Intellectual Property

  • March 13, 2025

    Squires' Breadth Sets Him Apart From Recent USPTO Leaders

    President Donald Trump's nominee to lead the U.S. Patent and Trademark Office would be the first director who is not an engineer since the final George W. Bush administration, and he'd be the first with both law firm and in-house experience since 2017, a combination attorneys say makes him particularly suited for the role.

  • March 13, 2025

    Brave Software Claims 'Bullying' By News Corp. In IP Row

    Internet browser company Brave Software on Wednesday hauled News Corp. into California federal court, accusing the media company of trying to "bully" it out of the search engine market by crying copyright infringement and threatening legal action over Brave's use of its website content.

  • March 13, 2025

    Interactive Brokers Tells Justices To Skip Trading Patent Case

    Trading software company Interactive Brokers has shot back at a rival's effort to persuade the U.S. Supreme Court to look at an "illusory" split between appeals courts over the standard for introducing post-trial fraud evidence in a long-litigated patent case. 

  • March 13, 2025

    Fanatics, NFL Cardinals Rookie Settle Contract Fight

    Fanatics has cut a confidential deal with Arizona Cardinals wide receiver Marvin Harrison Jr. and his father to settle the company's contract dispute, resolving litigation that temporarily barred Harrison's jersey number 18 from officially being sold, according to court documents filed in New York state court Thursday.

  • March 13, 2025

    AT&T, Verizon, T-Mobile Face IP Litigation Over 4G, 5G Tech

    AT&T, Verizon and T-Mobile are accused of infringing patents with technology that runs on 4G/LTE and 5G standards, according to Pegasus Wireless Corp. in new litigation in Texas federal court.

  • March 13, 2025

    Fed. Circ. Sides With Merck In Reissued Patent Debate

    The Federal Circuit isn't buying that a reissued patent was actually "issued" at the time it was originally awarded, dashing generic-drug makers' hopes of breaking pharmaceutical giant Merck's hold on a blockbuster drug that counteracts the effects of anesthesia.

  • March 13, 2025

    Karol G Producer Admitted To Stealing Beat, Suit Claims

    Two music producers on Wednesday accused star Colombian singer Karol G and Universal Music Group of lifting the beat from their track "Punto G" for her hit song "Gatúbela," claiming that one of the song's producers even admitted to the theft.

  • March 13, 2025

    Golden Globe Nominee Settles Conn. Feud With Talent Agent

    Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.

  • March 13, 2025

    Calif. AG Appealing State Limits On Pay-For-Delay Ban

    California enforcers are appealing to the Ninth Circuit after a lower court found that a new state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the state.

  • March 13, 2025

    Fed. Circ. Dings Antibody Patent App For Lacking Description

    The Federal Circuit on Thursday affirmed a decision from top U.S. Patent and Trademark Office officials in a highly watched and technical dispute over an antibody patent application, concluding that preambles for so-called Jepson claims need sufficient written descriptions.

  • March 13, 2025

    Fed. Circ. OKs Injunction Against Innova's Car Circuit Testers

    The Federal Circuit decided Thursday to keep an injunction in place stopping sales of Innova Electronics Corp.'s car-testing devices amid allegations those devices infringe a patent by rival Power Probe Group Inc.

  • March 13, 2025

    Board To Review Patent In RJ Reynolds' Infringement Dispute

    The U.S. Patent Trial and Appeal Board has agreed to hold an inter partes review of a patent challenged by R.J. Reynolds Vapor Co., finding the company has shown that at least some aspects of the patent may have been too obvious to grant.

  • March 13, 2025

    Ohio Co. Can't Get New Trial After Scrapped $18M Award

    An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.

  • March 13, 2025

    Sony Sues USC Over Music Used In Social Media Ads

    Sony Music has accused the University of Southern California of infringing more than 170 of its songs to advertise the university's sports program on social media, according to a copyright suit filed in New York federal court.

  • March 13, 2025

    Payroll Co. Accuses Ex-Managers Of Driving 'Mass Defection'

    A Georgia-based payroll software company has sued three former managers and the rival company that the ex-employees allegedly conspired to engineer a "mass defection" of workers to last year.

