Intellectual Property

  • November 04, 2024

    NJ Judge Blocks Sun Pharma From Launching Hair Loss Drug

    A New Jersey federal judge has blocked for now Sun Pharmaceutical Industries from launching a product meant to treat hair loss in the U.S., handing Incyte a win in its patent infringement lawsuit against the India-based company.

  • November 04, 2024

    Boston Dynamics Sues Supplier Over Delayed Robot Parts

    Boston Dynamics says a New Hampshire company is holding millions of dollars worth of components for its industrial robots "hostage" as leverage to renegotiate its contract, according to a lawsuit filed in Massachusetts state court.

  • November 04, 2024

    Sandoz Wins $70M In Antitrust Suit Over Hypertension Drug

    A New Jersey federal court awarded Sandoz Inc. just over $70 million in damages in a case accusing biopharmaceutical firm United Therapeutics Corp. of blocking the sale of a generic version of a hypertension medication, according to a Friday order.

  • November 04, 2024

    University Of Miami Wins Trademark Feud Over 'Canes' and 'U'

    A Florida federal judge has agreed to block an online retail company from selling products that use any symbol that is similar to trademarks the University of Miami has relating to its colored "U" symbol and the school's use of the word "Canes."

  • November 04, 2024

    Justices Say Gov't Can Join Oral Arguments In $47M TM Case

    The U.S. Supreme Court said Monday it will allow Solicitor General Elizabeth Prelogar to participate in oral arguments in a case where the justices will consider whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment, even though they were not defendants.

  • November 04, 2024

    Federal Trade Commission Atty Returns To Katten In DC

    An attorney who spent more than a decade at the Federal Trade Commission has returned to private practice at Katten Muchin Rosenman LLP, where he began his legal career, boosting the firm's offerings for clients as they navigate increased antitrust scrutiny and enforcement. 

  • November 04, 2024

    Justices Skip TM Challenge To BofA's Virtual Assistant 'Erica'

    The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that found Bank of America Corp. did not infringe a movie website owner's trademark with its virtual financial assistant "Erica."

  • November 01, 2024

    Lack Of Alcohol License Frees Co. From 'Surfside' TM Suit

    A D.C. federal judge has freed an Illinois food and beverage holdings company from a Mexican restaurant operator's trademark infringement lawsuit accusing it of distributing canned vodka beverages donning the restaurant's "Surfside" mark, saying the holdings company didn't even have a license to sell alcohol.

  • November 01, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.

  • November 01, 2024

    Patent Case Sent To Albright Over Qualcomm's Objections

    A federal judge in Del Rio, Texas, agreed Friday to pass along a patent lawsuit to the crowded docket of fellow Western District of Texas U.S. District Judge Alan Albright, despite objections from Qualcomm Inc. that doing so went against the purpose behind efforts to limit the Waco judge's vast and controversial patent docket.

  • November 01, 2024

    Fired Exec's Claims Cut From Aerospace Trade Secrets Case

    An aerospace company's ex-president, who alleged defamation and unlawful termination in counterclaims against his former employer in a lawsuit accusing him of stealing its trade secrets to launch a rival business, saw all his claims get dismissed Friday in New Jersey federal court.

  • November 01, 2024

    Fitbit Knocks Out Cellspin Litigation Campaign At Fed. Circ.

    Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic social media posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent Google.

  • November 01, 2024

    No New Trial For Akoustis After $39M Trade Secret Case Loss

    A federal judge has refused to give Akoustis Technologies Inc. another trial after jurors earlier this year told it to pay wireless company Qorvo Inc. nearly $38.6 million for trade secrets and infringing misappropriating acoustic wave resonator patents.

  • November 01, 2024

    Unisys Settles Trade Secrets Dispute with Ex-Execs

    Information technology firm Unisys Corp. has agreed to settle claims that two former executives swiped confidential information and trade secrets before departing to work for a competitor.

  • November 01, 2024

    IBM Settles $19.5M EDTX Case Over 'Blockchain' Software

    IBM told U.S. District Judge Rodney Gilstrap on Friday that it has reached a settlement in principle with an Oklahoma litigation outfit that won a $19.5 million patent verdict from a federal jury in Marshall, Texas, back in September.

