Intellectual Property

  • October 31, 2024

    IP Forecast: Another Apple Watch Trial Kicks Off In California

    Apple and Masimo will face off next week in their long-running feud over whether the tech giant misappropriated Masimo's trade secrets for some of the health-monitoring features used in newer versions of the Apple Watch. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 31, 2024

    Fed. Circ. Backs PTAB Invalidation Of 3 Centripetal Patents

    The Federal Circuit on Thursday upheld a set of Patent Trial and Appeal Board decisions that found three Centripetal Networks patents that cover detecting network threats were invalid, agreeing they were too obvious to warrant patent protection.

  • October 31, 2024

    Jury Awards Synopsys $550K In IP Suit Against Software Rival

    A California federal jury has awarded software company Synopsys Inc. nearly $550,000 in damages after its competitor, Real Intent Inc., was found to have breached contractual agreements by copying certain commands from Synopsys' software — but the defendants' counsel considers the damages award a victory.

  • October 31, 2024

    Tribal Nonprofit Says Employees Divulged Trade Secrets

    A Native American nonprofit is suing an Oregon environmental consulting firm, alleging that its founder and chief executive officer divulged the trade secrets information of tribes and others and made false accusations to donors that it was mismanaging funds.

  • October 31, 2024

    'Extraordinary' Fed. Circ. Ruling Revives Seirus Invalidity Row

    Seirus Innovative Accessories Inc. will be able to pursue its defense that a Columbia Sportswear clothing design patent is invalid as obvious "under the new, less-rigid approach" established by the Federal Circuit in an "extraordinary" decision earlier this year, a California federal judge ruled.

  • October 31, 2024

    Judge Axes Disbarred NC Atty's Suit After Late Objection

    A North Carolina federal judge has thrown out a disbarred attorney's suit against the U.S. Patent and Trademark Office, stating that the former lawyer failed to timely object to a recommendation that the case be dismissed and that his stated reason for missing the deadline was "not credible."

  • October 31, 2024

    Everglades Scientist's Contempt Upheld Over Data Theft

    A Florida state appellate panel upheld indirect criminal contempt against an Everglades scientist after a lower court found he violated an order to return data he allegedly took upon resigning from his previous nonprofit job following a falling out with the CEO and went to work for a rival organization.

  • October 31, 2024

    Centripetal's $151.5M Patent Award Slashed To $113.6M

    A Virginia federal judge has ruled that cybersecurity company Palo Alto Networks didn't infringe one of the patents in a case where a jury awarded rival Centripetal $151.5 million, reducing that amount to $113.6 million.

  • October 31, 2024

    Copyright Office Says Rest Of AI Report To Come By Year End

    The U.S. Copyright Office plans to submit the remainder of a report on the intersection of artificial intelligence and copyright law by the end of the year, the office told House lawmakers who expressed concern over what they said were late submissions.

  • October 31, 2024

    Textbook Cos. Fight To Keep Google Pirated Books Suit Alive

    Several textbook publishers have urged a Manhattan federal judge to keep their copyright and trademark infringement suit against Google intact, alleging the tech giant has profited from the sale of pirated textbooks it advertises in searches, contrary to the company's assertions.

  • October 31, 2024

    What DOJ's New National Security Obsession Means For Attys

    The Justice Department’s emerging criminal crackdown on corporate national security violations is putting increased pressure on white collar lawyers to be conversant, if not experts, on opaque, complex and swiftly evolving regulations.

  • October 31, 2024

    NFL Legend Barry Sanders Hit With Copyright Suit

    Famed former Detroit Lions running back Barry Sanders is the subject of a new copyright infringement lawsuit, with the same professional photographer who is separately suing the NFL team and other entities over the same alleged misuse of a copyrighted photo.

  • October 31, 2024

    The 2024 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.

  • October 31, 2024

    Firms' Hiring Strategies Are Evolving In Fight For Top Spot

    Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.