  • March 13, 2025

    Judge Orders Reinstatement Of Many Fired Federal Workers

    A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."

  • March 12, 2025

    Cherry Growers' IP Win Vacated Due To Bogus Evidence

    A Washington federal judge has vacated his two-year-old decision invalidating a U.S. patent covering the Staccato cherry variety owned by the Canadian government, finding that his prior decision was based on an incomplete sales spreadsheet that didn't include line items showing that the sales were of an entirely different cherry variety.

  • March 12, 2025

    Jets Legend Sues ESPN, NFL Over '30 For 30' Favre Clip

    Former New York Jets defensive end Mark Gastineau sued ESPN and the NFL in Manhattan federal court over the latest episode of the sports documentary series "30 for 30," which shows him confronting famed Green Bay Packers quarterback Brett Favre about a controversial sack.

  • March 12, 2025

    Brewer Opposes Heineken's Bid To Dismiss TM Claim

    Protections in a federal law prohibiting the enforcement of trademarks seized by the Cuban government aren't limited to the original owner or successor-in-interest of confiscated property, brewer Soltura LLC has argued in a memo opposing a Heineken NV unit's bid to dismiss its counterclaim brought under the No Stolen Trademarks Honored in America Act.

  • March 12, 2025

    Labcorp Warns Fed. Circ. Of 'Balkanization' In Prenatal IP Row

    Labcorp, one of the world's largest chains of clinical lab providers, told the full Federal Circuit that a loss it incurred there over a patent tied to a $384 million judgment in Texas was the result of the "balkanization" of the court's patent obviousness jurisprudence.

  • March 12, 2025

    LVMH Hit With Patent Suit Over NFT Smartwatch Display Tech

    A company that developed a platform that enables users to display their non-fungible tokens on their watches has sued LVMH in Texas federal court over claims the luxury goods giant infringed on its "pioneering" nonfungible tokens display technology when it allowed NFT displays on its own smartwatches.

  • March 12, 2025

    Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto

    Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.

  • March 12, 2025

    Askeladden Beats Software Patent At PTAB

    An administrative patent board ruling has wiped out all of the claims in a patent covering payment software that had been asserted against over 20 different companies in the payment space.

  • March 12, 2025

    Look At All These 1-Word Orders In IP Cases, Justices Told

    A patent owner has told the U.S. Supreme Court that there's momentum behind its push for scrutiny of the Federal Circuit's one-word orders in patent cases and its challenge to courts' summary judgment practices in such matters.

  • March 12, 2025

    ITC To Review Optimum Patent Case, Skips Another Case

    The U.S. International Trade Commission agreed Tuesday to review a final initial determination holding no infringement of Optimum Communications Services Inc.'s patent for passive optical network equipment, but it also affirmed a rare decision not to investigate a separate infringement complaint by Optimum against several Chinese tech companies over network switching and routing patents.

Expert Analysis

  • Beware Risks Of Arguing Multiple Constructions In IP Cases

    Author Photo

    Defendants accused of patent infringement often argue for different, potentially contradictory, claim constructions before district courts and the Patent Trial and Appeal Board, but the board may be clamping down on this strategy, say attorneys at Dechert.

  • Unpacking Liability When AI Makes A Faulty Decision

    Author Photo

    As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.

  • How To Create A Unique Jury Profile For Every Case

    Author Photo

    Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.

  • IRS Scrutiny May Underlie Move Away From NIL Collectives

    Author Photo

    The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

    Author Photo

    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • A Reminder On Avoiding Improper Venues In Patent Cases

    Author Photo

    A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants.

  • Opinion

    NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake

    Author Photo

    While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.

  • Copyright Ruling Could Extend US Terminations Worldwide

    Author Photo

    If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.

  • NIH Cuts To Indirect Costs May Stifle IP Generation

    Author Photo

    Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

    Author Photo

    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

    Author Photo

    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

  • Is AI Distillation By DeepSeek IP Theft?

    Author Photo

    A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.

  • Pepperdine Case Highlights Shift In Collegiate IP Landscape

    Author Photo

    A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
    Author Photo

    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

    Author Photo

    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
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!