Intellectual Property

  • July 02, 2025

    2nd Circ. Affirms NY Court Can't Nix Swiss Arbitration Loss

    The Second Circuit on Wednesday affirmed that an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture cannot be vacated in New York, concluding in a published opinion that the court lacks the power to do so.

  • July 02, 2025

    Netlist Asks For Toss Of Rival's 'Bad Faith' Claims

    Netlist Inc. has asked an Idaho federal judge to dismiss a suit brought by rival Micron Technology Inc. alleging bad faith patent litigation, saying the suit was simply an effort to undo a $445 patent verdict that Netlist won against Micron in Texas federal court last year. 

  • July 02, 2025

    Ex-Employees Of NJ Medical Co. Must Face Trade Secrets Suit

    A New Jersey federal judge let a medical communications agency pursue contract and trade secret claims against three former employees it accused of launching a rival firm while still on the payroll, but dismissed all claims against PharmaEssentia and its former executive.

  • July 02, 2025

    Judge Sanctions Building Makers Over Withheld Evidence

    A Tennessee federal judge has sanctioned a group of building manufacturing employees and ordered them to pay their former employers' attorney fees, finding they'd intentionally withheld and spoiled evidence during discovery.

  • July 02, 2025

    Apple Gets PTAB To Invalidate Authentication Patent Claims

    The Patent Trial and Appeal Board has sided with Apple in its challenge to various claims in an authentication patent, finding that the claims were too obvious to warrant patent protection.

  • July 02, 2025

    PTAB Invalidates Claims Of 2 Trading Platform Patents

    The Patent Trial and Appeal Board decided Tuesday that all the claims are invalid in two trading platform patents that Intercurrency Software LLC has accused cryptocurrency exchange Binance and others of infringing.

  • July 02, 2025

    Ex-Copyright Office Head Fights Gov't Arguments On Firing

    The fired leader of the U.S. Copyright Office said that a D.C. federal judge should ignore the Trump administration's arguments that her removal was lawful, saying the government wants the court to "stand idly by."

  • July 02, 2025

    Toys R Us Seeks Default Judgment In 'Vape R Us' Dilution Suit

    Tru Kids Inc., the parent of retailer Toys R Us, has asked a Connecticut federal judge to issue a default liability judgment and a permanent injunction against a New Haven e-cigarette and cannabis store accused of tarnishing its registered trademarks that date back to 1970.

  • July 02, 2025

    Chinese Firm Sanctioned In Meta Cybersquatting Fight

    A California federal judge has ordered a Chinese information company to pay $1,000 per day until it deposits $5.5 million into an escrow account to satisfy a default judgment for cybersquatting in a suit brought by Meta Platforms Inc.

  • July 02, 2025

    The Funniest Moments Of The Supreme Court's Term

    After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.

  • July 01, 2025

    Alnylam Pharma Beats Inventorship Suit Tied To COVID-19 Jab

    A Delaware federal judge Tuesday tossed Acuitas Therapeutics' lawsuit seeking to have its scientists added as inventors on seven Alnylam Pharmaceuticals patents tied to mRNA technology, saying the complaint doesn't plausibly allege the scientists have a financial or reputational interest in the outcome of the litigation.

  • July 01, 2025

    Apple Says Ex-Engineer Stole Vision Pro IP To Take To Snap

    Apple has accused a former senior engineer of stealing trade secrets for its Vision Pro headset computer before starting a new job at Snap Inc. working on that company's augmented reality glasses.

  • July 01, 2025

    GM Can't Escape Obviousness Challenge To Fender Design IP

    A company that got the Federal Circuit to set more flexible standards for assessing whether a design patent is obvious might have a shot at proving that two General Motors Co. design patents are indeed obvious under that new test, an Illinois federal judge ruled Monday.

  • July 01, 2025

    5 Federal Circuit Clashes To Watch In July

    The Federal Circuit's argument calendar this month includes Apple's bid to undo a ruling that caused a blood oxygen monitor feature to be pulled from the Apple Watch, and a challenge by Sonos to a decision that torpedoed its $32.5 million speaker patent verdict against Google.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Full Fed. Circ. Rejects Mylan Rehearing Bid In Patent Case

    The full Federal Circuit on Tuesday shot down Mylan's request for the court to reconsider a March ruling that the company's planned generic version of schizophrenia drug Invega Trinza would cause physicians to infringe a Janssen patent.

  • July 01, 2025

    Calif. Panel Backs Warner Bros.' Win In Writer's Film Theft Suit

    A California appeals court refused to revive a writer's lawsuit alleging Warner Bros.' film "Life of the Party" was a "cinematic clone" of her concept about a mother going to college with her daughter, ruling Monday the evidence shows the film was independently created without knowledge of the plaintiff's ideas.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Judge Tosses Teva Suit Over Generic Drug Patent Deal

    An Indiana federal judge has thrown out a lawsuit brought by generic-drug maker Teva Pharmaceuticals USA Inc. alleging Eli Lilly and Co. breached a settlement agreement over the osteoporosis drug Forteo, saying Eli Lilly's promise to waive exclusivity for Teva ended when its patents for the drug expired.

  • July 01, 2025

    OpenAI Accused Of Using Pirated Works, 'Shadow Libraries'

    Authors hit OpenAI and its investor Microsoft with a putative class action alleging that the artificial intelligence company used written works from "shadow libraries" to train its generative AI machines, saying the use of the pirated IP negates any claim of fair use.

  • July 01, 2025

    $70M Verdict Boosts TriZetto's Trade Secrets Award To $370M

    A New York federal jury has concluded that the TriZetto Group, a healthcare software company, is entitled to nearly $70 million in compensatory damages due to Syntel Inc.'s copyright infringement and trade secret theft, bringing the total award for TriZetto to $370 million following a damages retrial.

  • July 01, 2025

    Apple Hit With $111M Patent Verdict In Delaware

    A Delaware federal jury has found that Apple owes more than $110.7 million for infringing a Spanish company's wireless communications systems patent with the tech giant's products, including mobile phones and tablets.

  • July 01, 2025

    Axing Lit Funding Tax Bid Relieves Industry But Fears Remain

    Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.

  • July 01, 2025

    Weil Patent Pro Jumps To WilmerHale In Silicon Valley

    WilmerHale is expanding its intellectual property team, announcing Tuesday that it is bringing on a longtime Weil Gotshal & Manges LLP patent expert as a partner in its Silicon Valley office.

  • July 01, 2025

    Fantasy Sports Site Drops IP Suit Against DraftKings Director

    Fantasy sports platform PrizePicks has agreed to drop a trade secret suit accusing its former social media director of using his personal ChatGPT account to smuggle out company secrets when he took a new position at DraftKings.

Expert Analysis

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Protecting Brand Identity In An AI-Driven Marketplace

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    A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How To Ensure Confidentiality When Using AI In Discovery

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    In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Key Issues To Watch As USPTO Changes Abound

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    As 2025 continues to unfold, changes at the U.S. Patent and Trademark Office — including new leadership, operational reforms, legislative initiatives and AI-related policies — have potential to influence proceedings, including efforts to prosecute patents and adversarial proceedings before the Patent Trial and Appeal Board, say attorneys at Morgan Lewis.

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