Intellectual Property

  • February 21, 2025

    Childish Gambino Nabs Fees In 'This Is America' IP Case

    A New York federal judge has ordered a Miami rapper to pay out nearly $287,000 in legal fees for litigating a failed copyright case targeting Childish Gambino's 2018 hit song "This Is America," less than a third of what the record label lawyers and others had asked for. 

  • February 20, 2025

    DOJ Says Job Protections For ALJs Are Unconstitutional

    The U.S. Department of Justice announced Thursday that it no longer backs long-standing job protections for administrative law judges, saying it has determined that the "multiple layers of removal restrictions" shielding ALJs are unconstitutional because they violate the separation of powers doctrine.

  • February 20, 2025

    Ex-Kirkland IP Atty Asks To Fire Her Bias Suit Atty 'For Cause'

    A former Kirkland & Ellis LLP intellectual property associate suing Kirkland over bias claims has urged a California federal judge to fire her counsel at Filippatos PLLC and force Filippatos to hand over her client file, disputing Filippatos' assertion that her professional misconduct allegations are a contrived attempt to avoid paying fees.

  • February 20, 2025

    Ex-ITC Commissioner Talks IP Before Heading To WilmerHale

    Former U.S. International Trade Commissioner Rhonda Schmidtlein stepped down this month after more than a decade at the agency, and on Thursday talked to Law360 about how she went from a small town in Missouri to one of the nation's top trade positions, along with what she wished practitioners in intellectual property disputes would do.

  • February 20, 2025

    What The ITC's Multiple Vacancies Mean For The Agency

    Three of the six commissioner seats on the U.S. International Trade Commission are now vacant, which experts say may not disrupt the quasi-judicial agency's work on disputes involving duties and intellectual property, but is at odds with how it was designed to operate.

  • February 20, 2025

    Meta, Roku, Samsung Fail In Attempt To Invalidate Ad Patent

    Meta Platforms, Roku Inc. and Samsung Electronics Co. Ltd. have lost a challenge at the Patent Trial and Appeal Board against claims in a patent that covers a way of targeting ads based on online activity.

  • February 20, 2025

    Generic-Drug Group Rallies Behind Appeal In Entresto Fight

    A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely."

  • February 20, 2025

    3rd Circ. Rejects Appeal In Dog Magnet Design Spat

    The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.

  • February 20, 2025

    Amid Shake-Ups, USPTO Gets New Acting Deputy Director

    The U.S. Patent and Trademark Office has a new acting deputy director, with former chief adviser Will Covey taking over the role at a tumultuous time for the agency and federal government at large.

  • February 20, 2025

    X, Social Media Biz Settle TM Fight

    A social media and public relations firm's trademark suit against X Corp. over the social media platform's logo has come to an end after the parties told a California federal judge that they have agreed to drop all claims and counterclaims, avoiding a jury trial set to begin in December.

  • February 20, 2025

    Fed. Circ. Backs TTAB's Denial Of Health Co.'s Proposed TM

    The Trademark Trial and Appeal Board correctly denied a healthcare management company's bid to register "Formularyhub" because it's a descriptive term, the Federal Circuit said Thursday.

  • February 20, 2025

    Textbook Authors Seek Final OK Of $20M Royalties Deal

    A class of authors asked a New York federal judge Wednesday to give his final blessing to a $20 million settlement resolving their claims that an educational content company broke its publishing agreement by underpaying promised royalties, calling the deal "an excellent result under any metric."

  • February 20, 2025

    The Intercept's IP Claim Against OpenAI Holds Up, Judge Says

    A New York federal judge said Thursday that the only plausible allegation in The Intercept's lawsuit accusing Microsoft and OpenAI of removing copyright information from works used to train ChatGPT is over "regurgitations" of articles produced in the OpenAI-owned chatbot's outputs.

  • February 20, 2025

    Google Argues $20M Verdict Is Tied To 'Unverifiable' Testimony

    Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.

  • February 20, 2025

    Judge Trims Atlanta Rap Producer's Copyright Suit

    A Georgia federal judge has pared a copyright infringement suit Atlanta rap producer Terrell Perry filed against several record labels for allegedly using his beats without permission in tracks by Rich Homie Quan, dropping Warner Music Group as a defendant and limiting the scope of what alleged infringement could be eligible for damages.

