Intellectual Property

  • February 12, 2025

    Bausch Health Beats Suit Over 'Faking' Financial Stability

    Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday that most of the challenged statements in the complaint are inactionable.

  • February 12, 2025

    Labcorp Can't Score New Trial After $384M Patent Loss

    Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.

  • February 12, 2025

    ITC To Review If Voltage Infringes Shoals' Solar Patents

    About a month after Shoals Technologies Group filed a patent infringement complaint against North Carolina solar provider Voltage LLC and a Chinese manufacturing company, the U.S. International Trade Commission voted Tuesday to investigate the entities' importation and sale of accused photovoltaic trunk bus cable assemblies and their components.

  • February 12, 2025

    Ex-Schwab Employee Enjoined From Using Client Info

    A Texas federal judge on Wednesday barred a former Charles Schwab employee from using the brokerage firm's allegedly stolen client information, requiring him to return all records and submit any devices with relevant materials for forensic examination.

  • February 12, 2025

    Copyright Office's Economist Report Chimes In On AI Debate

    A report released Wednesday by a group of economists convened by the U.S. Copyright Office explores the complicated — and sometimes fraught — economic considerations at the heart of the debate over copyright policy and artificial intelligence.

  • February 12, 2025

    USPTO Ends Fast Exams Of Patents Targeting Climate Change

    The U.S. Patent and Trademark Office has suspended a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, saying any future petitions to participate in the program will not be granted.

  • February 12, 2025

    Western Digital Told To Pay $553M Sooner Rather Than Later

    Hard drive manufacturer Western Digital now has less than seven days to put up over half a billion dollars to satisfy a patent judgment after a California federal judge said he "has concerns about potential corporate restructuring."

  • February 12, 2025

    Albertsons To Face Reduced Claims Over Tech Theft

    A Washington federal judge has cleared software company Replenium Inc. to pursue trade secret and promissory estoppel claims against Albertsons, finding it plausibly alleged the grocer misused confidential information from their software partnership to build a competing auto-replenishment platform.

  • February 12, 2025

    Fried Frank Faces Sanctions Bid Over RICO Suit

    Fried Frank Harris Shriver & Jacobson LLP and its client, Tristar Products Inc., are facing a sanctions bid for bringing a RICO lawsuit against Telebrands Corp., with the defendant saying the complaint makes the company and its attorney seem like "alleged criminal masterminds."

  • February 11, 2025

    Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk

    President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.

  • February 11, 2025

    Medtronic, Axonics Agree To End Bladder Control Patent Fight

    A California federal judge on Tuesday agreed to permanently dismiss Medtronic's long-running dispute accusing Axonics of infringing its patents related to its bladder and bowel control device, three months after Medtronic sought a new trial in the case following a verdict where a federal jury found no infringement by Axonics.

  • February 11, 2025

    High Court Urged To Skip Amazon Patent Program Fight

    A maker of electric outlet covers has told the U.S. Supreme Court that a jurisdictional victory it scored last year at the Federal Circuit over patent infringement allegations initially brought through Amazon's patent evaluation program was "unremarkable" and should not be considered further.

  • February 11, 2025

    Teva Says Mixed Coreg Rulings Undermine GSK Damages Bid

    Teva Pharmaceuticals has urged a Delaware federal judge to reject GlaxoSmithKline's request to enhance a $235 million infringement award over a skinny label version of GSK's cardiovascular drug Coreg, saying judges at all levels of courts made clear the case wasn't open and shut.

  • February 11, 2025

    GOP Reps. Reintroduce Litigation Funding Disclosures Bill

    Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.

  • February 11, 2025

    Logan Paul Co. Won't Fight Messi's Absence In Drink IP Suit

    Logan Paul's company told a New York federal judge it won't object to Lionel Messi's absence in an upcoming settlement conference in a trademark dispute due to the soccer legend's unavailability, after Messi's counsel claimed Monday the demand for the athlete's attendance appears to be designed "solely to harass" him.

  • February 11, 2025

    Patent Attys Can Be Liable For Fees Too, Justices Told

    The tech and retail industries are endorsing an effort by Dish Network aiming to persuade the U.S. Supreme Court to potentially expand the personal liability of lawyers who file failed patent cases that are found to be "exceptional" by the courts. 

  • February 11, 2025

    GoPro Foe Close To Scoring Camera Infringement Ruling

    Ahead of a hearing Wednesday in a patent case facing GoPro Inc., a California federal judge says he's "inclined" to rule that a number of the company's cameras infringe a claim in a patent that was revived by the Federal Circuit last year.

  • February 11, 2025

    Chinese Co. Must Clarify Trade Secret Claims Against TikTok

    A Chinese company suing TikTok for allegedly stealing proprietary information to develop a video-editing tool must provide more information about the trade secrets and copyrights claimed in its suit so that TikTok can prepare its defenses, a special master appointed to the case has ordered.

  • February 11, 2025

    What Judges Want You To Know: Litigate Smarter

    Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the second installment of a two-part series, Law360 has pulled together advice from over the last few years that remains as relevant as ever.

  • February 11, 2025

    FanDuel, DraftKings Hit With Patent Suits From WinView

    FanDuel and DraftKings were accused in New Jersey federal court of willfully infringing nine WinView IP Holdings patents covering online and mobile gambling despite the company's offers for collaboration.

  • February 11, 2025

    MSN Urges Fed. Circ. To Reinvalidate Novartis' Entresto IP

    A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeking a rehearing.

  • February 11, 2025

    Peet's Coffee, Splenda Maker Settle Sweetener TM Row

    Peet's Coffee Inc. and Splenda maker Heartland Consumer Products LLC said Tuesday they have agreed to settle a trademark dispute over the coffee retailer's alleged use of Splenda labels to identify non-Splenda sweeteners, according to a one-page order in California federal court.

  • February 11, 2025

    Judge OKs Quick End To 'Moms Who Puck' TM Lawsuit

    A Connecticut federal judge has approved the dismissal of a trademark lawsuit brought by a professional women's hockey player against two retired teammates over the name of their podcast, "Moms Who Puck," about two weeks after the parties agreed to end the litigation.

  • February 11, 2025

    Botkin Chiarello Adds Litigator From Cleveland Krist

    Botkin Chiarello Calaf PLLC — an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling — has welcomed a litigator from Cleveland Krist PLLC.

  • February 11, 2025

    Fed. Circ. Revives Patent Suit Against Groupon

    A Patent Trial and Appeal Board ruling that invalidates some claims of a patent does not prevent the patent owner from asserting different claims in court, the Federal Circuit has ruled, finding that a lower court wrongly dismissed a patent suit against Groupon Inc.

Expert Analysis

  • Trademark Food For Thought When Rebranding

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    Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Opinion

    Bring Back Patent Models To Shut Down The Patent Trolls

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    By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo

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    Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.

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