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Intellectual Property
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February 07, 2025
Judge Won't Transfer Apple IP Fight, Warns Of Circuit Split
A Texas federal judge has denied Apple's request to relocate Oregon startup Proxense LLC's patent suit against it, saying the case "would not be clearly more convenient to try in the Northern District of California."
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February 07, 2025
Agribusiness Co., Ex-Worker Settle Stolen Clients Claims
An agricultural firm and a former employee it accused of pilfering confidential information on his way out the door in a bid to steal clients have reached a deal to resolve the firm's claims, according to a court order.
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February 07, 2025
US Patent Commissioner Steps Down Amid Resignation Push
The U.S. Patent and Trademark Office's patent commissioner has resigned from her position, marking a significant departure for the agency amid the Trump administration's whirlwind effort to slash the federal workforce.
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February 07, 2025
Sony Loses Sanctions Bid In Baseball Video Game TM Suit
A Texas federal judge has rejected Sony's request to sanction a baseball training program and its counsel from Dykema Gossett PLLC for bringing a trademark lawsuit over Sony's use of the phrases "future stars" and "future stars series" in its video game.
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February 07, 2025
Oakland Appeals To Keep 'San Francisco Bay' In Airport Name
The Port of Oakland has asked the Ninth Circuit to reverse a magistrate judge's order barring it from using "San Francisco Bay" in its airport name, arguing that the court's decision placed too much weight on travelers' potential confusion about who owns the airport when buying a flight.
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February 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.
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February 06, 2025
Meta AI Used 'Astonishing' Load Of Pirated Works, Writers Say
Meta Platforms allegedly downloaded tens of millions of pirated copyrighted works from peer-to-peer networks to train its Llama artificial intelligence product, and its employees repeatedly discussed this "illegal" strategy with lawyers, with one engineer writing, doing so "from a corporate laptop doesn't feel right," according to internal communications unsealed in copyright infringement litigation Wednesday.
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February 06, 2025
USPTO Suspends Atty For Mishandled China IP Applications
A Seattle attorney faces suspension from handling cases before the U.S. Patent and Trademark Office after allowing a China-based intellectual property company to file new trademark applications without first reviewing the documents, including allowing the IP service provider to sign the lawyer's name to documents.
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February 06, 2025
Courts Are Getting Alice Wrong, Google Foe Tells Justices
A tech startup that lost an advertising technology patent case against Google is the latest party to tell the U.S. Supreme Court to revisit its legal precedent covering patent eligibility.
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February 06, 2025
Vexed Texas Judge Limits Issues In ASUSTeK Patent Trial
An Eastern District of Texas judge on Thursday barred a semiconductor maker from pursuing one of its infringement theories against ASUSTeK Computer Inc. at a trial on electronic component patents, but he said "both parties are to blame" for presenting "vexatious" issues.
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February 06, 2025
In Microchip Feud, Fed. Circ. Says PTAB Error Was 'Harmless'
The Federal Circuit handed down a precedential decision Thursday finding that a claim construction error made by patent board judges was "harmless," declining to breathe new life into claims asserted against Microchip Technology.
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February 06, 2025
Nabors-Acquired Biz Accused Of Pirating Simulation Software
A Rhode Island software business filed a lawsuit in Texas federal court on Wednesday accusing an employee of a company acquired by Houston-based Nabors Industries Inc. of pirating its simulation software 62 times.
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February 06, 2025
Drug Cos. Urge Full Fed. Circ. To Hear Teva Orange Book Row
The branded pharmaceutical industry is lining up behind a legal effort from Israeli drugmaker Teva that wants the full Federal Circuit to hear a dispute over delisting patents from the U.S. Food and Drug Administration's Orange Book.
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February 06, 2025
Amazon Patent Suit Was Wrongly Sent To Calif., Tech Co. Says
Software company VirtaMove Corp. has argued that its patent infringement lawsuit against Amazon and two affiliates was wrongly transferred from Texas to California, saying it dismissed the case against two of the three defendants before the court's order went out.
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February 06, 2025
Western Digital Seeks To Toss SPEX $553M Patent Verdict
Western Digital asked a California federal judge Wednesday to throw out a jury's $316 million verdict that was later increased to $553 million, which held that the data storage company infringed a SPEX Technologies' patent related to hardware encryption technology, saying SPEX did not prove infringement.
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February 06, 2025
EIP Grows US Team With 2 Pranger Law Attys
Global intellectual property firm EIP said Wednesday it has hired two attorneys from Pranger Law PC, including the head of its patent prosecution team.
