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Intellectual Property
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October 07, 2024
Contractor Passed 20K Accounts To Rivals, Security Co. Says
A Connecticut home security monitoring company has accused a sales contractor of purchasing a list of 20,000 of its accounts from a service technician and trying to lure a colleague into helping him sell the secret data to competitors, causing an alleged "substantial loss of customers."
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October 07, 2024
Judge Backs $3.3M DOD Sole-Source Parts Deal For Boeing
A Court of Federal Claims judge has denied a protest over a $3.3 million Defense Logistics Agency sole-source contract with Boeing, covering helicopter spare parts the protester argued it could also provide, ruling the DLA reasonably determined Boeing was the only available source.
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October 07, 2024
NCAA Wins Preliminary OK For Revised $2.78B NIL Settlement
A California federal judge on Monday preliminarily approved the NCAA's revised $2.78 billion antitrust settlement with athletes suing over the organization's name, image and likeness compensation rules.
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October 07, 2024
Willkie Tech Patent Litigation Chair Joins Covington In DC
The former chair of Willkie Farr & Gallagher LLP's tech patent litigation group, who has more than two decades of experience litigating computer hardware and software matters for major corporations, has moved his practice to Covington & Burling LLP's Washington, D.C., office, the firm announced Monday.
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October 07, 2024
6 High Court Cases To Watch For Trial Attorneys
As the U.S. Supreme Court lifts the curtain on a new term, the justices are slated to consider a variety of cases impacting the work of trial litigators, including a death penalty case over a state-disavowed conviction, the boundaries of the Racketeer Influenced and Corrupt Organizations Act, and corporate veil piercing.
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October 07, 2024
Justices Snub Musician's 'Rockstar' IP Feud With Nickelback
The U.S. Supreme Court on Monday declined to hear a copyright complaint from a musician who sued Canadian band Nickelback for allegedly ripping off his song to make their hit record "Rockstar."
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October 07, 2024
Justices Skip Review Of USPTO's TM Address Requirement
The U.S. Supreme Court said Monday it will not review whether the U.S. Patent and Trademark Office is required to solicit public feedback before enacting a rule that requires trademark applicants to list their home addresses.
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October 07, 2024
High Court Rejects Pleas To Hear 7 Patent Cases
The U.S. Supreme Court on Monday turned down seven petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Apple Sued For Booting Music App Amid YouTube IP Fight
A music streaming service has sued Apple Inc. in California federal court for allegedly removing it from the app store based on an unsubstantiated complaint of intellectual property infringement sent in by YouTube.
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October 04, 2024
Genasys Seeks Sanctions For Destroyed Evidence In IP Case
Genasys Inc. has asked a California federal court to issue terminating sanctions against two former employees for allegedly destroying evidence in a case where the long-range acoustic device company is accusing them of stealing trade secrets to form a competing business.
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October 04, 2024
Fed. Circ. Topples Verdict In Tire Design IP Litigation
The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.
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October 04, 2024
Regeneron Can't Ax Willful Infringement In COVID Patent Case
Regeneron Pharmaceuticals Inc. cannot boot a willful infringement claim from Allele Biotech's patent suit over the development of COVID-19 vaccines and treatments, a New York federal judge ruled Friday, saying it was up to Regeneron to establish that Allele failed to show the defendant had presuit knowledge of the patent.
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October 04, 2024
Kraft Heinz Sued In Ga. For Stealing Distributor Database
The Kraft Heinz Co. has been slapped with a complaint in Georgia federal court accusing it of downloading hoards of information from an Atlanta-based company's database of international distributors and passing it off as its own to generate as much as $25 million in revenue, in breach of the company's licensing agreement.
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October 04, 2024
High Court Bar's Future: Jenner & Block's Adam Unikowsky
In many ways, Adam G. Unikowsky of Jenner & Block LLP has traveled a tried-and-true path — Harvard, elite clerkships, BigLaw — to the upper echelons of U.S. Supreme Court advocacy. But his route to the forefront of the bar's next generation has been less conventional than it might appear, and he spoke with Law360 about how he's climbed so high — and how he excels by avoiding rhetoric that "judges really, really hate."
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October 04, 2024
SSI Wins $16M From Wisconsin Jury Over Fuel Tank Sensor IP
KUS Technology Corp. must pay rival sensor company SSI Technologies LLC more than $16 million for willfully infringing a patent for a fuel tank sensor, a Wisconsin federal jury verdict ruled Thursday.
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October 04, 2024
NJ Diner Says It's No Longer Using Civil Rights Activist's Name
The owners of a New Jersey diner being sued for using the former operator and civil rights activist's name in their branding has asked a New Jersey federal judge to toss a bid seeking to stop it from using the eponymous "Mr. G's" name, arguing the request is moot because they have closed the restaurant and have no plans to reopen.
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October 04, 2024
Posting Copyrighted Building Codes Is Fair Use, Pa. Judge Says
The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.
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October 04, 2024
Simply Naturals Sues Former Director, Claiming TM Grab
Simply Naturals has accused a former director of trying to steal its "sizzling minerals" trademark, claiming in a London court that he was threatening to bring infringement proceedings despite transferring the name rights years ago.
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October 04, 2024
There May Not Be Life On Mars, But There Could Be IP
The rapidly expanding space tourism industry is raising a vast universe of potential intellectual property issues. Experts say most of the laws governing extraterrestrial IP are as unexplored as space itself.
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October 04, 2024
NCAA's Legal Woes Grow With Ex-Ohio State QB's NIL Suit
Former Ohio State University star quarterback Terrelle Pryor, whose college career abruptly ended after the NCAA suspended him for profiting off his own memorabilia, filed a proposed antitrust class action in Ohio federal court Friday accusing the NCAA and others of profiting from his name, image and likeness while denying him and other athletes compensation.
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October 04, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.
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October 03, 2024
Gilead Makes Generic HIV Drug Plan, Advocates Urge Expansion
Gilead Sciences Inc. this week announced a plan to allow six drugmakers to produce generic lenacapavir to help combat the HIV pandemic in 120 lower-income countries, an initiative that won praise as a welcome step Thursday, although advocacy groups urged the company to expand the effort.
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October 03, 2024
Intel Calls VLSI's Ownership, Funding Disclosures Insufficient
Intel is urging Delaware's chief federal judge to make VLSI Technology reveal its ownership and sources of litigation funding, saying the disclosures provided so far in their dispute over the scope of a patent license are "plainly deficient."
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October 03, 2024
Boston Pharma Co. Drops Another Moderna Patent Suit
A Boston pharmaceutical developer once again has agreed to drop a patent lawsuit against Moderna over its popular coronavirus vaccines after losing a claim construction ruling in front of Delaware's top judge.
Expert Analysis
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Series
After Chevron: Expect Limited Changes In USPTO Rulemaking
The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.
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Fed. Circ. Skinny Label Ruling Guides On Infringement Claims
The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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USPTO Disclaimer Rule Would Complicate Patent Prosecution
The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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How Life Science Companies Are Approaching UPC Opt-Outs
A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.
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Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
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6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.