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Intellectual Property
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Featured
Musk Supports Deleting IP Law, Attorneys Say Let's Not
Elon Musk's endorsement of a terse social media post from tech executive Jack Dorsey saying "delete all IP law" drew scorn from the intellectual property community and was followed by posts from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart extolling the virtues of trademark, patent and copyright protections.
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April 14, 2025
Backers Of Meta, Authors Clash Over Fair Use In AI Training
The conflict between bestselling authors and Meta Platforms Inc. over the use of their works for training artificial intelligence software has drawn numerous amicus briefs that underscore the stakes involved, with warnings of devastating consequences for the future of AI development or the rights of copyright owners depending on how the court rules.
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April 14, 2025
Fed. Circ. Hears Teva Challenge To J&J Schizophrenia Drug
A Federal Circuit panel on Monday grappled with how to determine whether a dosage patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid as obvious, questioning attorneys for the company and generics maker Teva about the proper analysis.
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April 14, 2025
Groupon Urges Full Fed. Circ. To Undo Panel's IP Suit Revival
Groupon Inc. is pushing the full Federal Circuit to intervene after a panel allowed Kroy IP Holdings to proceed with a suit accusing it of infringing unchallenged claims of partly invalidated patents.
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April 14, 2025
Ozempic Pretender On Sale In Conn., Novo Nordisk Says
A Connecticut company is selling compounded drugs that purport to contain semaglutide, the active ingredient in Novo Nordisk medications including Ozempic, and improperly implying that the products are approved by the U.S. Food and Drug Administration, according to a lawsuit that alleges violations of state and federal law.
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April 14, 2025
Fed. Circ. Won't Revive Bid To Cancel Saints' Fleur-De-Lis TM
The Federal Circuit on Monday threw out an appeal by a man claiming to be the descendant of French royalty who unsuccessfully tried to have the Trademark Trial and Appeal Board cancel the New Orleans Saints football team's fleur-de-lis design mark.
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April 14, 2025
Tesla Keeps Win On Axed Claim In PTAB Challenge
The Patent Trial and Appeal Board has stood by its finding that one of the claims in a patent related to the use of artificial intelligence in self-driving vehicles was invalid, solidifying challenger Tesla's win on the matter.
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April 14, 2025
Animal Rescue Wants Early Win In TM Suit Against Ex-Leader
Pennsylvania-based animal rescue Last Chance Ranch has asked a federal judge to rule that its former executive director copied its name and trademarks for a competing nonprofit she created, arguing that the infringement was obvious.
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April 14, 2025
J&J Units Beat Patent Suit Over Surgical Screw Designs
A Delaware federal judge has handed Johnson & Johnson subsidiary DePuy Synthes Inc. a win in a patent infringement lawsuit launched by a retired surgeon's patent company over surgical screw technology, finding that the patent claims are too broad and invalid for lack of enablement.
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April 14, 2025
Women's Healthtech Co. Chiaro Files Ch. 15 In Delaware
British women's healthtech company Chiaro Technology Ltd. has filed for Chapter 15 recognition in Delaware bankruptcy court, seeking acknowledgment of an insolvency proceeding in the United Kingdom through which it aims to manage its American assets while pursuing a sale to a competitor.
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April 14, 2025
Law Firm Fights 'Career Ending' Calif. Sanctions At Fed. Circ.
Three attorneys from Texas patent firm Ramey LLP asked the Federal Circuit to press pause on a California magistrate judge's sanctions against them, arguing that their case was not filed in bad faith, they were not practicing law in California without a license and the penalties imposed on them are too harsh.
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April 14, 2025
MSU, Trivia Quiz Creator Settle Hitler Question Lawsuit
A content creator has settled claims that Michigan State University displayed one of his video trivia quizzes containing a question about Adolf Hitler without permission during a nationally televised rival football game, according to an order closing the case.
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April 14, 2025
Takeda Gets Actos Case Paused For Class Cert. Review
A New York federal court has paused a lawsuit accusing Takeda Pharmaceuticals of inflating the price of its diabetes treatment, Actos, by delaying the entry of generic alternatives, and took a scheduled July trial off the calendar, as the company appeals a class certification ruling.
