Intellectual Property

  • October 23, 2024

    Acer Wants To Erase $10M Verdict Over Computer Monitor IP

    Taiwan's Acer Inc. wants to wipe out a jury's $10.3 million award for U.S. rival SVV Technology Innovations Inc. over optical-film patents for monitors, telling a Texas federal judge a new trial is needed.

  • October 23, 2024

    Copyright Board Sees Steady Case Flow Since June 2022

    A division of the U.S. Copyright Office that started hearing disputes involving smaller dollar amounts about two years ago has seen a steady flow of claims being filed since it began, most of which focus on pictures and graphics, according to a new report.

  • October 23, 2024

    Athletes Pause TV Revenue Suit Until NIL Deal's Fate Is Clear

    A group of college athletes has agreed to stay its suit seeking a cut of NCAA television revenue in Colorado federal court, with a magistrate judge on Wednesday granting the two parties' request to pause the case while the landmark name, image and likeness settlement in a separate California case awaits approval.

  • October 23, 2024

    Jersey Shore Attractions Sued For Pay Over Iconic Phrase

    The woman whose voice has been played in a recording along a New Jersey shore town's boardwalk for over 45 years alleged in a revised state court complaint Wednesday she has never been paid more than few free tram car tickets despite it becoming an iconic slogan for the popular destination.

  • October 23, 2024

    MVP: Kirkland's Dale Cendali

    Dale Cendali of Kirkland & Ellis LLP's intellectual property practice won a precedent-setting trial on realistically depicting celebrities, preserved a soft drink giant's branding and protected a defense contractor's use of mission-critical software, earning her a spot as one of the 2024 Law360 Intellectual Property MVPs.

  • October 23, 2024

    Former Axinn Hatch Waxman Attys Team Up At Polsinelli

    Polsinelli has hired a former Axinn Veltrop & Harkrider LLP partner who spent more than 17 years with that firm litigating Hatch Waxman matters in biomaterials and biological-based pharmaceuticals.

  • October 23, 2024

    Trial Consulting Firm Says Ex-Worker Stole Trade Secrets

    Jury analysis firm Jury-X has accused a former employee of taking off with its trade secrets and exploiting a "backdoor" she put in the company's data tables to start her own competing juror selection services business that also copied her old employer's appearance online.

  • October 23, 2024

    Custom Electronics Maker Sued For £11.8M Contract Breach

    A vehicle safety company has accused a bespoke electronics maker of breaching a contract to supply exclusively designed vehicle products, suing for £11.8 million ($15.3 million) for going over its head to attract other customers.

  • October 23, 2024

    9th Circ. Backs Injury Firm's Win In Fight Over Google Ads

    The Ninth Circuit has upheld an Arizona federal court's ruling in favor of a Tempe-based personal injury firm that was sued by another personal injury firm, Lerner & Rowe, over its purchases of Google advertising search terms, with the judges finding little "actual confusion" was caused by the advertising strategy.

  • October 23, 2024

    'MetaBirkins' TM Appeal May Split 2nd Circ. On Art Question

    A Second Circuit panel appeared divided Wednesday over whether a Los Angeles man should be liable for infringing Hermès International's handbag trademarks with his "MetaBirkins" nonfungible tokens, with two judges seemingly siding with the Paris designer and one with the purported artist.

  • October 23, 2024

    SAP Faces Trademark Infringement Claim Over 'Joule' AI Tool

    A financial trading platform provider has sued SAP for trademark infringement in a London court, alleging that the software giant's "Joule" artificial intelligence tool infringes its trademarks over the same word.

  • October 22, 2024

    'Dewberry' Ruling Doesn't Threaten Corporate Veil, Justices Told

    An engineering company that won millions of dollars in a trademark case against a real estate developer that tried to use the "Dewberry" name for a hotel told the U.S. Supreme Court Tuesday to let that ruling stand, arguing that the Fourth Circuit ruling in its favor doesn't undermine the corporate veil.

  • October 22, 2024

    IP Atty Group Wants Fed. Circ. To Back Fintiv But Scold USPTO

    A group that advocates for intellectual property lawyers and patent owners has urged the Federal Circuit to uphold Patent Trial and Appeal Board precedent allowing its judges the discretion to deny patent reviews based on how proposed reviews overlap with related litigation in other forums.

