Intellectual Property

  • February 27, 2025

    VW Urges Fed. Circ. Not To Revive 3D Glasses Patent Suit

    Volkswagen urged the Federal Circuit on Wednesday to uphold a lower court's dismissal of patent-holding company VDPP LLC's patent suit against it, arguing that VDPP "failed to investigate facts, pressed unreasonable positions, disregarded court orders and rationales, 'lied,' and committed innumerable careless errors."

  • February 27, 2025

    Liquidia Challenge To UTC's Tyvaso Exclusivity Fails

    United Therapeutics Corp. is entitled to exclusivity over its blockbuster lung disease treatment Tyvaso through May, and the U.S. Food and Drug Administration was right to hold off approving a competitor until then, a D.C. federal judge said Thursday.

  • February 27, 2025

    Lewis Brisbois Foe Urges 5th Circ. To Let TM Feud Go To Jury

    The main defendant of a group that was found liable for willfully stealing Lewis Brisbois Bisgaard & Smith LLP's name for its mediation business has told the Fifth Circuit that a Texas federal court committed more than a dozen abuses of discretion and that the trademark dispute should go before a jury.

  • February 27, 2025

    Food Startup Owes $575K In TM Fight With Jaden Smith's Co.

    A disagreement over how food startup Eat Just capitalized on the word "Just" in branding will cost it over half a million dollars after a California federal court decided its conduct went against the company's agreement with the Just Water brand started by celebrity Jaden Smith and his actor dad, Will Smith.

  • February 27, 2025

    Artist Immediately Knew 'Moana' Was A Ripoff, Jury Hears

    An artist testified in California federal court Thursday that he was "shocked" upon taking his stepson to see "Moana" in a movie theater in 2016, saying he was certain the first time he saw the blockbuster film that The Walt Disney Co. had copied his own animated work.

  • February 27, 2025

    Alsup Halts 'Illegal' Firings Of Probationary Federal Workers

    U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.

  • February 27, 2025

    OpenEvidence Says Rival's Attack Targeted Its AI 'Blueprint'

    Medical artificial intelligence company OpenEvidence accused a Canadian competitor of launching cyberattacks on its system, executing dozens of attempts to trick the platform into handing over some of the technology's most valuable code, according to a Massachusetts federal lawsuit.

  • February 27, 2025

    No Sanctions For Atty As TM's Incontestability Status Axed

    The Trademark Trial and Appeal Board has declined to refer Great Concepts LLC or its former attorney for potential discipline for submitting a filing with false information for incontestability of its mark in 2010, saying too much time has passed.

  • February 27, 2025

    Fed. Circ. Upholds Netflix PTAB Win Over Chip Patent

    Netflix persuaded the Federal Circuit to sign off Thursday on another one of the streaming company's wins at the patent board in its fight with a Broadcom subsidiary over chip technology.

  • February 27, 2025

    Pepperdine's TM Fight Can't Block Netflix's New Show Release

    A California federal judge rejected on Wednesday Pepperdine University's bid for a temporary restraining order blocking Netflix and Warner Bros. Entertainment Inc. from releasing their new series "Running Point," finding that the Christian university is unlikely to win its claims alleging the new series rips off Pepperdine's "Waves" athletic team.

  • February 27, 2025

    Starbucks, Patent Exec Reach Deal In Atty Defamation Case

    A patent-licensing company executive and Starbucks Corp. on Thursday settled a defamation suit over statements made by an attorney for Starbucks just days after the plaintiffs fired back on the company's attempt to exit the suit.

  • February 27, 2025

    Justices Told Bose Ruling Will Deter Patent Settlements

    A Bose rival is going to the U.S. Supreme Court after losing a Federal Circuit ruling last year that found its patents were doomed by the terms of how a related infringement case settled, warning that the decision would "dissuade parties from settlements."

  • February 27, 2025

    Fried Frank Rips RICO Sanctions Bid As Intimidation Tactic

    Fried Frank Harris Shriver & Jacobson LLP and its client Tristar Products Inc. are pushing back on a motion for sanctions for bringing an anti-racketeering lawsuit against Telebrands Corp., arguing the bid is a "clear effort to intimidate" the plaintiffs and to impose additional cost and burden on them.

  • February 27, 2025

    Cozen O'Connor Adds Carter Arnett IP Litigator In Dallas

    Cozen O'Connor has boosted its intellectual property practice with a Dallas-based litigator who came aboard from Carter Arnett PLLC.

  • February 27, 2025

    Barry Manilow Pushes Dispute Over Royalties To LA Court

    A London judge ruled Thursday that claims by British music royalties outfit Hipgnosis over unpaid royalties against singer Barry Manilow must be dealt with by a court in Los Angeles before proceedings in the U.K. can move forward.

