Intellectual Property

  • January 13, 2025

    Justices Won't Eye 7th Circ.'s Stay Of Trade Secrets Fight

    The U.S. Supreme Court on Monday declined to review whether the Seventh Circuit correctly paused an Illinois trade secrets case involving a company that sells nail polish while a dispute over who owns the business plays out in New Jersey state court.

  • January 13, 2025

    Supreme Court Turns Away IP Safe Harbor Dispute

    The U.S. Supreme Court on Monday said it won't consider whether the Federal Circuit has overexpanded a safe harbor for drug development, in litigation where Meril Life Sciences escaped allegations that it infringed Edwards Lifesciences' heart valve patents.

  • January 13, 2025

    Justices Snub Roku Patent Feud Over ITC Power

    The U.S. Supreme Court said Monday it will not consider Roku Inc.'s challenge to a ruling that upheld a U.S. International Trade Commission decision blocking the importation of certain streaming products deemed to infringe a Universal Electronics Inc. patent, in a case that targeted the scope of the ITC's authority to issue such orders.

  • January 13, 2025

    High Court Skips 9th Circ. Sesame Oil TM Decision

    The U.S. Supreme Court said Monday it would not consider an India-based sesame oil company's challenge to a Ninth Circuit opinion siding against it in its trademark infringement case against a New Jersey business.

  • January 10, 2025

    4 Lessons For Contractors From The Bitmanagement Saga

    A software company's damages award of just $150,000 after years of litigation over the U.S. Navy violating a licensing deal offers several lessons for federal software contractors about carefully negotiating contractual terms and making sure they can adequately enforce those terms.

  • January 10, 2025

    Microsoft Pushes To Thwart 'Scheme' To Bypass AI Security

    A Virginia federal judge has authorized Microsoft Corp. to seize a website that the tech giant alleges has been instrumental to a "sophisticated scheme" by foreign-based cybercriminals to circumvent safety guardrails built into artificial intelligence services in order to create offensive and harmful content, according to court filings made public Friday. 

  • January 10, 2025

    GSK Hits Back At Moderna Counterclaims In Patent Feud

    GlaxoSmithKline wants a Delaware federal court to quickly reject some of the counterclaims leveled by Moderna in response to patent suits over the company's mRNA vaccines.

  • January 10, 2025

    Masimo, Apple Fight Over Watch IP In Post-Bench Trial Briefs

    Masimo and Apple have submitted dueling briefs to a California federal judge following a trade secret retrial over health sensing technology in Apple's smartwatches, with Masimo maintaining Apple poached its employees to steal its intellectual property and Apple contending Masimo failed for years to "back up their spurious claims" of misappropriation.

  • January 10, 2025

    AstraZeneca Widens Blockbuster Cancer Drug Patent Fight

    AstraZeneca on Thursday hit Zydus, Sandoz, Natco and Cipla with suits in New Jersey federal court accusing them of infringing a patent covering the drug Lynparza, expanding its fight against the generic-drug makers over their efforts to sell or produce the blockbuster cancer treatment.

  • January 10, 2025

    Shoals Again Accuses Voltage Of Patent Infringement At ITC

    Tennessee-based Shoals Technologies Group has launched another legal battle at the U.S. International Trade Commission claiming that North Carolina solar provider Voltage LLC infringed its intellectual property relating to solar power installations.

  • January 10, 2025

    Landry's Resorted To 'Nasty' Tactics In TM Row, Jury Told

    An attorney for a Texas whiskey-maker told a Houston jury Friday that lawyers for Landry's LLC used "nasty" tactics as he urged the panel to rule that his client hadn't ripped off the name of the restaurant and entertainment conglomerate.

  • January 10, 2025

    Infosys Files Antitrust Counterclaims In Trade Secrets Suit

    Healthcare payments software company Infosys has hit back with antitrust counterclaims against Cognizant TriZetto Software Group's Texas federal court suit accusing Infosys of abusing its system access to develop competing services.

