Intellectual Property

  • August 23, 2024

    AT&T Challenge To 4G Patent Is Late And Wrong, Judge Says

    An effort by AT&T to throw out one of the patents in a long-running suit over 4G LTE network services has fallen flat as a federal judge said the motion was nearly a year late and also legally wrong.

  • August 23, 2024

    Drugmakers' 'Subjective Beliefs' Obscured In Antitrust Case

    A Pennsylvania federal judge has denied a request from direct purchasers of pharmaceuticals to compel the leaders of Abbott Laboratories and other companies to express "subjective beliefs" about sham patent litigation they allegedly engaged in, dismissing the purchasers' fears that the companies would change their position on certain issues at the last minute during trial.

  • August 23, 2024

    Vaping Co. VPR Says Rival Ashh Infringing E-Cig Tech

    Florida-based e-cigarette manufacturer VPR Brands has slapped a rival with a patent infringement lawsuit, telling a Michigan federal court that its competitor has been making and selling vapes that infringe its patented "electronic inhaler" and atomizer system.

  • August 23, 2024

    Split 6th Circ. Refuses To Undo Amway's $37M Coverage Win

    The Sixth Circuit affirmed Friday that an AIG unit must pay $37 million for failing to defend and indemnify Amway and parent company Alticor in a dustup with major record companies over the use of copyrighted music in ads.

  • August 23, 2024

    Fed. Circ. Nixes $3.9M Dish Fee In Albright-Authored Decision

    The Federal Circuit has ruled that Dish Network should not have been awarded a $3.9 million fee for its successful patent suit defense against Realtime Adaptive Streaming, finding in a decision written by Texas federal judge Alan Albright that a lower court judge abused his discretion when he found the case "exceptional" based on six "red flags."

  • August 23, 2024

    Judge Won't Restrict Access To RTX Trade Secrets Trial

    Defense contractor RTX Corp. won't be able to bar non-U.S. citizens from a trade secrets trial slated to get underway Tuesday, but exhibits, such as diagrams, will not be made visible to observers in the courtroom, a Massachusetts federal judge ordered.

  • August 23, 2024

    LeBron's Tattoo Artist Can't Get New Trial In NBA 2K Case

    An Ohio federal judge declined to order a new trial after a jury rejected claims that 2K Games Inc. and Take-Two Interactive Software Inc.'s rendering of LeBron James in their NBA 2K video game series infringed a tattoo artist's copyrights.

  • August 23, 2024

    The Biggest Texas Trial Rulings Of 2024: Midyear Report

    Trial courts in Texas saw a series of high-dollar verdicts for plaintiffs in suits over patent infringement and personal injuries, but appellate courts tempered some plaintiffs' successes, backing a large retail employer in a harassment suit and tossing a verdict based on a lawyer's remarks. Here's a look at some of the biggest trial decisions in Texas in the first half of 2024.

  • August 23, 2024

    HVAC Co. Nets $3 Damages Award Against Sanctioned Ex-VP

    A heating, ventilation and air-conditioning company that won its trade secrets suit against a former vice president by default will get just $3 in damages after the North Carolina Business Court found it failed to prove any lost profits or malicious intent sufficient to support the requested seven-figure award.

  • August 23, 2024

    Patent Case Against USPTO Mimics Failed Suit, Feds Say

    The federal government has moved to toss a suit alleging that the U.S. Patent and Trademark Office's website infringes patents covering the idea of two-factor authorization, arguing that a patent in the same "family" was thrown out in 2016 by a different court that said it contained "nothing inventive."

  • August 23, 2024

    Ex-Womble Bond IP Partners Join New Model Firm In NY

    Two former Womble Bond Dickinson intellectual property partners have moved to new model law firm Potomac Law Group's intellectual property practice, according to the firm's announcement.

  • August 23, 2024

    Punchbowl News Gets Win In TM Spat With Punchbowl Inc.

    A California federal judge has ruled there is no likelihood of confusion between a publication called Punchbowl News and a greeting card and event planning company named Punchbowl Inc., justifying the dismissal of the latter's trademark infringement claims, according to a summary judgment order.

  • August 23, 2024

    Delaware Lets Ventis Move Pacira's False Ad Suit To Calif.

    Ventis Pharma Inc., a pharmaceutical company developing nonopioid anesthetics, got a federal court's approval Friday to move a false advertising lawsuit filed by competitor Pacira BioSciences Inc. from Delaware to California, where Ventis is based.

  • August 23, 2024

    Talent Management Co. Sues Rival Over Instagram Model's TM

    A talent management firm has accused a U.K. rival of using the trademarked name of one of its Instagram models as fake bait to lure others into signing management contracts.

  • August 23, 2024

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

    The past week in London has seen Google sue several Russian media outlets in response to challenges to the tech giant's response to international sanctions, easyGroup bring an intellectual property claim against delivery company Easycargo, and e-money business Nyavo challenge action by the Financial Conduct Authority.