  • February 26, 2025

    Merck, Glenmark Trim United Healthcare's Zetia Antitrust Suit

    A Minnesota federal judge has trimmed a United Healthcare unit's antitrust suit claiming that Merck and Glenmark conspired to delay a generic version of the anti-cholesterol drug Zetia, throwing out non-Minnesota state-law claims he called a "bare and conclusory pleading."

  • February 26, 2025

    Card Shuffler Maker Inks $73M Deal To Settle Antitrust Claims

    Scientific Games Corp. has reached a $72.5 million agreement to settle its Illinois federal lawsuit with a would-be rival business that accused the company of monopolizing the automatic card shuffler market, according to a filing with the U.S. Securities and Exchange Commission.

  • February 26, 2025

    WDTX Chief Judge Won't Steer Hyundai IP Suit To Albright

    The Western District of Texas' top judge has batted down an Oregon tech company's effort to move its patent lawsuit against Hyundai to the court of U.S. District Judge Alan Albright, ruling that the presence of at least three related lawsuits in front of the judge "does not provide this court with sufficient justification for intra-district transfer."

  • February 26, 2025

    Dewberry Ruling May Lead To More Defendants In TM Fights

    Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.

  • February 26, 2025

    Disney Pilfered Animator's 'Life Work' For 'Moana,' Jury Told

    Counsel for an animation artist told jurors on the first day of a California federal court trial Wednesday that The Walt Disney Co. stole his magnum opus to develop the blockbuster movie "Moana" without a penny of compensation.

  • February 26, 2025

    Simpson Thacher Adds Partner From Wilson Sonsini

    Simpson Thacher & Bartlett LLP has picked up a trial litigator from Wilson Sonsini Goodrich & Rosati PC who helped a startup defeat a nearly $460 million trade secrets case over expert testimony involving antibody cancer treatments and secured defense victories in patent cases for companies like Google LLC and HTC Corp.

  • February 26, 2025

    Fed. Circ. Won't Let Micron Out Of Sharing Source Code

    The Federal Circuit held Wednesday that Micron Technology Inc. can't get out of handing over what the company deemed "highly confidential" source code to Yangtze Memory Technologies Co. Ltd. in an ongoing dispute over flash memory chip patents.

  • February 26, 2025

    CBD Co. Sues Rivals Over Topical Treatment Patents

    CBD product maker Metronome LLC on Wednesday filed three complaints against competitors in Colorado and Wisconsin, alleging that the other companies' products infringe their patents for topical treatments that use cannabis derivatives.

  • February 26, 2025

    Albright Won't Rethink Tossing VolP-Pal's Patent Fights

    U.S. District Judge Alan Albright declined to reconsider the court's decision to throw out VoIP-Pal's patent lawsuits against Verizon and T-Mobile, saying Wednesday that the plaintiff has failed to offer any new evidence.

  • February 26, 2025

    Party City Approved To Sell IP, Assets For $20.6M In Ch. 11

    A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.

Expert Analysis

  • Examining Vidal's Guidance On PTAB Section 315 Time Bar

    Author Photo

    Last month's decision by outgoing U.S. Patent and Trademark Office Director Kathi Vidal in Luminex v. Signify addresses the Section 315 statutes that preclude institution of inter partes review proceedings after certain civil actions are filed, and is instructive as PTAB panels are likely to follow this approach going forward, says Amanda Wieker at McGuireWoods.

  • What A Motorcycle IP Case Says About Parallel Int'l Litigation

    Author Photo

    A Texas federal court recently rejected an electric motorcycle manufacturer's attempt to dismiss a design patent suit in the U.S. and limit the litigation to China, illustrating the challenges in trying to counter a parallel litigation strategy, say attorneys at King & Wood.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

    Author Photo

    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Navigating The Minefield Of Patenting AI-Generated Inventions

    Author Photo

    For businesses and individuals trying to patent inventions partially developed with assistance from artificial intelligence — like software that's been coded by AI — recordkeeping and diligent documentation are of paramount importance when seeking patent protection, says Robert Plotkin at Blueshift IP.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

    Author Photo

    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

    Author Photo

    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • 7th Circ. Ruling Muddies Split On Trade Secret Damages

    Author Photo

    The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

    Author Photo

    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Nutraceutical Patent Insights As Market Heats Up

    Author Photo

    Companies entering the expanding nutraceutical market and seeking patents to protect their innovations should evaluate successful nutraceutical claim language and common patent challenges in this field, say attorneys at Sterne Kessler.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

    Author Photo

    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Nintendo Suit May Have Major Impact On Video Game Patents

    Author Photo

    If Nintendo and The Pokémon Co. win their patent infringement case in Japan against Pocketpair, the game developer behind Palworld, it could pose new challenges for independent game creators — but it could also encourage innovation, says Charles Morris at Marshall Gerstein.

  • Teaching Your Witness To Beat The Freeze/Appease Response

    Author Photo

    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

    Author Photo

    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis

    Author Photo

    ​The Ninth Circuit’s upcoming decision in Hara v. Netflix​, about what it means to be source-identifying​, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

    Author Photo

    The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
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!