Intellectual Property

Featured

Ruling Adds To Risk Of Patent Format Tied To Improvements

A Federal Circuit decision from last month has created pitfalls for entities using a type of patent claim that describes an improvement on previous technology, making the so-called Jepson format, which is already uncommon, even less appealing for applicants, attorneys said.
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.
April 10, 2025
ITC Blocks Imports Of Copycats Of Eli Lilly Weight Loss Drug

The U.S. International Trade Commission has banned imports of versions of Eli Lilly's highly popular, multibillion-dollar weight loss drug that infringe a trademark the drugmaker has.
April 10, 2025
Bipartisan AI Deepfakes Bill Reintroduced In Congress

A bipartisan group of lawmakers in Congress will again try to address the proliferation of so-called deepfakes created with artificial intelligence with a bill that would give individuals the right to authorize or oppose the use of their voice or visual likeness.
April 10, 2025
Court Rejects Atty's Bid To Exit Copyright Suit Over AI Art

A Colorado federal judge overseeing a lawsuit from a man who wants to register artwork created on an artificial intelligence platform has rejected his attorney's motion to withdraw from the case, finding that good cause has not been shown.
April 10, 2025
Oracle Wins Bid To Keep Trade Secret Case Out Of Arbitration

Oracle doesn't have to arbitrate its trade secret case against a former employee accused of absconding to a rival with confidential information related to enterprise resource planning applications, after a California federal judge said Wednesday he signed a proprietary information contract that says such issues could be litigated in court.
April 10, 2025
Albright Sends VLSI-Intel Licensing Question To Trial

A Texas federal jury must determine whether VLSI Technology is controlled by Fortress Investment Group before a judge can then decide whether Intel Corp.'s license with a Fortress affiliate extends to VLSI's patents, U.S. District Judge Alan Albright ruled Thursday.
April 10, 2025
Pharma Cos.' Patent Practices Limit Drug Access, Report Says

The two major pharmaceutical companies behind leading GLP-1 products are leveraging so-called patent thickets to maintain their monopolies over the diabetes and weight loss medications, a practice that can impede access to those drugs, according to a report released Thursday.
April 10, 2025
Amarte Wins ITC Import Ban In Eye Cosmetics TM Case

The U.S. International Trade Commission has blocked a series of foreign companies from importing eye cosmetics products that infringe an Amarte trademark into the U.S.
April 10, 2025
Carlton Fields Beats DQ Bid In Fla. $500M Miss America Suit

A Florida federal judge denied a bid to disqualify Carlton Fields in a $500 million lawsuit over the ownership of the company that runs the Miss America pageant, saying such a remedy is extraordinary, and that the allegations are "scattered and speculative."
April 10, 2025
Fed. Circ. Refuses SAP's Bid To Transfer EDTX Patent Case

The Federal Circuit on Thursday shut down an attempt by major German software company SAP SE, which is represented by former U.S. Patent and Trademark Office Director Kathi Vidal, to transfer a patent infringement suit out of the Eastern District of Texas' Marshall division to the Sherman branch.
April 10, 2025
Sagitec Sues Deloitte For Defamation In Trade Secrets Spat

Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.
April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers

The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
April 09, 2025
Tillis Says China IP Theft Should Be Priority In Trade Talks

U.S. Sen. Thom Tillis, R-N.C., on Wednesday called China's theft of U.S. intellectual property "rampant" and said the issue should be near the top of the agenda if the Trump administration enters trade negotiations with the Chinese government in the coming weeks.
April 09, 2025
'You Won,' Fed. Circ. Judge Tells Drug Co. Fighting Injunction

The Federal Circuit vacated an injunction Wednesday that had barred Sun Pharmaceutical from launching its alopecia drug Leqselvi, less than an hour after oral arguments where the judges had little sympathy for a patent owner that was years away from bringing its drug to market.

Editor's Picks

Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman

In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
Full Fed. Circ. Looks To Clarify Damages In Google Case

The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
Who Wore '8' Better? Jackson, Aikman Locked In TM Battle

Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.

Expert Analysis

Strategies To Help Witnesses Manage Deposition Anxiety

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

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

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

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

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

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

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

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

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

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

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

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

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.
How To Ensure Confidentiality When Using AI In Discovery

In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
An Update On IPR Issue Preclusion In District Court Litigation

Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.