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Intellectual Property
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September 09, 2024
FTC Backs Teva Orange Book Delisting At Fed. Circ.
The Federal Trade Commission is continuing to back Amneal's efforts to have Teva's inhaler patents delisted from the U.S. Food and Drug Administration's Orange Book, telling the Federal Circuit that a lower court was right in determining that Teva's patents do not satisfy the registry's requirements.
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September 09, 2024
Fed. Circ. Backs PTAB Ruling In Food Wrapping Feud
The Federal Circuit has refused to revive claims in a trio of Converter Manufacturing LLC food wrapping patents, handing a win to patent challenger Tekni-Plex Inc. in the legal dispute.
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September 09, 2024
Wi-Fi Router Trade Dispute Paused While Makers Finalize Deal
The U.S. International Trade Commission has stayed all deadlines in an intellectual property dispute between Netgear and TP-Link over TP-Link's Wi-Fi router imports as the pair finalizes a settlement resolving the case.
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September 09, 2024
Meta Wants Mike Huckabee's Fake CBD Ad Suit Tossed
Facebook parent Meta Platforms Inc. asked a Delaware federal judge to throw out former Arkansas Gov. Mike Huckabee's suit alleging it allowed false advertisements claiming he endorsed CBD gummies on its popular social media platform, arguing the claims are clearly barred by Section 230 of the Communications Decency Act.
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September 09, 2024
Novo Nordisk Sues Over Ads For Diabetes, Weight Loss Drugs
A New Jersey company violated trademark and false advertising laws by promoting drugs without a regulatory green light as being generic versions of Novo Nordisk's Ozempic and Wegovy medications, according to a lawsuit filed in New Jersey federal court.
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September 09, 2024
Bradley Arant Adds Katten Partner In Dallas
Bradley Arant has hired a six-and-a-half-year veteran of Katten Muchin Rosenman LLP who is joining the firm's corporate and securities practice in Dallas as a partner.
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September 09, 2024
Frankfurt Kurnit Adds Ex-Copyright Office GC In LA
Frankfurt Kurnit Klein & Selz PC has brought in a new partner to the entertainment litigation group in its Los Angeles office, an attorney with vast experience in copyright law that includes serving as general counsel for the U.S. Copyright Office.
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September 06, 2024
T.I. Tells Jury 'Anyone With Eyes' Can See MGA's IP Theft
Grammy-winning hip hop artist T.I. on Friday told jurors weighing his intellectual property suit against toymaker MGA Enterntainment that anyone could see the similarities between the company's O.M.G. doll line and the OMG Girlz pop group that the rapper co-owns, but he's not sure the company CEO knew of any alleged idea theft.
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September 06, 2024
7th Circ. Skeptical Of Bid To Revive Fraud Claims Against Firm
The Seventh Circuit seemed inclined Friday not to disturb lower court rulings that sank a litigation funder's fraud and damages claims against a law firm that abruptly dropped the business to represent a former employee who left to open a competing venture.
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September 06, 2024
Takeaways From Fair Use Rejection Of Free E-Book Library
The Second Circuit's decision shutting down a fair use argument by Internet Archive over its system of scanning physical books and converting them into e-books to lend for free is a resounding victory for book publishers that argued their market was in danger of being supplanted.
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September 06, 2024
Actelion Must Face Tracleer Antitrust Suit With Class Certified
A Maryland federal judge refused Friday to toss an antitrust suit accusing Actelion Pharmaceuticals of illegally denying generics companies the samples they needed to produce generic versions of its hypertension drug Tracleer, while separately certifying a class composed of "hundreds" of insurers and self-funded employers.
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September 06, 2024
Fed. Circ. Revives ParkerVision Patent Suit Against Qualcomm
The Federal Circuit on Friday revived a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, ruling that a Florida judge wrongly relied on earlier decisions to grant summary judgment to Qualcomm and exclude ParkerVision's experts.
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September 06, 2024
Crypto Project Finds Shkreli's Wu-Tang Claims 'Dubious'
The crypto project suing Martin Shkreli for allegedly harming the value of a one-of-a-kind Wu-Tang Clan album on Friday urged a federal judge to ensure Shkreli "fully" complies with an order directing him to surrender all copies of the album after the project found his recent submission lacking.