  • October 22, 2024

    Biotech Cos. Keep Dancing Despite Purple Book Disclosures

    Neither biologic nor biosimilar makers have dramatically altered how they engage in exchanging patent information with each other in the three years since a law went into effect making more of that data public, surprising attorneys who expected a certain amount of gamesmanship and withholding.

  • October 22, 2024

    PTAB Axes Some Provisur Food Slicer Patent Claims

    The Patent Trial and Appeal Board has found Weber Inc. was able to show most of the claims in a pair of food slicer patents owned by rival Provisur Technologies were invalid as obvious, the latest in a fight that made its way to both the Federal Circuit and the U.S. Supreme Court.

  • October 22, 2024

    IQVIA, Veeva Blast Summary Judgment Bids In Secrets Suit

    Life sciences data giant IQVIA Inc. and competitor Veeva Systems Inc. slammed each other's summary judgment bids made public Tuesday in a trade secrets lawsuit in New Jersey federal court, with Veeva arguing that IQVIA's purported trade secrets are hardly confidential and IQVIA saying Veeva's assertions are "a last-ditch effort to avoid liability."

  • October 22, 2024

    10th Circ. Affirms Energera Broke Deal By Filing Patent Suits

    The Tenth Circuit has ruled that both basic logic and "ordinary grammar" support the finding that a covenant not to file any further patent infringement lawsuits was broken by Colorado oil field equipment supplier Energera when it continued to sue Fuel Automation's future customers over "related" patents.

  • October 22, 2024

    Pot Co. Says Rolling Paper Co. Has Limited 'Juicy' Mark Rights

    The maker of Raw rolling papers may have a trademark on "Juicy" when it comes to tobacco goods but that doesn't extend to marijuana products, a Colorado cannabis company has told a federal court, urging that an infringement suit against it be tossed.

  • October 22, 2024

    Patent Office Finds Public Engagement Leader

    The U.S. Patent and Trademark Office has tapped a former U.S. Small Business Administration program specialist to head the patent office's recently created section meant to bolster its outreach and communication efforts.

  • October 22, 2024

    Judge Skeptical Amgen Can't Sue Over Colo. Drug Price Caps

    A Colorado federal judge on Tuesday seemed to doubt the state could short-circuit drugmaker Amgen's challenge to the state's drug price cap system, pressing the state to explain why limiting what consumers ultimately pay does not affect what companies like Amgen can charge.

  • October 22, 2024

    Anthropic Says Fair Use Bars Authors' Copyright Class Action

    Anthropic PBC will mount a fair use defense against allegations from a proposed class of authors and journalists who sued the artificial intelligence company in August for allegedly ripping off their copyrighted work to train its large language model Claude.

  • October 22, 2024

    Haynes Boone Adds Fish & Richardson Patent Atty In SF

    Haynes and Boone LLP announced Tuesday the firm has added a patent prosecutor from Fish & Richardson PC to its San Francisco office, where the leader said the new partner's AI experience will assist the firm in helping clients to innovate and remain competitive.

  • October 22, 2024

    MVP: Reichman Jorgensen's Reichman And Lehman

    Courtland Reichman and Christine Lehman of Reichman Jorgensen Lehman & Feldberg LLP won a $525 million patent infringement trial against Amazon and secured an $84 million verdict in another patent infringement case against tech giant VMware in the span of a year, earning them a spot as 2024 Law360 Intellectual Property MVPs.

  • October 22, 2024

    The 2024 Prestige Leaders

    Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.

  • October 22, 2024

    How Law Firms Get And Keep Elite Status

    For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.

Expert Analysis

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    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.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    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.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    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.

  • Tips For Revamping Patent Portfolio Strategy In AI Deal Era

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    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.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    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.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    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.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    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.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    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.

  • How Justices Upended The Administrative Procedure Act

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    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.

  • 2 Years Of Waco: How Patent Case Distribution Has Changed

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    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.

  • How Courts Split On Damages Analysis In Automotive Suits

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    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.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    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.

  • 7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law

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    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.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Daubert Motion Trends In Patent Cases Reveal Damages Shift

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    A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.

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