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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Goldstein Calls Gov't's Attack On Text Messages 'Hypocrisy'

By Jared Foretek

Lawyers for convicted SCOTUSblog founder Thomas Goldstein have rejected prosecutors' claims that the famed U.S. Supreme Court lawyer may have deleted messages between himself and his poker backers, calling the government "hypocritical" after it had previously argued that Goldstein could authenticate the messages if he took the stand at trial.

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Judiciary Dems Seek DOJ Replies Before Blanche Hearing

By Courtney Bublé

Ahead of acting Attorney General Todd Blanche's confirmation hearing for the permanent position, Democrats on the Senate Judiciary Committee are demanding he provide answers to their outstanding oversight inquiries.

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Brief

Texas Federal Judge Requires Confirmation Of AI Checks

By Emily Sawicki

Attorneys and self-represented parties appearing before U.S. District Judge Ernest Gonzalez of the Western District of Texas are now required to certify that they have independently verified the contents of any filings created or edited using artificial intelligence.

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'Do Your Part,' Mass. Judge Chides Read Case Attys Post-Leak

By Cara Salvatore

A Massachusetts judge on Wednesday lectured counsel in the high-profile civil case against Karen Read, the Massachusetts woman acquitted of murdering her Boston police officer boyfriend, to honor their ethical obligations after sensitive information leaked on social media.

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U Of Ky. Appoints Controversial Dean Pick For Law School

By Courtney Bublé

U.S. District Judge Gregory Van Tatenhove of the Eastern District of Kentucky will retire from the bench later this month to become dean of the University of Kentucky's J. David Rosenberg College of Law, a move that sparked controversy in the state.

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Wash. Atty Loses Bid For Jury In Dispute Over Bar Sanctions

By Emily Sawicki

A Washington lawyer sanctioned and disciplined for bringing a "frivolous" election suit in 2021 against then-Gov. Jay Inslee has lost her bid to have her ethics charges heard by a jury, with a state appeals panel finding no error in a trial court's ruling that it lacked jurisdiction to take on the disciplinary matter.

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Analysis

High Court's Guardrails Won't Ease Fight Over Trans Athletes

By Alex Lawson

The U.S. Supreme Court's decision permitting states to ban transgender athletes from girls' sports was written in simple terms, but attorneys tracking the issue see the ruling as a flashpoint for further litigation.

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Analysis

Plea Deals Get Scrutiny In 'Hunter,' But Justices Stay Cautious

By Brandon Lowrey

The shock for Mary Fan came almost immediately after she began her career as a federal prosecutor in Southern California in the mid-2000s.

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5 NYC Legal Service Provider Union Contracts Have Expired

By Andrea Keckley

The collective bargaining agreements for five New York City-based indigent defense and civil legal aid providers expired at the end of the day Tuesday as multiple unions reported outstanding points of contention in their negotiations.

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Watchdog Says DOL Needs Better Info Sharing Controls

By Kellie Mejdrich

The U.S. Department of Labor's lack of controls over information sharing between subagencies and nongovernmental entities, including law firms and legal advocacy organizations, may have unfairly advantaged those parties with privileged investigative information, an agency watchdog reported, though use of the practice has dropped off. 

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Roundup

The Top In-House Hires Of June

By Michele Gorman

Legal department hires during the past month included high-profile appointments at Bayer, Harley-Davidson and PBS. Here, Law360 Pulse looks at some of the top in-house announcements from June.

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