued Over Media Patent

    A New York-based patent-holding company has launched a series of lawsuits in Texas federal court accusing 13 companies of infringing its patent covering a media keying system used to upload content to users.

  • March 06, 2025

    Fed. Circ. Judge Stresses Unknown Software To Fintiv, Apple

    A Federal Circuit panel expressed frustration Thursday as it struggled to get straight answers regarding whether Apple's products have a "widget" that would infringe Fintiv's contactless payment patent, with one judge ending arguments by saying that "after 45 minutes here, I'm still not clear what the widget does."

  • March 06, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."

  • March 06, 2025

    USPTO's AI Strategy Doc From Biden Era Gets Scrubbed

    The U.S. Patent and Trademark Office has seemingly withdrawn its artificial intelligence strategy issued in the last days of the Biden administration, scrubbing from the internet a report that emphasized the safe and responsible development of the technology.

  • March 06, 2025

    Fed. Circ. Won't Force Director Review Of Freight Patent App

    The Federal Circuit on Thursday rejected a company's bid to get the U.S. Patent and Trademark Office director to review a decision denying it a freight logistics patent, saying the company took too long to make a constitutional challenge in its case.

  • March 06, 2025

    Ex-Gizmodo Editor Loses IP Suit Over Apple Film 'Tetris'

    A New York federal judge tossed litigation brought by the former editor-in-chief of tech news site Gizmodo on Thursday, finding him unable to prove allegations that Apple and other defendants ripped off his 2016 book "The Tetris Effect" for the Apple TV+ film "Tetris."

  • March 06, 2025

    Colo. Jury Finds Prospector Didn't Steal Anschutz Oil Secrets

    A Denver jury found that a prospector didn't misappropriate an Anschutz-owned oil and gas exploration company's trade secrets, reaching a unanimous verdict Thursday evening after a four-day trial in Anschutz's case alleging the prospector secured a $9 million deal based on its stolen data.

  • March 06, 2025

    No Cancer Therapy Patent For AbbVie, Says Federal Circuit

    The Federal Circuit declined on Thursday to second-guess a Virginia federal judge who sided with the U.S. Patent and Trademark Office in refusing to issue a patent requested to cover a purportedly new way of administering a clinical stage cancer treatment to an AbbVie unit.

  • March 06, 2025

    Reuters Won't Have To Turn Over Meta AI Deal To Authors

    A California federal judge has sided with Reuters News & Media Inc. that it doesn't have to turn over its multi-year licensing agreement with Meta Platforms Inc. to use its news content in Meta's AI chatbot to authors suing OpenAI Inc. for allegedly using their books to train OpenAI's large language models.

  • March 06, 2025

    Penn State Fights Bid To Duck Infringement Case Costs

    An online retailer's bid to avoid paying court costs for the Pennsylvania State University's trademark-infringement case was "unreasonable litigation conduct" and should be denied because Penn State was undoubtedly the prevailing party in the case, the university has told a federal court.

  • March 06, 2025

    Fox Rothschild Lands McCarter & English IP Ace In Princeton

    Fox Rothschild LLP announced Thursday that it has added a New Jersey-based partner specializing in intellectual property and outside general counsel work for emerging growth companies who joined the firm from McCarter & English LLP.

  • March 06, 2025

    Contempt Of Atty's 'Own Making,' Judge Says In Allowing Trial

    A Dutch software company can't push back a copyright trial after one of its attorneys from Womble Bond Dickinson was held in contempt and was temporarily kicked off the case, a North Carolina federal judge ruled, finding the predicament "entirely of counsel's own making."

  • March 05, 2025

    Rival Cos. Called 'Empower' Agree To End TM Fight, For Now

    Empower Annuity Insurance Co. of America and Empower Finance Inc. agreed to end, for now, their trademark infringement dispute over the "Empower" mark, over a year after a Colorado federal judge found customer confusion was "unlikely" in the financial services sector and refused to order Empower Finance to change its name.

  • March 05, 2025

    PTAB Bar Urges Congress, Lutnick To Protect USPTO Workers

    The PTAB Bar Association is calling on intellectual property leaders in Congress, along with Commerce Secretary Howard Lutnick, to spare the U.S. Patent and Trademark Office from Trump administration initiatives to freeze hiring and require in-person work.

Expert Analysis

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • What Nearshoring Growth In Americas Means For Patents

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    With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'

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    The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Patent Ruling Sheds Light On Printed Matter Doctrine

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    Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • US-China Deal Considerations Amid Cross-Border Uncertainty

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    With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Patent Policy Changes To Track Under New Gov't Leadership

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    The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.

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