Intellectual Property

  • October 23, 2024

    Custom Electronics Maker Sued For £11.8M Contract Breach

    A vehicle safety company has accused a bespoke electronics maker of breaching a contract to supply exclusively designed vehicle products, suing for £11.8 million ($15.3 million) for going over its head to attract other customers.

  • October 23, 2024

    9th Circ. Backs Injury Firm's Win In Fight Over Google Ads

    The Ninth Circuit has upheld an Arizona federal court's ruling in favor of a Tempe-based personal injury firm that was sued by another personal injury firm, Lerner & Rowe, over its purchases of Google advertising search terms, with the judges finding little "actual confusion" was caused by the advertising strategy.

  • October 23, 2024

    'MetaBirkins' TM Appeal May Split 2nd Circ. On Art Question

    A Second Circuit panel appeared divided Wednesday over whether a Los Angeles man should be liable for infringing Hermès International's handbag trademarks with his "MetaBirkins" nonfungible tokens, with two judges seemingly siding with the Paris designer and one with the purported artist.

  • October 23, 2024

    SAP Faces Trademark Infringement Claim Over 'Joule' AI Tool

    A financial trading platform provider has sued SAP for trademark infringement in a London court, alleging that the software giant's "Joule" artificial intelligence tool infringes its trademarks over the same word.

  • October 22, 2024

    'Dewberry' Ruling Doesn't Threaten Corporate Veil, Justices Told

    An engineering company that won millions of dollars in a trademark case against a real estate developer that tried to use the "Dewberry" name for a hotel told the U.S. Supreme Court Tuesday to let that ruling stand, arguing that the Fourth Circuit ruling in its favor doesn't undermine the corporate veil.

  • October 22, 2024

    IP Atty Group Wants Fed. Circ. To Back Fintiv But Scold USPTO

    A group that advocates for intellectual property lawyers and patent owners has urged the Federal Circuit to uphold Patent Trial and Appeal Board precedent allowing its judges the discretion to deny patent reviews based on how proposed reviews overlap with related litigation in other forums.

  • October 22, 2024

    Biotech Cos. Keep Dancing Despite Purple Book Disclosures

    Neither biologic nor biosimilar makers have dramatically altered how they engage in exchanging patent information with each other in the three years since a law went into effect making more of that data public, surprising attorneys who expected a certain amount of gamesmanship and withholding.

  • October 22, 2024

    PTAB Axes Some Provisur Food Slicer Patent Claims

    The Patent Trial and Appeal Board has found Weber Inc. was able to show most of the claims in a pair of food slicer patents owned by rival Provisur Technologies were invalid as obvious, the latest in a fight that made its way to both the Federal Circuit and the U.S. Supreme Court.

  • October 22, 2024

    IQVIA, Veeva Blast Summary Judgment Bids In Secrets Suit

    Life sciences data giant IQVIA Inc. and competitor Veeva Systems Inc. slammed each other's summary judgment bids made public Tuesday in a trade secrets lawsuit in New Jersey federal court, with Veeva arguing that IQVIA's purported trade secrets are hardly confidential and IQVIA saying Veeva's assertions are "a last-ditch effort to avoid liability."

  • October 22, 2024

    10th Circ. Affirms Energera Broke Deal By Filing Patent Suits

    The Tenth Circuit has ruled that both basic logic and "ordinary grammar" support the finding that a covenant not to file any further patent infringement lawsuits was broken by Colorado oil field equipment supplier Energera when it continued to sue Fuel Automation's future customers over "related" patents.

  • October 22, 2024

    Pot Co. Says Rolling Paper Co. Has Limited 'Juicy' Mark Rights

    The maker of Raw rolling papers may have a trademark on "Juicy" when it comes to tobacco goods but that doesn't extend to marijuana products, a Colorado cannabis company has told a federal court, urging that an infringement suit against it be tossed.

  • October 22, 2024

    Patent Office Finds Public Engagement Leader

    The U.S. Patent and Trademark Office has tapped a former U.S. Small Business Administration program specialist to head the patent office's recently created section meant to bolster its outreach and communication efforts.

  • October 22, 2024

    Judge Skeptical Amgen Can't Sue Over Colo. Drug Price Caps

    A Colorado federal judge on Tuesday seemed to doubt the state could short-circuit drugmaker Amgen's challenge to the state's drug price cap system, pressing the state to explain why limiting what consumers ultimately pay does not affect what companies like Amgen can charge.

  • October 22, 2024

    Anthropic Says Fair Use Bars Authors' Copyright Class Action

    Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.

  • October 22, 2024

    Haynes Boone Adds Fish & Richardson Patent Atty In SF

    Haynes and Boone LLP announced Tuesday the firm has added a patent prosecutor from Fish & Richardson PC to its San Francisco office, where the leader said the new partner's AI experience will assist the firm in helping clients to innovate and remain competitive.

  • October 22, 2024

    MVP: Reichman Jorgensen's Reichman And Lehman

    Courtland Reichman and Christine Lehman of Reichman Jorgensen Lehman & Feldberg LLP won a $525 million patent infringement trial against Amazon and secured an $84 million verdict in another patent infringement case against tech giant VMware in the span of a year, earning them a spot as 2024 Law360 Intellectual Property MVPs.