  • November 01, 2024

    Hip-Hop Artist Madlib Says Biz Manager Is Holding IP Hostage

    Hip-hop producer Madlib has filed suit in California state court alleging his longtime business manager has engaged in "rank self-dealing" and is now holding the artist's music and intellectual property rights hostage.

  • November 01, 2024

    Fracking Services Co. Nitro Gets OK For $3M Equipment Sale

    Oil and gas fracking services provider Nitro Fluids LLC received approval Friday for a $3.25 million sale of some of its assets to stalking-horse bidder KLX Energy Services LLC.

  • November 01, 2024

    2nd Circ. Agrees Ed Sheeran Didn't Rip Off 'Let's Get It On'

    A Second Circuit panel on Friday said Ed Sheeran's hit "Thinking Out Loud" did not rip off Marvin Gaye's Motown classic "Let's Get It On," affirming a lower court's summary judgment order that concluded the musical building blocks of Gaye's song were not original enough to be protectable.

  • November 01, 2024

    Jury To Decide Timing Issue In Insulin Patch Trade Secret Row

    A Massachusetts federal judge has refused to trim some allegations in Insulet Corp.'s suit alleging that a South Korean insulin pump patch manufacturer stole trade secrets, while finding that a jury needs to decide when the clock started to tick on a federal trade secrets claim.

  • November 01, 2024

    'Shark Tank' Sweatshirt Biz Wants Rival Sanctioned

    The startup company behind The Comfy, a large and heavy sweatshirt featured in an episode of "Shark Tank," asked an Arizona federal judge to sanction the founder of a company it won an $18 million verdict against for infringing multiple design patents and trademarks for allegedly continuing to sell his enjoined products.

  • November 01, 2024

    College Athletes' Attorney Rebuffs NIL Settlement Critics

    A key architect of the landmark antitrust settlement forcing the National Collegiate Athletic Association to pay over $2.7 billion and set up a revenue-sharing system for athletes defended the deal against a slew of objectors Friday, explaining that the arrangement delivers a windfall for the athletes as quickly as possible.

  • November 01, 2024

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

    This past week in London has seen two industry magnates take on the Gambling Commission, Ordinance Survey hit with a claim from a Swiss GPS maker, and China's largest oil company PetroChina face a claim from a Polish documentary maker. Here, Law360 looks at these and other new claims in the U.K.

  • November 01, 2024

    Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal

    In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.

  • November 01, 2024

    Chinese National Stole Investment Firm's Code, Feds Say

    A Chinese national has been indicted on charges he stole trade secrets from his employer, an unnamed global investment management company in Boston, to set up his own firm in China.

  • October 31, 2024

    Ex-Citadel Reps Can't Escape Trade Secrets Suit

    A New York federal judge has greenlighted most claims in Citadel Securities' lawsuit accusing a Swiss cryptocurrency trading firm founded by two of its former employees of stealing its trade secrets, while tossing those asserted against the firm's French angel investor for lack of jurisdiction.

Expert Analysis

  • A Look At The PTAB's Assessment Of Prior Art Exceptions

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    The Patent Trial and Appeal Board's approach over the last 10 years to assessing Section 102(b) prior art exceptions reveals a few trends, including that evidence of common ownership may have a higher likelihood of successfully disqualifying prior art under Section 102(b)(2)(C) at the institution stage, say Louis Panzica and David Holman at Sterne Kessler.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • How Patent Litigation Is Changing Amid Decline In Filings

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    Marked by a notable decline in case filings and preferred venue shifts, patent litigation has undergone significant changes over the last decade and litigation hot spots have shifted, encouraging a more strategic approach to patent disputes, says Saishruti Mutneja at Winston & Strawn.

  • Primer On Chinese Trade Secret Disputes For US Practitioners

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    Increasing cross-border disputes over trade secret misappropriation between U.S. and Chinese entities emphasize the need for U.S. practitioners to navigate China's legal landscape following recent reforms that enhance the viability of litigation in Chinese courts, say attorneys at Jones Day.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Opinion

    Failure To Use Apportionment Has Distorted Patent Damages

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    Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

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    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

  • Defending AI, Machine Learning Patents In Life Sciences

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    Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • From Concept To Capital: 5 Stages Of Evolving IP Needs

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    Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.

  • Allergan Ruling Reinforces Value Of Patent Term Adjustments

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    The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.

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