Intellectual Property

  • October 24, 2024

    PTAB Largely Ends 2 Telecom Patents After Cisco Challenge

    The Patent Trial and Appeal Board has fully thrown out an Orckit Corp. link aggregation patent and mostly invalidated another telecommunications patent following challenges from Cisco, finding their claims were too obvious to warrant patent protection.

  • October 24, 2024

    Calif. Judge Urged To Uphold $262M Hard Drive IP Verdict

    MR Technologies has asked a California federal judge to deny Western Digital's bid to toss a $262 million patent infringement verdict in a dispute over disk drive storage technology, saying the hard drive behemoth's desire for a redo is outweighed by its failure to present any legal errors or abuse of discretion by the court.

  • October 24, 2024

    Fed. Circ. Revives Lenovo Bid For SEP Anti-Suit Injunction

    The Federal Circuit on Thursday gave Lenovo a new shot at securing an order that could bar Ericsson from enforcing injunctions in South America amid the companies' globe-spanning standard-essential patent dispute, faulting a lower court's reasoning for rejecting Lenovo's request.

  • October 24, 2024

    Walmart Hid Patent Evidence, Co.'s Sanctions Bid Claims

    Zest Labs wants Walmart sanctioned in a suit claiming the retail giant stole the startup's trade secrets related to shelf-freshness technology, telling an Arkansas federal judge that Walmart hid important evidence about patents it had filed applications for.

  • October 24, 2024

    Scam PAC Uses Rick Scott's Name To Trick Donors, Suit Says

    The National Republican Senatorial Committee has filed a false advertising and likeness misappropriation complaint in California federal court accusing a political action committee of fraudulently fundraising millions of dollars in contributions from unwitting donors who think they're supporting prominent conservative lawmakers like Sen. Rick Scott. 

  • October 24, 2024

    3 Insurance Execs Beat Ex-Employer's Trade Secrets Suit

    A North Carolina federal judge has ruled Sherbrooke Corporate Ltd. failed to properly allege three former executives it accused of stealing confidential, proprietary software to start their own company actually used that software or kept how it worked a secret.

  • October 24, 2024

    ITC Bans Foreign Counterfeit Tourniquets

    The U.S. International Trade Commission banned foreign counterfeits of a tourniquet used by the U.S. military, finding that a broad exclusion order was necessary to protect the domestic manufacturers' intellectual property.

  • October 24, 2024

    Huawei Trade Secrets Trial Pushed Back To 2026

    A Washington federal judge on Thursday approved a request from Huawei and the government to delay a trial until October 2026 in a case alleging the company stole T-Mobile's trade secrets.

  • October 24, 2024

    Crowe & Dunlevy Hires Oklahoma City IP Law Professor

    Crowe & Dunlevy has picked up a politically ambitious intellectual property professor from Oklahoma City University School of Law who has previously worked as a litigator for nonpracticing entities and as a patent examiner.

  • October 24, 2024

    MVP: Debevoise & Plimpton's David Bernstein

    David Bernstein of Debevoise & Plimpton LLP helped a beverage mogul avoid a Texas jury, beat the government on behalf of the Snapchat brand and tries to find ways to sprinkle a little bit of "magic" into his career as a trademark litigator, earning him a spot as one of the 2024 Law360 Intellectual Property MVPs.

  • October 23, 2024

    TriZetto Gets New Damages Trial After Ax Of $200M Awards

    A New York federal judge Wednesday agreed to hold a new damages trial in Cognizant affiliate TriZetto's trade secret misappropriation and copyright infringement dispute with Syntel, a development that comes after the judge wiped out $200 million in damages awards in favor of TriZetto earlier this year.

  • October 23, 2024

    Court Denies Fees In 'Objectively Specious' Trade Secrets Suit

    A Seattle federal judge has agreed that a dental health insurer litigated an "objectively specious" trade secrets lawsuit against two of its former company officials, but ruled that not enough showed it was pursuing the case "in bad faith."

  • October 23, 2024

    Amazon Challenges Expert In $136M Ad Patent Case Defeat

    Amazon has asked U.S. District Judge Alan Albright to overturn a jury verdict behind a $136 million judgment it owes for infringing patents covering online ad space auctions, saying the small advertising software plaintiff's expert couldn't back up his infringement finding.

  • October 23, 2024

    Patent Owner Fed Up With Fed. Circ's 1-Word Decisions

    A patent owner has urged the U.S. Supreme Court to review the Federal Circuit's one-word decision affirming summary judgment in favor of TD Ameritrade in a high-stakes patent fight, saying the appellate court is routinely and summarily affirming orders that ignore factual disputes in patent cases, without explanation.

  • October 23, 2024

    'Where's The Puff?' Judge Asks In Little Caesars IP Battle

    An Illinois federal judge asked Little Caesars Wednesday what was so puffy about its recent "Crazy Puffs" products, as a Chicago-based company that makes "Pizza Puffs" argued the chain is infringing trademarks it has held for nearly half a century.

  • October 23, 2024

    Feds, Huawei Ask To Delay 'Complex' Trade Secret Theft Trial

    Washington federal prosecutors and Huawei have both asked to delay until 2026 a trial in a case accusing the company of stealing T-Mobile's trade secrets, noting the complexity of the case and difficulties the attorneys for the Chinese chipmaker have had communicating with witnesses.

  • October 23, 2024

    Ameriprise, Ex-Worker Duo To Arbitrate Stolen Docs Claims

    Financial services company Ameriprise will arbitrate claims that a father-son pair of ex-employees took confidential records "in the dark of the night" on their way out the door to work for a competitor, the Financial Industry Regulatory Authority has determined.

  • 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.

Expert Analysis

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Leveraging Policy Changes To Achieve AI Patent Eligibility

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    With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 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.

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