  • February 19, 2025

    What To Know About Trump's Likely Pick For USPTO Director

    Dilworth Paxson LLP partner John Squires is about to be nominated for director of the U.S. Patent and Trademark Office, about half a dozen sources told Law360 on Tuesday. Here's what you need to know about the attorney who made a name for himself at Goldman Sachs.

  • February 19, 2025

    Netflix Wants IP Atty Sanctioned Over Alleged Doc Sharing

    Netflix urged a California judge Tuesday to require a prolific patent plaintiff's former counsel to explain why they shouldn't be held in civil contempt and sanctioned for allegedly giving Netflix's confidential financial information to nonparty AiPi LLC, arguing discovery in another patent case has revealed AiPi is "shadow lead counsel."

  • February 19, 2025

    Walgreens Says $1B COVID Testing Award Must Be Nixed

    Walgreens is urging a Delaware federal judge to rethink his decision enforcing a $987 million arbitral award to a lab testing and diagnostics company in a dispute over COVID-19 tests, arguing Tuesday that he ignored that the arbitrator "invented" language in the contract to arrive at his conclusion.

  • February 19, 2025

    Gilead, Janssen Settle HIV Treatment Suits With Lupin, Apotex

    Gilead Sciences Inc. and Johnson & Johnson's Janssen unit settled their patent suits against Lupin and Apotex over generic versions of HIV treatments, according to filings in Delaware federal court on Wednesday.

  • February 19, 2025

    2nd Circ. Backs Amazon In Teri Woods Publishing Dispute

    A unanimous Second Circuit panel backed a lower court's decision to dismiss Teri Woods Publishing's copyright and contract claims against Audible and other audiobook distributors on Wednesday, holding that the parties' licensing agreement allowed them to distribute the publisher's works through their subscription-based streaming services.

  • February 19, 2025

    CBS Will Seek Trump's Financial Info In '60 Minutes' Discovery

    Attorneys for Paramount Global and CBS Broadcasting told a Texas federal judge Tuesday that if President Donald Trump's $10 billion lawsuit accusing the network of deceptively doctoring former Vice President Kamala Harris' "60 Minutes" interview goes to discovery, they will seek information about the president's personal financials.

  • February 19, 2025

    Full Fed. Circ. Stands By Reviving Crocs False Ad Case

    The full Federal Circuit on Tuesday declined to revisit a panel decision reviving false advertising claims against Crocs Inc. over its statement that its shoes were made with "patented, proprietary, and exclusive" materials that were not, in fact, patented.

  • February 19, 2025

    NBA Teams Urge Justices To Take Up 'Discovery Rule' Case

    Eight NBA teams facing copyright lawsuits for songs used in promotional videos without permission have filed a brief supporting a petition asking the U.S. Supreme Court to review the so-called discovery rule, a judicially created doctrine that allows claims to be brought outside the three-year statute of limitations.

  • February 19, 2025

    Funkadelic Keyboardist Won't Face Sanctions In Royalty Fight

    A Michigan federal judge on Wednesday declined to issue sanctions against the estate of a former Parliament-Funkadelic keyboardist suing the band's frontman in a royalty dispute, finding that the keyboardist's widow did not seem to intentionally lie about or conceal an agreement with a former defendant in the case.

  • February 19, 2025

    Perplexity AI Seeks To Toss Or Transfer Publishers' IP Suit

    Perplexity AI has asked a New York federal judge to dismiss a copyright and trademark lawsuit filed by the publishers of The Wall Street Journal and the New York Post for lack of jurisdiction or to move the case to its home in California.

Expert Analysis

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • When Arbitration Is Effective For Employment And IP Cases

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    Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.

  • US Intellectual Property-Based Sanctions Could Be Imminent

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    A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

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    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • A Look At 2024 NIL Rights And Economies In College Sports

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    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Legislation Most Likely To Pass In Lame Duck Session

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    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Copyright Questions Surround AI Music Platform Suits

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    If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.

  • Patent Marking Steps After Fed. Circ. Opens Lanham Act Door

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    Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.

  • Litigation Strategies In View Of New Double Patenting Rulings

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    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Tracking The Slow Movement Of AI Copyright Cases

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    The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.

  • The EU Design System Changes US Cos. Need To Know About

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    With a number of major reforms to the European Union's design protection system set to take effect in the first half of 2025, U.S. companies need to stay informed about specific details to maintain effective intellectual property management in the EU market, say lawyers at Finnegan.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

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