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April 14, 2025
Fed. Circ. Won't Allow Beer Co.'s 'Chicken Scratch' TM
The Federal Circuit declined to disturb the U.S. Patent and Trademark Office's refusal to register the mark "chicken scratch" for beer, affirming a finding that the proposed mark has a "similar commercial impression" to another mark already registered for restaurant services.
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April 14, 2025
Sandoz Sues Amgen Over Enbrel Biosimilar
Sandoz accused Amgen of illegally blocking biosimilar competition to its blockbuster Enbrel drug for arthritis and other inflammatory diseases, alleging that the company used strategic acquisitions and illegal patent extensions to fend off challengers in the space and inflate U.S. prices for its drug.
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April 14, 2025
3 Ex-Cooley IP Attys Help Launch New Fenwick Boston Office
Fenwick & West LLP said Monday it has opened a temporary office in Boston with three new intellectual property partners, including Matthew Pavao, Cooley LLP's former global patent prosecution and counseling group chair, with plans to open a permanent space in the future.
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April 12, 2025
Baking Chemicals Co. Wins $7.25M In Trade Secrets Trial
A Pennsylvania jury on Friday awarded $7.25 million to a baking chemicals maker that claimed a former partner-turned-rival and two ex-employees stole trade secrets, following a weeklong trial in Pittsburgh's federal court.
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April 11, 2025
Patent Exec Hasn't Yet Proven Defamation In Baker Botts Case
A Florida federal judge held Friday that it's too early to rule in favor of a patent licensing company executive accusing a Baker Botts LLP attorney of defamation, ruling that there are still "material facts in dispute."
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April 11, 2025
9th Circ. Revives AirDoctor's $2.5M Damages Bid In TM Suit
The Ninth Circuit on Friday revived AirDoctor's request for $2.5 million in damages after scoring default judgment against a competitor in a trademark infringement and unfair competition case over replacement air filters, noting the plaintiff isn't barred from actual damages just because it didn't seek a specific amount in its complaint.
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April 11, 2025
Gym 'Grip' Developer Targets Rival In Patent Suit In Georgia
A Massachusetts company that sells "grip enhancement" gel to athletes has filed a lawsuit accusing a Georgia rival of patent infringement.
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April 11, 2025
Tether-Backed Crypto Co. Can't Duck Swan's Trade Secrets Suit
A California federal judge has ruled that an entity backed by cryptocurrency Tether can't escape a trade secrets suit from crypto trading firm Swan Bitcoin, which claims the entity reneged on a commitment to provide financing for a bitcoin mining deal and induced Swan employees to quit and steal the firm's proprietary information.
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April 11, 2025
T-Mobile Prevails In Wireless Patent Trial In EDTX
T-Mobile on Friday persuaded jurors in the Eastern District of Texas to reject an infringement case from a patent licensing company that had landed a nine-figure verdict against a different telecom company in another patent case that later settled amid a retrial.
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April 11, 2025
ITC Judge Cites Fed. Circ. In Patent Win For Cooler Master
A U.S. International Trade Commission judge has ruled that three companies violated trade law by importing computer cooling mechanisms that infringe Cooler Master Co. Ltd. patents, citing a recent Federal Circuit ruling to find that the Taiwan-based patent owner has a U.S. domestic industry.
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April 11, 2025
Foreign Cos. Say Anti-Choking Device Patent Is Invalid
Two companies from China and one from Malaysia filed a lawsuit Friday in Texas federal court seeking an order that an anti-choking device patent is invalid, after the patent's owner allegedly told Amazon the foreign businesses' product listings on the website infringed his patent.
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April 11, 2025
Samsung Used Our Algorithms, Israeli Co. Says In IP Suit
Samsung is facing a patent infringement lawsuit in Texas from an Israeli startup that says it negotiated with the smartphone maker almost a decade ago to discuss improving the image quality of cellphone photos using "proprietary image improvement algorithms."
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April 11, 2025
Aurinia Sues Lotus Alleging Lupus Drug Patent Infringement
Kidney-focused biotech Aurinia Pharmaceuticals Inc. on Friday launched a lawsuit in New Jersey federal court claiming that Lotus Pharmaceutical Co. Ltd.'s bid to sell a generic form of Aurinia's lupus nephritis treatment Lupkynis infringes a pair of patents.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Patent Prosecution Length Affects Infringement Findings
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.