Analysis

3 Federal Circuit Clashes To Watch In July

By Ryan Davis

A patent owner's effort to undo a Texas jury verdict clearing Samsung of infringing a wireless patent and an appeal of a ruling that Dartmouth College and a supplement maker owe $9 million for filing an "unreasonable" vitamin patent suit are among the cases the Federal Circuit will hear this month.

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Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

By Theresa Schliep

A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

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Fed. Circ. OKs Rejection Of 'Mon Ami' Dog Treat TMs

By Adam Lidgett

The Federal Circuit on Wednesday refused to revive a bid to register "Mon Ami" as trademarks for dog treats, agreeing with the Trademark Trial and Appeal Board's finding that the marks were too similar to an earlier mark.

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7th Circ. Questions Contempt On Hytera Radio Redesign

By Lauraann Wood

A Seventh Circuit panel seemed unsure Wednesday that a district court correctly found Motorola Solutions Inc. entitled to a cut of Hytera Communications Corp. Ltd.'s sales of redesigned mobile radios under a 2022 royalty order entered after a jury found Hytera liable for trade secret theft.

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MGA Beats Rapper T.I.'s Bid For $125M In Punitive Damages

By Gina Kim

A California federal jury found Wednesday that MGA Entertainment owes no punitive damages for misappropriating looks from the OMG Girlz singing group created by rapper T.I. and his wife Tameka Harris, wrapping another chapter in a six-year legal battle in which the couple sought up to $125 million in punitive damages. 

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Microsoft Brass Face Investor Suit Over AI Business Hype

By Katryna Perera

A Microsoft Corp. shareholder has launched a derivative suit against the company's top brass, claiming they misled shareholders about the company's artificial intelligence business strategy and products, and caused it to violate copyright and intellectual property laws by "training its AI software on copyrighted works for which it did not possess lawful licenses."

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FTC Says Distorting AI Outputs To Follow State Laws Won't Fly

By Allison Grande

Companies that "alter or steer" the outputs of artificial intelligence models to comply with legislation in Colorado and other states that aim to regulate the use of the emerging technology risk deceiving consumers and facing federal enforcement, the Federal Trade Commission warned in a proposed policy statement released Wednesday.

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Zillow Loses Bid To Exit IBM Sign-On Tech Patent Suit

By Adam Lidgett

A Washington federal judge has refused to let Zillow out of IBM's lawsuit accusing the online real estate marketplace company of infringing a user sign-on patent, rejecting Zillow's argument that the company's processes weren't covered by what the patent requires.

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Amgen Wins Order Blocking Colorado's Enbrel Price Cap

By Lauren Berg

Colorado is preliminarily blocked from enforcing its price cap on Amgen's rheumatoid arthritis drug Enbrel, a federal judge ruled Wednesday, saying the biotech company is likely to succeed on its claim that federal patent law preempts the state's effort to limit the price of patented medications.

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Fubo Faces Adeia Streaming Patent Suit In Del.

By Adam Lidgett

Adeia Media Holdings on Wednesday sued FuboTV in Delaware federal court alleging the sports streaming venture infringed four of its patents, months after the patent owner announced a deal to end infringement litigation against Fubo's controlling company Disney.

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Gilead Owed $68M In Counterfeit Case, Magistrate Judge Says

By Elliot Weld

A New York federal magistrate judge has recommended awarding $68 million to biopharmaceutical company Gilead Sciences Inc. from a group of companies it accused of producing counterfeit HIV drugs that never answered the allegations.

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4 Mass. Rulings You May Have Missed In June

By Julie Manganis

An advisory firm's failure to register as a broker before diving into work on a $2.1 billion take-private deal last year has cost it, while emails and text messages took center stage in several other disputes pending in Massachusetts state court in June.

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LSD Treatment Trade Secrets Suit Fails For Lack Of Specifics

By Elliot Weld

A Delaware federal judge on Wednesday dismissed a biotech company's suit alleging a rival stole trade secrets regarding clinical trials of LSD treatments for psychiatric disorders, saying the trade secrets had not been described with enough specificity.

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Brief

IT Firm Seeks To Enforce Noncompete Against Ex-Sales Chief

By Julie Manganis

Massachusetts IT management company Coretelligent has asked a state judge to block its former chief revenue officer from starting a new, nearly identical job with a rival firm, saying the move violates a noncompete.

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WilmerHale Trade Secrets Litigation Co-Lead Joins Debevoise

By Aebra Coe

San Francisco-based litigator Joshua H. Lerner has left his job as co-chair of WilmerHale's trade secrets litigation practice to join Debevoise & Plimpton LLP as a partner, the firm announced Wednesday.

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The Case For Using Final-Offer Damages Forms In IP Suits

Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

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3 Litigation Strategies To Stay Ahead Of Bad Facts

A case with damaging facts can still be won if, instead of avoiding the facts, attorneys proactively address them by carefully selecting a strategy of confronting, containing or reframing, says Allison Rocker at Baker McKenzie.