  • October 22, 2024

    How Law Firms Get And Keep Elite Status

    For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.

  • October 22, 2024

    The 2024 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

  • October 22, 2024

    DraftKings, Former Exec Eye Settlement Over Noncompete

    DraftKings and a former vice president accused of violating a noncompete agreement by jumping to competitor Fanatics are attempting to settle their differences, according to a Tuesday filing in Massachusetts federal court.

  • October 22, 2024

    Reebok Settles Testy TM Suit With Italian Shoemaker

    Reebok has settled a suit claiming Italian shoemaker Autry USA LLC ripped off several of the sneaker giant's trademarks, ending a contentious case that saw Reebok seek to sanction its rival for what it termed "underhanded" tactics.

  • October 21, 2024

    Eli Lilly Slams 'Dangerous' Knock-Off Weight Loss Drugs

    Eli Lilly & Co. on Monday launched a trio of lawsuits in Indiana, Texas and Washington federal courts accusing three telehealth companies of peddling illicit knockoffs of its weight-loss medications that have not been approved by the U.S. Food and Drug Administration and that pose a danger to patients.

  • October 21, 2024

    Kids' YouTube Studio Goes After 'Top Blippi Impersonator'

    The company that makes the hit childrens' show "Blippi" has accused a Florida man of infringing on its intellectual property rights by offering "counterfeit services providing Blippi Show impersonators," according to a suit filed Monday in Florida federal court.

  • October 21, 2024

    ​​​​​​​Cox Asks Justices To Nix Sony's $1B Music Copyright Appeal

    Cox on Monday urged the U.S. Supreme Court to reject Sony and other music publishers' bid to reinstate a $1 billion damages award undone by the Fourth Circuit, arguing it can't be penalized for internet piracy because continuing to provide an internet connection is not profiting off copyright infringement.

  • October 21, 2024

    Apple Tells Del. Jury It Wants Smartwatch Infringing To Stop

    An Apple attorney told a federal jury in Delaware on Monday that the company is willing to accept only a token damage award from Masimo Corp. for the health tech company's infringement of Apple's smartwatch, but wants the alleged copying barred.

  • October 21, 2024

    NCAA Wants Suit From Ex-College Basketball Players Tossed

    The NCAA wants a New York federal court to dismiss a lawsuit by men's college basketball players that accuses the organization of exploiting their name, image and likeness by continuously replaying their highlights from March Madness, arguing that it fails in numerous ways, including time-barred claims.

Expert Analysis

  • 3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy

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    The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Opinion

    Unclear Intellectual Property Laws Are Stifling US Innovation

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    U.S. intellectual property law’s lack of predictability means far less job-creating investments for companies that need patent protection to compete, and Congress must step in with legislation like the Patent Eligibility Restoration Act to help address the problem, says Michael Gulliford at Soryn IP Capital Management.

  • The Fed. Circ. In June: More Liability For Generic-Drug Makers

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    The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Proposed NIL Deal Leaves NCAA Antitrust Liability Door Open

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    The proposed House v. NCAA settlement filed in California federal court creates the possibility of significant direct payments to student-athletes for the first time, but the resulting framework is unlikely to withstand future antitrust scrutiny because it still represents an agreement among competitors to limit labor cost, says Yaman Desai at Lynn Pinker.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • USPTO Must Anticipate 'Black-Box Problem' For AI Inventions

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    The U.S. Patent and Trademark Office's recent guidance allows patents for inventions created with artificial intelligence, but inventors need to address the so-called black-box problem to ensure others can recreate the invention, thus meeting the enablement requirement, say Mark Basanta and Georg Reitboeck at Haug Partners.

  • Irish Businesses Should Act Now To Prepare For EU AI Act

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    Artificial intelligence is increasingly transforming the Irish job market, and proactive engagement with the forthcoming European Union AI Act, a significant shift in the regulatory landscape for Irish businesses, will be essential for Irish businesses to responsibly harness AI’s advantages and to maintain legal compliance, say lawyers at Pinsent Masons.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Considerations For Federal Right Of Publicity As AI Advances

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    Amid rapid advances in generative artificial intelligence technology, Congress should consider how a federal right of publicity would interact with the existing patchwork of state name, image and likeness laws, as well as other issues like scope, harm recognized and available relief, says Ross Bagley at Pryor Cashman.

  • What Patent Litigators Should Know About CHIPS Act Grants

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    With the U.S. Department of Commerce now actively awarding grants under the CHIPS and Science Act, recipients should ensure they understand the implications of promises to construct new semiconductor manufacturing facilities, especially in jurisdictions with active patent litigation dockets, say Gabriel Culver and Peter Hillegas at Norton Rose.

  • Patent Lessons From 5 Federal Circuit Reversals In June

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    A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance

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    A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.

  • Recent Settlement Shows 'China Initiative' Has Life After Death

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    Though the U.S. Department of Justice shuttered its controversial China Initiative two years ago, its recent False Claims Act settlement with the Cleveland Clinic Foundation demonstrates that prosecutors are more than willing to civilly pursue research institutions whose employees were previously targeted, say attorneys at Benesch.

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