Intellectual Property

  • April 11, 2025

    Patent Exec Hasn't Yet Proven Defamation In Baker Botts Case

    A Florida federal judge held Friday that it's too early to rule in favor of a patent licensing company executive accusing a Baker Botts LLP attorney of defamation, ruling that there are still "material facts in dispute."

  • April 11, 2025

    9th Circ. Revives AirDoctor's $2.5M Damages Bid In TM Suit

    The Ninth Circuit on Friday revived AirDoctor's request for $2.5 million in damages after scoring default judgment against a competitor in a trademark infringement and unfair competition case over replacement air filters, noting the plaintiff isn't barred from actual damages just because it didn't seek a specific amount in its complaint. 

  • April 11, 2025

    Gym 'Grip' Developer Targets Rival In Patent Suit In Georgia

    A Massachusetts company that sells "grip enhancement" gel to athletes has filed a lawsuit accusing a Georgia rival of patent infringement.

  • April 11, 2025

    Tether-Backed Crypto Co. Can't Duck Swan's Trade Secrets Suit

    A California federal judge has ruled that an entity backed by cryptocurrency Tether can't escape a trade secrets suit from crypto trading firm Swan Bitcoin, which claims the entity reneged on a commitment to provide financing for a bitcoin mining deal and induced Swan employees to quit and steal the firm's proprietary information.

  • April 11, 2025

    T-Mobile Prevails In Wireless Patent Trial In EDTX

    T-Mobile on Friday persuaded jurors in the Eastern District of Texas to reject an infringement case from a patent licensing company that had landed a nine-figure verdict against a different telecom company in another patent case that later settled amid a retrial.

  • April 11, 2025

    ITC Judge Cites Fed. Circ. In Patent Win For Cooler Master

    A U.S. International Trade Commission judge has ruled that three companies violated trade law by importing computer cooling mechanisms that infringe Cooler Master Co. Ltd. patents, citing a recent Federal Circuit ruling to find that the Taiwan-based patent owner has a U.S. domestic industry.

  • April 11, 2025

    Foreign Cos. Say Anti-Choking Device Patent Is Invalid

    Two companies from China and one from Malaysia filed a lawsuit Friday in Texas federal court seeking an order that an anti-choking device patent is invalid, after the patent's owner allegedly told Amazon the foreign businesses' product listings on the website infringed his patent.

  • April 11, 2025

    Samsung Used Our Algorithms, Israeli Co. Says In IP Suit

    Samsung is facing a patent infringement lawsuit in Texas from an Israeli startup that says it negotiated with the smartphone maker almost a decade ago to discuss improving the image quality of cellphone photos using "proprietary image improvement algorithms."

  • April 11, 2025

    Aurinia Sues Lotus Alleging Lupus Drug Patent Infringement

    Kidney-focused biotech Aurinia Pharmaceuticals Inc. on Friday launched a lawsuit in New Jersey federal court claiming that Lotus Pharmaceutical Co. Ltd.'s bid to sell a generic form of Aurinia's lupus nephritis treatment Lupkynis infringes a pair of patents.

  • April 11, 2025

    AbbVie, Sandoz Settle Patent Fight Over Rinvoq Generics

    AbbVie has settled a dispute accusing Sandoz of infringing multiple patents with its proposed generic versions of AbbVie's blockbuster immunosuppressant drug Rinvoq, according to a stipulation filed Friday in Delaware federal court.

  • April 11, 2025

    NBA's Licensing Arm Seeks To Block Foreign Counterfeiters

    The NBA's licensing arm filed a copyright infringement suit Friday in Illinois federal court against a cadre of foreign e-commerce operators for allegedly selling counterfeit merchandise, saying the fake products are diluting its brand, harming its reputation and diverting money from its coffers.

  • April 11, 2025

    EV Charging Biz Sues Over Alleged Seattle Station IP Theft

    An electric-vehicle charging network has launched a lawsuit in Seattle federal court accusing a number of Washington state residents of conspiring to rip equipment from its charging stations in order to resell it on the streets, while also lifting the company's trade secrets.

