Intellectual Property

  • January 31, 2025

    Netlist Can't Get Injunction After $118M Win Against Samsung

    Marshall, Texas' U.S. District Judge Rodney Gilstrap on Friday declined to issue an injunction blocking Samsung Electronics Co. Ltd. from selling products that use chips tied to a patent infringement case where Netlist Inc. won a $118 million jury verdict. 

  • January 31, 2025

    Justices Implored To Consider Tipster Medical Device Row

    A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.

  • January 31, 2025

    Perplexity AI Hit With TM Case From Software Co.

    Perplexity AI Inc. is facing a trademark infringement suit in California federal court from a software company that argues that the artificial intelligence-powered search engine "believes it is entitled to trample on the rights of a proverbial 'little guy' without consequence."

  • January 31, 2025

    Musi Loses Early Bid To Get Back On App Store

    A California federal judge has rejected a music streaming service's initial bid to be restored to Apple's App Store after it had been removed for alleged intellectual property infringement, saying that the tech giant has "broad discretion" to delete apps from its marketplace.

  • January 31, 2025

    Via Picks Up $1.4M Verdict In 'Virtual Bus Stop' Patent Fight

    A federal jury in Waco, Texas, said a Canadian ride-hailing software startup owed nearly $1.4 million to rival developer Via Transportation in a fight in which each side accused the other of patent infringement.

  • January 31, 2025

    9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard

    Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.

  • January 31, 2025

    Up, Up And Away Again: New 'Superman' IP Suit Takes Flight

    The heirs of "Superman" co-creator Joseph Shuster on Friday launched another intellectual property fight, this time alleging that DC Comics has continued to exploit the foreign copyrights to the original character and story even though, in a handful of countries, those rights automatically reverted to his estate years ago.

  • January 31, 2025

    Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

    A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

  • January 31, 2025

    Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe

    In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.

  • February 14, 2025

    Law360 Seeks Members For Its 2025 Editorial Boards

    Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.

  • January 31, 2025

    Goldstein Case Raises The Stakes For A DOJ Office In Tumult

    The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.

  • January 31, 2025

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

    This past week in London has seen another claim by Woodford investors against Hargreaves Lansdown in the widening £200 million ($248 million) dispute over the fund's collapse, a solicitor barred for his role in a suspected advance fee fraud face action by a Swiss wholesaler, and The Resort Group, which markets investments in luxury hotel resorts, hit with a claim by a group of investors. Here, Law360 looks at these and other new claims in the U.K.

  • January 31, 2025

    Trump's DEI Cuts Threaten USPTO Innovation Goals

    President Donald Trump's recent actions to purge diversity programs from the federal government and private sector could undermine one of the top objectives of the U.S. Patent and Trademark Office in recent years: expanding access to innovation.

  • January 31, 2025

    Construction Co. Denies Infringing UK Biz's 'Briticom' TM

    A construction business has denied infringing a U.K. company's "Briticom" trademark on counterfeit supplies for a building project in Benin, telling a court that it did not procure any goods unlawfully bearing the brand.

  • January 30, 2025

    Pharmacy Says Its Ex-GC Destroyed Trade Secrets Evidence

    Texas-based Empower Pharmacy on Thursday pressed for sanctions against its former general counsel — who also happens to be a former assistant district attorney in San Antonio — claiming that the lawyer intentionally destroyed a hard drive that contained evidence relevant to Empower's trade secrets suit against a rival pharmacy.

  • January 30, 2025

    Calif. Panel Counsels Female Attys Seeking The First Chair

    Female lawyers seeking to become first-chair trial attorneys must advocate for themselves just as they would for a client, a federal judge said during a Federal Bar Association panel Thursday in San Francisco.

  • January 30, 2025

    Telecom Giants Must Face March Trial In 4G LTE Patent Fight

    A Minnesota federal judge on Thursday refused to hand a group of telecommunications companies a summary judgment win in the University of Minnesota's patent suit over wireless communications technology used in 4G LTE network services, determining that the dispute must be decided by a jury in an upcoming March trial.

  • January 30, 2025

    House Rep. Introduces Bill To Create New Piracy Sites Laws

    Democratic Rep. Zoe Lofgren, who represents Silicon Valley in the U.S. House of Representatives, introduced a bill that seeks to create new site-blocking laws that require U.S. internet service providers to make "a good faith effort" to disable access to pirate websites and seek relief in federal court.

  • January 30, 2025

    Supreme Court Urged To Clarify Alice, End 1-Line Orders

    The owner of a pair of invalidated patents covering medical machinery has asked the U.S. Supreme Court to look at what it called "confusion" stemming from the high court's Alice decision and also at the Federal Circuit's practice of issuing one-line orders.

  • January 30, 2025

    Patent Lawyer Moves From DLA Piper To Kilpatrick

    A Seattle lawyer who does patent work for branded drug developers is taking her practice to Kilpatrick Townsend & Stockton LLP from DLA Piper.

