Intellectual Property

  • July 05, 2024

    HBO Dodges Copyright Suit Over 'FBoy Island,' For Now

    A New York federal judge ruled that a young producer failed to sufficiently allege HBO's "Fake Famous" and "FBoy Island" shows ripped off his "Instafamous" reality show concept, but the flaws in the producer's copyright infringement allegations weren't so bad they couldn't be fixed.

  • July 05, 2024

    Apple Says Masimo Can't Rely On LKQ In Design Patent Fight

    Apple Inc. has told a Delaware federal court that medical tech company Masimo Corp.'s attempt to use the Federal Circuit's latest holding on design patent jurisprudence in one of their multiple ongoing legal fights surrounding the Apple Watch "fails to address any … authority concerning any pending motion."

  • July 05, 2024

    Don't Defer To ITC On Domestic Industry, Fed. Circ. Told

    The U.S. Supreme Court's elimination of Chevron deference confirms that courts need not defer to the U.S. International Trade Commission's interpretation of the domestic industry requirement for patent cases, eyelash extension company Lashify has told the Federal Circuit.

  • July 05, 2024

    How Reshaped Circuit Courts Are Faring At The High Court

    Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.

  • July 05, 2024

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.

  • July 05, 2024

    High Court Flexes Muscle To Limit Administrative State

    The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.

  • July 05, 2024

    The Sharpest Dissents From The Supreme Court Term

    The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.

  • July 05, 2024

    5 Moments That Shaped The Supreme Court's Jan. 6 Decision

    When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.

  • July 05, 2024

    The Funniest Moments Of The Supreme Court's Term

    In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.

  • July 05, 2024

    WDTX Judge Sends Patent Case Against HP To Calif.

    A Texas federal judge ruled the Lone Star State is not the right place to litigate a suit accusing HP of infringing several patents on USB port technology, saying the case belongs in California federal court.

  • July 05, 2024

    DQ'd Atty Denied Bid To Have Netflix Atty Held In Contempt

    A California federal judge rejected a bid by a former Whitestone Law attorney to hold an attorney representing Netflix in a patent infringement case in contempt over harassment allegations, determining that the unwanted contact does not violate the order disqualifying his ex-firm.

  • July 05, 2024

    Ex-BigLaw Atty Settles Defamation Suit Against Influencer

    Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.

  • July 05, 2024

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.

  • July 05, 2024

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

    This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.

  • July 05, 2024

    Novartis Allegedly Sat On Drug Rights To Avoid $1B Payment

    Drugmaker Novartis has allowed its right to develop a promising cancer treatment to "wither on the vine" to avoid having to pay nearly $1 billion under an interest purchase agreement with a Massachusetts company, a lawsuit filed in state court alleges.

  • July 03, 2024

    7th Circ. Backs Bulk Of Motorola's $540M Award In IP Fight

    The Seventh Circuit has become one of the first courts to apply trade secrets laws extraterritorially, affirming a $407 million award Motorola won from a Chinese rival for Defend Trade Secrets Act damages in a suit over mobile radios, while finding that a $136 million award for copyright damages will have to be "reduced substantially" in order to cut out international sales.

  • July 03, 2024

    Electric Jet Co. Scoffs At Boeing Bid To Undo $72M IP Verdict

    Zunum Aero Inc. said that a federal judge should reject The Boeing Co.'s efforts to cancel a $72 million jury award for misappropriating the electric jet startup's trade secrets, saying evidence presented during a 10-day trial in May amply supports the verdict.

  • July 03, 2024

    Roche Says Stanford Profs Stole Cancer Detection Tech

    Roche Molecular Systems has accused Stanford University and several faculty members of swiping its proprietary cancer detection technology and secretly founding a new company with it, according to a suit filed in California federal court.

  • July 03, 2024

    Don't Dismiss Suit Over Ex-Employee's 'Raid,' Lender Says

    Mortgage lender Caliber Home Loans Inc. has accused a competitor of taking "another bite at the preemption apple" in seeking dismissal of the latest version of a suit over alleged poaching, telling a Dallas federal judge that the suit revision raises "additional, distinct facts" that support allowing its claims to go forward.

  • July 03, 2024

    Sonos Says Chevron's End Doesn't Impact Google Patent Row

    The U.S. Supreme Court's abolition of so-called Chevron deference doesn't warrant granting Google's request for the full Federal Circuit to review precedent on the U.S. International Trade Commission's patent powers, which requires "special justification" to undo, Sonos said Wednesday.

  • July 03, 2024

    Adobe Prevails As Fed. Circ. Rules Alice Dooms E-Sign Patent

    The Federal Circuit on Wednesday affirmed a lower court's ruling that axed an electronic signature patent for not inventing "much of anything," saying the patent Adobe Inc. allegedly infringed merely covered a long-standing business practice of signing documents.

  • July 03, 2024

    Restaurant Group Gets Another Shot At TM Suit Against Hotel

    The Fifth Circuit has revived a trademark infringement case in which restaurant chain Lettuce Entertain You Enterprises accused Hotel Magdalena Joint Venture of ripping off its summer-themed branding, finding that the lower court didn't apply the right standard properly.

  • July 03, 2024

    Realtor.com Parent Accuses CoStar Of Stealing Trade Secrets

    The parent company of Realtor.com sued CoStar Group Inc. and one of its employees in California federal court Tuesday, alleging the worker stole confidential trade secrets from his time working at Realtor.com in order to boost the performance of CoStar's rival real estate website, Homes.com.

  • July 03, 2024

    Revived Skinny Label Case Is A Warning For Generics

    The Federal Circuit has made clear that generic-drug companies need to pay close attention to public statements when advertising drugs that still have patent-protected uses, even if their so-called skinny labels properly avoid references to those carved-out indications, attorneys say.

  • July 03, 2024

    Full Fed. Circ. Urged To Rethink Amazon Patent Program Case

    Lighting Defense Group has urged the full Federal Circuit to undo a decision that it must face a declaratory judgment suit in the home state of a company it accused of infringement through an Amazon patent program, saying the holding is in "intractable conflict" with precedent.

Expert Analysis

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

    Author Photo

    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Supply Chain Considerations For Companies Deploying AI

    Author Photo

    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

    Author Photo

    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

    Author Photo

    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Patent Lessons From 4 Federal Circuit Reversals In April

    Author Photo

    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • How To Use Exhibits Strategically Throughout Your Case

    Author Photo

    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Tips For Companies Tapping Into Commercial Cleantech

    Author Photo

    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

    Author Photo

    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • Series

    Being An EMT Makes Me A Better Lawyer

    Author Photo

    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

    Author Photo

    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Tips For Keeping Trade Secrets In The Vault

    Author Photo

    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

  • Reducing Patent Litigation Costs Starts With Early Strategy

    Author Photo

    With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.

  • Legal Issues To Watch As Deepfake Voices Proliferate

    Author Photo

    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

  • Opinion

    'Natural Person' Or Not, AI-Made IP Deserves Protection

    Author Photo

    The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

    Author Photo

    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!