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February 06, 2025
JPMorgan's State Trade Secret Data Row Claim Axed, For Now
A federal judge in Delaware has ruled that JPMorgan Chase & Co. sufficiently alleged Argus Information & Advisory Services violated a federal trade secrets law by allegedly misusing anonymized credit card data collected from banks, but said JPMorgan's contention Argus violated a Delaware trade secret law could not stand.
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February 06, 2025
Warner Music Nabs Top Stake In Owner Of Adele Song Rights
Warner Music Group Corp. said Thursday it has acquired a controlling stake in Tempo Music Investments from Providence Equity Partners, in a reported $450 million deal that gives Warner Music the rights to songs recorded by Adele, Bruno Mars and other popular artists.
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February 06, 2025
Calif. Firm Settles Photographer's IP Claim Over Photo Use
A New Mexico photographer told a California federal judge on Thursday that he was ending his copyright infringement suit against Santa Monica immigration law firm Wolfsdorf Rosenthal LLP over ownership of a photograph on the firm's website, as the two sides have reached a settlement.
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February 06, 2025
Steptoe & Johnson Adds IP Attorney To Pittsburgh Office
An intellectual property attorney specializing in assisting clients with patents in the electrical, mechanical and software fields has recently moved her practice to Steptoe & Johnson PLLC's Pittsburgh office.
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February 06, 2025
Judge Tosses Heat-Wicking Patent Suit Against Columbia
A Colorado federal judge has issued a final judgment siding with Columbia Sportswear Co. in textile manufacturer Cocona Inc.'s case accusing Columbia of infringing a patent for heat-wicking technology.
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February 06, 2025
Nixon Peabody Adds Greenberg Glusker Cannabis Co-Chair
Nixon Peabody LLP is boosting its West Coast litigation team, bringing in a former federal prosecutor, who was most recently the founder and co-chair of the cannabis practice at Greenberg Glusker LLP, as a partner in its Los Angeles office.
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February 06, 2025
Appellate Group Of The Year: Gibson Dunn
Gibson Dunn & Crutcher LLP notched critical wins as the U.S. Supreme Court rejected an Eighth Amendment challenge to a city's public camping law and gave insurers a voice in mass tort bankruptcies, making it one of the 2024 Law360 Appellate Groups of the Year.
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February 06, 2025
Judge Puts Atty On Hook For Fees For Conduct In TM Trial
A California judge ordered an attorney who represented a microphone manufacturer that lost a trade dress infringement trial to be jointly responsible with his client for attorney fees and costs as a sanction for his conduct during the case.
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February 06, 2025
Harvard Biotech Patent Case Ends With Mid-Trial Deal
Harvard University and biotech developer 10x Genomics Inc. on Thursday reached a settlement agreement with rival developer Vizgen Inc. after three days of trial, ending a case over alleged infringement of tissue sample analyzation patents.
Expert Analysis
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From Concept To Capital: 5 Stages Of Evolving IP Needs
Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.
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Allergan Ruling Reinforces Value Of Patent Term Adjustments
The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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A Look At How De Minimis Import Rules May Soon Change
The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.
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How To Craft Strong Prong 2 Arguments For AI Patent Apps
The U.S. Patent and Trademark Office’s recent guidance update on subject matter eligibility for artificial intelligence inventions highlights that the key to overcoming rejection lies in the analysis under Prong 2, which practitioners should consider leading their arguments with, says Sean Lee at Baker Botts.
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IP Concerns For Manufacturing Semiconductors In Low Orbit
With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.
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6 Tips For Trying Cases Away From Home
Excerpt from Practical Guidance
A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.
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3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim
The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.
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USPTO Guidance Suggests 2 Strategies For AI Inventions
Analyzing the U.S. Patent and Trademark Office's recent guidance, it appears that there are at least two paths for establishing that an artificial intelligence invention is eligible for protection, and that which strategy to use may turn on how broadly the invention is applied, says William Morriss at Frost Brown.
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A Blueprint For Structuring An Effective Plaintiff Case Story
The number and size of nuclear verdicts continue to rise, in part because plaintiffs attorneys have become more adept at crafting compelling trial stories — and an analysis of these success stories reveals a 10-part framework for structuring an effective case narrative, says Jonathan Ross at Decision Analysis.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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And Now A Word From The Panel: The MDL Map
An intriguing yet unpredictable facet of multidistrict litigation practice is venue selection for new MDL proceedings, and the Judicial Panel on Multidistrict Litigation considers many factors when it assigns an MDL venue, says Alan Rothman at Sidley Austin.
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Boeing Ruling Is A Cautionary Tale For Trade Secret Litigants
A Washington federal court’s recent ruling canceling a $72 million jury award against Boeing because Zunum Aero had failed to properly identify its trade secrets highlights the value of an early statement of alleged secrets, amended through discovery and used as a framework at trial, says Matthew D'Amore at Cornell.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.