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September 06, 2024
Marc Jacobs Brushes Off Eyeshadow TM Suit
A Korean skin care company that alleged an eyeshadow line from Marc Jacobs infringed its trademark for an anti-aging eye cream has lost its case, with a California federal judge finding the Eye-Conic cosmetics from Marc Jacobs Beauty would not likely be confused with Amarte's Eyeconic eye cream.
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September 06, 2024
Attys Urge Justices To Shield Corporate Veil In TM Case
More briefs landed Friday in the "Dewberry" trademark case currently before the U.S. Supreme Court — this time, from two groups of intellectual property lawyers who are concerned about the use of the Lanham Act to "pierce the corporate veil."
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September 06, 2024
NJ Medical Co. Claims Ex-Employees Conspired To Form Rival
A New Jersey medical communications agency said Friday that four of its former employees and the onetime U.S. president of biopharmaceutical company PharmaEssentia used its confidential information in a scheme to form a rival firm and steal millions of dollars of work from it.
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September 06, 2024
Ingersoll Rand Blocks Rival From Hiring Ex-Exec In NDA Fight
A Colorado state court has preliminarily blocked the former chief executive of a company acquired by industrial products giant Ingersoll Rand Inc. from working for rival Avantor, finding Ingersoll Rand will likely win its claims that the executive specifically agreed not to work for Avantor as a condition of the acquisition.
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September 06, 2024
Music Publishers Argue Their AI Copyright Case Is Different
Music publishing companies suing an artificial intelligence company over using song lyrics say that their copyright lawsuit is different from some other copyright suits against AI developers.
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September 06, 2024
ITC Judge Partially Clears Voltage Of Infringing Solar Patent
North Carolina solar provider Voltage LLC's imports of a "trunk bus" power transmission system infringe a patent owned by Tennessee-based competitor Shoals Technologies Group Inc., but a revised design of the product does not, an administrative law judge of the U.S. International Trade Commission has found.
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September 06, 2024
Off The Bench: NCAA Flops, NBA Trial, Sunday Ticket Appeal
In this week's Off The Bench, the $2.78 billion deal to settle a vast class action targeting the NCAA's name, image and likeness compensation rules hits a snag, the NBA and Warner Bros. aim for an April trial in their media rights fight, and NFL Sunday Ticket subscribers look to reinstate their $4.7 billion antitrust victory over the league.
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September 06, 2024
NC Restoration Co. Wants Out Of Rival's Noncompete Fight
The new owner of a property restoration company caught in the crosshairs of a fight between its founders and their former employer has asked for a quick exit from the dispute, saying it can't be held liable for the founders' actions when the parties' real beef is with each other.
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September 06, 2024
No Redo On Eminem Licensing Ruling Over Spotify Plays
A Tennessee federal judge refused to rethink her decision in favor of Spotify on its third-party claims against the collection agent for Eminem's music publisher over a licensing dispute, stating Friday that the agent's arguments have been addressed already.
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September 06, 2024
Software Co. Targets Validity Of Data Tracker Patents
A software company pressed a North Carolina federal court to throw out a rival's patent infringement claims concerning software that allows businesses to track a website user's browsing without third-party cookies, arguing the patents are invalid.
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September 06, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Rockfire Capital sue its former director, Liam Kavanagh, after he was accused of cheating cash-strapped Thurrock Council out of £150 million ($197 million), FedEx launch a claim against an Israeli supply chain business, and a legal dispute between steel magnate Sanjeev Gupta and a former colleague. Here, Law360 looks at these and other new claims in the U.K.
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September 06, 2024
Fox Rothschild Lands Entertainment Atty From Netflix In NY
An attorney who most recently worked for streaming giant Netflix is bringing his lifelong love of film and past working as a writer and producer to Fox Rothschild LLP.
Expert Analysis
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Tips For Revamping Patent Portfolio Strategy In AI Deal Era
Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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2 Years Of Waco: How Patent Case Distribution Has Changed
A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.
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How Courts Split On Damages Analysis In Automotive Suits
As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law
A recent Seventh Circuit decision involving the Defend Trade Secrets Act, allowing for broader international application of trade secrets laws, highlights a difference in how trade secrets are treated compared to other areas of intellectual property law, say Armin Ghiam and Maria Montenegro-Bernardo at Hunton.