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Attorney Mental Health Is An Ethical Obligation In The AI Era

As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

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Legal Sector Jobs Spike With Work 'Churning Right Along'

By Aebra Coe

The legal sector added 5,100 jobs in June, the largest increase the industry has seen in more than two years, according to preliminary, seasonally adjusted data released by the U.S. Bureau of Labor Statistics on Thursday.

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Law360's Legal Lions Of The Week

By Kevin Penton

The American Civil Liberties Union Foundation, the Asian Law Caucus and the Democracy Defenders Fund lead this week's edition of Law360 Legal Lions, after the U.S. Supreme Court rejected President Donald Trump's bid to limit birthright citizenship.

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Feds Seek Up To 21 Months For Ex-Judge On ICE Obstruction

By Elizabeth Daley

A former Wisconsin judge who was convicted of obstructing ICE officers' courthouse arrest of a man facing misdemeanor charges by pointing him to a side door should spend up to 21 months in prison, the government said in a sentencing memo, recommending she be made an example.

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GC Cheat Sheet: The Hottest Corporate News Of The Week 

By Sue Reisinger

Amid the changes coming for general counsel, the policies and enforcement priorities of federal regulators may fluctuate more rapidly after a U.S. Supreme Court ruling this week that could dramatically remake independent government agencies. And the EEOC rescinded affirmative action documents that have guided employers for decades.

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Georgia Atty Can't Revive Defamation Suit Over Ethics Case

By Emily Johnson

The Georgia Court of Appeals has upheld the dismissal of a Georgia attorney's defamation suit against two people involved in an unsuccessful disciplinary action against her, saying her rambling appeal failed to prove that the trial court erred in dismissing her claims.

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When Does A Firm's 'Breakup' Fee-Split Contract Go Too Far?

By Rachel Rippetoe

It looked like a win for plaintiffs' firms when the Kentucky Supreme Court recently upheld a firm's 75% claim on fees from cases an attorney took with him when he launched his own practice, but the narrow ruling may leave room for lawyers to challenge similar agreements as penalties for leaving their firms.

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Judges To Tour Rust Belt To Build Trust In Courts

By James Boyle

Days after the Fourth of July celebration of America's 250th birthday, a group of current and retired judges will lead a four-day bus tour through three states to promote one of the bedrock principles of the country's independence: the rule of law.

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Analysis

Breaking Down The Vote: The High Court Term In Review

By Jack Karp

The U.S. Supreme Court's stark ideological divisions were on full display this term, particularly as it issued long-awaited rulings in the last few days of June. Here, Law360 dives into the numbers behind this court term.

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Mass Tort Titan Paul J. Napoli Dies

By Daniel Moritz-Rabson

Paul J. Napoli, an influential plaintiffs attorney who worked on some of the nation's highest-profile mass tort matters in recent decades, died on Tuesday at the age of 58.

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Skadden Adds Mass Torts Litigator As Partner In Chicago

By Christine DeRosa

Skadden Arps Slate Meagher & Flom LLP has grown its mass torts litigation offerings in Chicago with the addition of a Goldman Ismail Tomaselli Brennan & Baum LLP attorney, the firm said.

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'Embarrassed' Conn. Atty Details ChatGPT Briefing Errors

By Aaron Keller

With a sanctions hearing on the horizon, a Connecticut attorney has told the state's highest court he is "extremely embarrassed" by artificial intelligence errors in briefs filed in two recently decided cases, explaining he used ChatGPT to edit his research without knowing it could make "unprompted changes to the content."

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Del. Magistrate Orders JPMorgan To Advance Javice Fees

By Jarek Rutz

The Delaware Chancery Court ruled Thursday that JPMorgan Chase & Co. must advance millions more in disputed legal fees to cover the appeal of the convicted founder of college financial aid startup Frank, concluding the bank failed to meet Delaware's demanding standard for withholding advancement by showing the billing requests reflected "clear abuse."

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Ex-DOJ Fraud Section Chief Joins Fried Frank

By Nadia Dreid

Fried Frank Harris Shriver & Jacobson LLP has added a veteran litigator from the U.S. Department of Justice who also brings more than a decade of experience representing financial institutions in white collar, enforcement and complex litigation spaces.

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Reed Smith Adds Ex-Norton Rose Partner, RE Atty In Munich

By Nate Beck

Reed Smith LLP has bolstered its private equity practice with the hire of a former Norton Rose Fulbright group leader in Munich.

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McCarter Atty Knew 'Magic Words' For $20M Deals, Court Told

By Brian Steele

If a onetime McCarter & English LLP partner had raised a single red flag about a Long Island town's legally flimsy agreement to repay $20 million worth of a businessman's loans, the ill-fated deals never would have gone forward, a Connecticut court heard Thursday.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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