  • January 30, 2025

    Meta VR Headsets Are Not 'Wireless Telephones,' Judge Says

    A federal judge in the Western District of Texas has decided Meta's Quest brand of virtual reality headsets can't be considered "wireless telephones" in a patent lawsuit just because they come preinstalled with the Messenger app, which can take calls.

  • January 30, 2025

    Objection To NCAA's NIL Deal Sparks Attorney War Of Words

    A group of athletes claimed Wednesday that the $2.78 billion settlement with the NCAA over college athlete compensation illegally limited payments and broke antitrust laws, in an objection that spurred the plaintiffs' attorney to accuse the objectors' representatives of failing the athletes in previous court challenges.

  • January 30, 2025

    Trade Court Bans Altria Vape Imports In Juul Patent Case

    The U.S. International Trade Commission has upheld a judge's August finding that Altria's NJOY brand vaping products infringe four patents owned by rival Juul, and further ordered a ban on imports of the infringing products.

  • January 30, 2025

    Takeaways From Jack Daniel's Latest Dog Toy Win

    Jack Daniel's won the latest round last week in its long-running legal battle against the maker of a squeaky, poop-themed dog toy that mimics the whiskey maker's famous bottles, with an Arizona federal judge ruling that VIP Products' parody tarnishes Jack Daniel's brand by associating it with feces.

  • January 30, 2025

    Samsung Gets PTAB To Review 2 Smart Ring Patents

    The Patent Trial and Appeal Board has agreed to hear Samsung's challenge to a pair of patents owned by a company that makes smart rings, finding there was a reasonable chance the electronics giant could potentially prevail in the fight.

Expert Analysis

  • Why India May Become A Major Patent Litigation Forum

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    India is reinventing itself with the goal of becoming a global hot spot for patent litigation, with recent developments at the Delhi High Court creating incentives for plaintiffs to assert patent rights in India, say Ranganath Sudarshan at Covington and IP litigator Udit Sood.

  • Opinion

    To Lower Drug Prices, Harris Must Address Patent Thickets

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    If Vice President Kamala Harris is serious about her pledge to address high drug prices, she must begin by closing loopholes that allow pharmaceutical companies to develop patent thickets that can deter generic or biosimilar companies from entering the market, says Tahir Amin at the Initiative for Medicines, Access & Knowledge.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 5 Ways To Confront Courtroom Technology Challenges

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    Recent cybersecurity incidents highlight the vulnerabilities of our reliance on digital infrastructure, meaning attorneys must be prepared to navigate technological obstacles inside the courtroom, including those related to data security, presentation hardware, video playback and more, says Adam Bloomberg at IMS Legal Strategies.

  • The Fed. Circ. In August: Secret Sales And Public Disclosures

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    Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • Trending At The PTAB: Obviousness In Director Reviews

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    Three July decisions from the U.S. Patent and Trademark Office favoring petitioners indicate a willingness by the director to review substantive issues, such as obviousness, particularly in cases where the director believes the Patent Trial and Appeal Board provided incorrect or inadequate rationale to support its decisions, say attorneys at Finnegan.

  • AI Art Ruling Shows Courts' Training Data Cases Approach

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    A California federal court’s recent ruling in Andersen v. Stability AI, where the judge refused to throw out artists’ copyright infringement claims against four companies that make or distribute software that creates images from text prompts, provides insight into how courts are handling artificial intelligence training data cases, say attorneys at Skadden.

  • FTC Focus: What Access To Patent Settlements Would Mean

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    Settling parties should adopt a series of practice tips, including specifying rationales to support specific terms, as the Federal Trade Commission seeks to expand its access to settlements before the Patent Trial and Appeal Board, say Shannon McGowan and David Munkittrick at Proskauer.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • Takeaways From UPC's Amgen Patent Invalidity Analysis

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    The Unified Patent Court Central Division's decision in Regeneron v. Amgen to revoke a patent for lack of inventive step is particularly clear in its reasoning and highlights the risks to patentees of the new court's central revocation powers, say Jane Evenson and Caitlin Heard at CMS.

  • How Cos. Can Leverage IP In Corporate Bankruptcy

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    In light of an increase in year-to-date Chapter 11 filings, businesses must understand the importance and value of intellectual property in corporate bankruptcy and restructuring, from contributing to enterprise value, to providing leverage in negotiations and facilitating recovery, says Gregory Campanella at Ocean Tomo.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Examining Patent Subject Matter Eligibility Of AI Inventions

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    In light of U.S. Patent and Trademark Office data showing that patent applications for artificial intelligence inventions are likelier to get rejected based on patent-ineligible subject matter, inventors seeking protection should be aware of the difficulties and challenges pertaining to patent eligibility, say Georgios Effraimidis at NERA and Joel Lehrer at Goodwin.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

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