  • April 11, 2025

    5th Circ. Revives Unfair Competition Fight Over Arthritis Drug

    The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.

  • April 11, 2025

    Duke, UNC Football Players Sue NCAA Over Eligibility Waivers

    Four football players from Duke and the University of North Carolina at Chapel Hill filed two separate lawsuits in North Carolina Business Court on Friday after the NCAA denied their requests for another year of eligibility, adding to the growing list of plaintiffs protesting the organization's eligibility rules.

  • April 11, 2025

    NC Judge Whittles PVC Pipe Co.'s Trade Secrets Suit

    A state court judge has scaled back PVC pipe-maker Atkore International Inc.'s suit accusing a former high-level executive of taking valuable information to a competitor, greenlighting the company's claim for trade secrets' theft but rebuffing its noncompete as unenforceable.

  • April 11, 2025

    Miami Art Dealer Arrested, Accused Of Selling Fake Warhols

    A Miami art dealer was charged in Florida federal court for allegedly selling fake Andy Warhol artwork to his gallery clients, the U.S. Attorney's Office for the Southern District of Florida announced Thursday.

  • April 11, 2025

    OpenAI Says Co. Sought 'Open AI' TM After It Became Famous

    OpenAI has urged a California federal court to find that it holds senior, protectable trademark rights over a company called Open Artificial Intelligence, saying the entity "rushed" to register its name only after the ChatGPT developer began getting media attention about a decade ago.

  • April 11, 2025

    Texas, Washington Immigration Firm Rivals Settle Suit

    A Washington state-based immigration firm and a Texas rival have agreed to settle a trade secrets battle between them, telling a Houston federal court they've agreed to drop all the allegations in the case.

  • April 11, 2025

    Off The Bench: A Wait On NIL Settlement, Done Deal In Soccer

    In this week's Off The Bench, the big NCAA name, image and likeness settlement still needs more work, a long-awaited settlement between U.S. Soccer and a prominent sports promotion company is completed, and a resolution of the conflict between Northwestern University and its football players is a step closer.

  • April 11, 2025

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

    This past week in London has seen law firm Michael Wilson & Partners reignite a 20-year dispute with a former director over an alleged plot to form a rival partnership, headphone maker Marshall Amplification sue a rival in the intellectual property court, and a commercial diving company pursue action against state-owned nuclear waste processor Sellafield. Here, Law360 looks at these and other new cases in the U.K.

  • April 10, 2025

    IP Forecast: Novartis' Entresto Fight Heads To DC Circ.

    Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • April 10, 2025

    9th Circ. Open To Sending Invisalign Antitrust Suit To Trial

    Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.

  • April 10, 2025

    Pharma Giants Sued Over Ex-Sanofi Drug Delivery Patents

    Pharmaceutical companies Novo Nordisk, GSK, Bayer, Medtronic and Ypsomed have all been sued in the Eastern District of Texas over drug delivery patents that Auto Injection Technologies LLC acquired from Sanofi-Aventis in recent months.

  • April 10, 2025

    BASF Accuses Duracell Of Stealing Lithium Battery Secrets

    Duracell is being accused by chemical company BASF Corp. of stealing trade secrets about its lithium battery technology after gaining access to the information through a cooperation agreement, according to a lawsuit unsealed in Delaware federal court.

  • April 10, 2025

    Insurance Agency Accuses Former Exec Of Poaching Clients

    A Florida insurance agency has accused its former vice president of sales of poaching clients and misappropriating trade secrets when he left for a direct competitor, according to a lawsuit removed to federal court.

Expert Analysis

  • How Patent Prosecution Length Affects Infringement Findings

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    A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.

  • Takeaways From Gov't Report On AI Copyrightability

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    A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • 3 Red Flags To Watch For When Valuing Patent Portfolios

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    As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Protecting Brand Identity In An AI-Driven Marketplace

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    A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

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