  • August 23, 2024

    Firms Seek $20M Fee After $58M Deal In Shire Antitrust Suit

    A group of nine firms led by Hagens Berman Sobol Shapiro LLP asked a Massachusetts federal judge to sign off on $20 million in fees and expenses after securing a $58 million settlement with drugmaker Shire PLC in a yearslong antitrust class action.

  • August 22, 2024

    Authors Can't Use Discord Chats In Meta AI Copyright Suit

    A California federal judge Thursday granted Meta Platforms Inc.'s request for an order shielding a former part-time researcher's communications on Discord from discovery requests in authors' proposed class copyright action over Meta's artificial intelligence product, holding that the communications pertain to legal advice.

  • August 22, 2024

    Patent Injunction Bill Has Potential To Reshape Disputes

    Proposed legislation to create a presumption that courts would issue an injunction when patent infringement is found could empower patent owners and change the dynamics of disputes if enacted, though experts said the measure's impact would depend on how courts interpret it.

  • August 22, 2024

    Del. Jury Says No Infringement, Axes Data Storage IP Claims

    A Delaware federal jury found Thursday that Scale Computing Inc. did not infringe DataCore Software Corp.'s data storage patent and determined that the asserted claims are invalid as anticipated.

  • August 22, 2024

    Influencer-Backed Wine Glass Co. Sues Over Trade Dress

    A small startup that sells colorful wine glasses is suing other companies that sell similar glasses in Colorado federal court, calling those companies "counterfeiters" that are trying to capitalize on the startup's popularity stemming from the endorsement of a popular TikTok influencer.

  • August 22, 2024

    Williams-Sonoma Infringes Fabric TMs, Michigan Co. Claims

    A supplier of moisture-resistant textiles and fabric treatments sued Williams-Sonoma Inc. in Michigan federal court Thursday, alleging the retailer is infringing three trademarks with its Pottery Barn furniture.

  • August 22, 2024

    Prince Lobel Adds Boston IP Partner From Mintz

    The newest member of Prince Lobel Tye LLP's intellectual property team is a former professional soccer player who now channels his competitive energy into patent and trade secrets litigation, joining the firm after 11 years at Mintz Levin Cohn Ferris Glovsky and Popeo PC with a mandate to build up Prince Lobel's trade secrets practice.

  • August 22, 2024

    Ex-MiMedx Sales Rep Says Fraud Schemes Pushed Her Out

    A former employee of controversial biotech firm MiMedx who was sued for joining a competitor earlier this year hit the company back with a counterclaim Tuesday charging that she was forced out for refusing to go along with the company's alleged flouting of U.S. Food and Drug Administration regulations and rampant overbilling schemes.

  • August 22, 2024

    USPTO Tells High Court To Skip Double-Patenting Fight

    The U.S. patent office told the U.S. Supreme Court that fears stoked by a patent licensing outfit complaining about current Federal Circuit jurisprudence surrounding "obviousness-type double patenting" has already been resolved by a different ruling by the same court earlier this month.

  • August 22, 2024

    Comedians Duel With Pandora For Joke Copyright Victories

    A group of comedians and companies that licensed their routines has urged a California federal judge to grant it partial summary judgment against Pandora Media LLC for copyright infringement on the same day that the company argued it should come out on top because it has implied "pass-through licenses" to broadcast those routines.

Expert Analysis

  • ITC Ruling Has Serious IP Implications For Foreign Imports

    Author Photo

    While a recent U.S. International Trade Commission decision is a win for trade secret owners who can show injury to a U.S. domestic industry, the decision also means that companies operating in foreign jurisdictions will be subject to the requirements of U.S. trade secret law, say Paul Ainsworth and Cristen Corry at Sterne Kessler.

  • What The Justices' Copyright Damages Ruling Didn't Address

    Author Photo

    While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

    Author Photo

    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • How Clinical Trials Affect Patentability In US And Europe

    Author Photo

    A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.

  • TTAB Ruling Raises Foreign-Language Mark Questions

    Author Photo

    The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.

  • A Vision For Economic Clerkships In The Legal System

    Author Photo

    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • Measuring Early Impact Of Rule 702 Changes On Patent Cases

    Author Photo

    Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.

  • Protecting IP May Be Tricky Without Noncompetes

    Author Photo

    Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.

  • 8 Legal Issues Influencing Investors In The Creator Economy

    Author Photo

    The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

    Author Photo

    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • How Copyright Office AI Standards Depart From Precedent

    Author Photo

    The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.

  • IP Considerations For Companies In Carbon Capture Sector

    Author Photo

    As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.

  • Does Expert Testimony Aid Preliminary IPR Responses?

    Author Photo

    Dechert attorneys analyze six years of patent owners' preliminary responses to inter partes review petitions to determine whether the elimination of the presumption favoring the petitioner as to preinstitution testimonial evidence affected the usefulness of expert testimony in responses.

  • Rebuttal

    Double-Patenting Ruling Shows Terminal Disclaimers' Value

    Author Photo

    While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.

  • Series

    Swimming Makes Me A Better Lawyer

    Author Photo

    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

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!