  • January 10, 2025

    Columbia Sportswear Tries To Extinguish Patent Challenge

    Columbia Sportswear wants a California federal judge to change his mind about letting a rival pursue a defense in a long-running legal fight over a heat lining design patent, saying that "new facts have emerged" about a challenge to that same patent at the patent office. 

  • January 10, 2025

    Fed. Circ. Revives Novartis Entresto Patent In MDL

    The Federal Circuit on Friday revived a patent covering Entresto, a blockbuster heart failure drug made by Novartis, as part of multidistrict litigation where the company has tried to block generic versions of the product.

  • January 10, 2025

    Patent Partner Leaves Kilpatrick Townsend For K&L Gates

    K&L Gates LLP has added to its Orange County, California, office a Kilpatrick Townsend & Stockton LLP partner with a practice of working with Chinese companies looking to file patents with the U.S. Patent and Trademark Office. 

  • January 10, 2025

    Fed. Circ. Skeptical Ioengine Can Overcome On-Sale Bar

    A Federal Circuit panel seemed doubtful Friday that none of the hundreds of people who downloaded a firmware upgrade affiliated with an early flash drive used it, which Ioengine LLC would need to prove to beat an on-sale bar invalidation of its patents.

  • January 10, 2025

    What's Next After Fed. Circ. Limits Orange Book Listings?

    Under the Federal Circuit's recent ruling that patents must claim a drug's active ingredient to be included in the U.S. Food and Drug Administration's Orange Book, many patents may be listed improperly, but their fate and the ruling's impact on generic competition are far from settled, attorneys say.

  • January 10, 2025

    Instagrammer Wants IP Suit Kept in Nevada Federal Court

    Instagram star Dan Bilzerian told a federal judge in Nevada this week that the Silver State is the appropriate venue for his lawsuit against a former chief financial officer of the vape and lifestyle brand he helped start, even though the company is based in Canada.

  • January 10, 2025

    Funkadelic Keyboardist Fights Sanctions Bid In Royalty Dispute

    The widow of Parliament-Funkadelic's founding keyboardist told a Michigan federal judge Friday that she should not be sanctioned in a royalty dispute with bandleader George Clinton, saying she didn't try to hide what she said is an irrelevant settlement agreement with a record company.

  • January 10, 2025

    Microscope Co. Didn't Infringe UMich Patent, Judge Finds

    A California federal judge has held that German microscope company Leica Microsystems Inc. didn't infringe a patent issued to the University of Michigan that covers a new way of measuring fluorescence.

  • January 10, 2025

    No Ulterior Motive In Anschutz's Secrets Suit, Judge Says

    A Colorado state judge rejected a Denver oil prospector's claim that Anschutz Exploration Corp. abused the judicial process by suing him for sharing allegedly confidential well production information, finding there was no evidence Anschutz filed the trade secrets claims with an ulterior motive.

  • January 10, 2025

    Off The Bench: Venu Deal Off, Fox Suit, Gender Rules Wobble

    In this week's Off The Bench, a last-minute merger ends litigation over the new sports streaming service Venu, only for its backers to mothball the project entirely, Fox Sports is rocked by lurid sexual harassment claims, and a federal judge knocks down an attempt to expand transgender discrimination protections.

  • January 10, 2025

    NC Machinery Co. Says Rival Lied To Hide Trade Secrets Theft

    A North Carolina machining tools manufacturer is suing the American arm of its Germany-based rival in state Business Court, claiming the competitor has been hiring away its talent to acquire its trade secrets and then misrepresenting its job descriptions to hide the alleged scheme.

  • January 10, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.

  • January 09, 2025

    Catalyst Settles Patent Fight Against Teva Over Firdapse

    Florida-based Catalyst Pharmaceuticals Inc. has reached a settlement with Teva in a patent infringement battle in New Jersey federal court over its U.S. flagship commercial drug that treats a rare autoimmune disease that will provide Teva with a license to market a generic version of the drug in 2035, the company announced Thursday.

Expert Analysis

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • How The UPC, ITC Complement Each Other In Patent Law

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    Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 2025 Patent And TM Policy At USPTO: What We Know So Far

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    This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • How White Collar Enforcement May Shift In Trump's 2nd Term

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    After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

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