  • October 31, 2024

    Teva Fined €463M For Blocking Rival MS Drug Launch

    The European Union antitrust enforcer hit pharmaceutical giant Teva with a €463 million ($502 million) fine Thursday for launching a smear campaign against a rival multiple sclerosis drug and misusing the patent system to thwart the competitor's attempt to enter the market.

  • October 30, 2024

    FDA Didn't Flub Approval In Orphan Drug Case, DC Court Says

    The U.S. Food and Drug Administration didn't err in determining that a rival narcolepsy treatment is not the "same drug" as Jazz Pharmaceuticals' exclusive treatment, a D.C. federal judge ruled Wednesday, holding that the FDA's approval of the rival drug didn't run afoul of the Orphan Drug Act.

  • October 30, 2024

    Judge Quizzes Attys As $1.5M Mascara TM Trial Wraps

    A California federal judge quizzed counsel during bench trial closings Wednesday in Benefit Cosmetics' $1.49 million lawsuit alleging e.l.f. Cosmetics' "Lash 'N Roll" mascara ripped off Benefit's blockbuster "Roller Lash" mascara, questioning why Benefit didn't conduct a consumer survey and asking whether it matters that Benefit inspired e.l.f.'s product.

  • October 30, 2024

    Realtor.com's Parent Can Amend Costar Claims, Judge Rules

    A federal judge has ruled that Realtor.com's parent company can amend two claims alleging its rival Costar unlawfully accessed its computers but that it would not be limited in its Computer Fraud and Abuse Act claim to arguing that it suffered "technological harms."

  • October 30, 2024

    After Exeltis Win, Judge Won't Allow Suits On Dropped Patents

    A Delaware federal judge has shot down a request that seven patents Insud Pharma's New Jersey-based division Exeltis USA Inc. dropped in patent litigation against Lupin Pharmaceuticals Inc. be dismissed in a way where they could be refiled later.

  • October 30, 2024

    Northwestern Settles Patent Suit After $6.6M Trial Win

    Northwestern University told a Delaware federal judge it has reached a deal to bring an end to its patent infringement suit against Universal Robots over three patents on collaborative robot, or "cobot," systems, about a month after a jury handed the school a $6.6 million verdict in its favor.

  • October 30, 2024

    4th Circ. Mulls Shipping Honeywell Royalty Fight To Fed. Circ.

    The Fourth Circuit grappled Wednesday with whether a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival had its roots in patent or contract law, which could dictate whether the appeal stays put or gets kicked over to the Federal Circuit.

  • October 30, 2024

    Judge Finds Some Patent Claims Indefinite In Chip Fight

    A California federal judge has found that some of the claims in HD Silicon Solutions LLC patents it accused semiconductor company Microchip Technology Inc. of infringing are invalid, ruling they are not specific enough.

  • October 30, 2024

    Halliburton Loses Fracking Claims At Patent Board

    A Texas business has persuaded an administrative board at the patent office to wipe out all of the claims in a Halliburton Co. patent that covered a method of operating an electric fracking pump.

  • October 30, 2024

    Suit Says Print Shop Stole Watermarked Pics For Contract Bid

    An advertising firm is taking a printing and promotions shop to North Carolina federal court after the printer allegedly misappropriated photos of the ad company's camouflage products and used them to try to score a merchandising deal with the Missouri Army National Guard despite one picture bearing its actual owner's watermark.

  • October 30, 2024

    Eyelash Biz Wants Albright To Triple $31M Patent Verdict

    A California company that sells do-it-yourself eyelash extension kits is asking U.S. District Judge Alan Albright to triple a nearly $31 million willful patent infringement verdict against a Chinese rival that "intentionally flooded the market with 632 models of infringing products."

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Trademark Food For Thought When Rebranding

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    Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Opinion

    Bring Back Patent Models To Shut Down The Patent Trolls

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    By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

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