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Intellectual Property
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Featured
Patent Cases To Watch In 2025
The Federal Circuit has taken on a rare en banc patent case looking at damages, while the U.S. Supreme Court has been asked to review when foreign damages can be incorporated into patent awards. Here's what you need to know about these cases and others that attorneys are keeping an eye on in 2025.
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January 03, 2025
Battling Berts: Judge Enjoins Ga. Law Firm In Trademark Row
A Georgia federal judge Friday temporarily barred an Atlanta-based law firm from advertising and promoting its personal injury legal services through messaging like "If You're Hurt ... Call Bert!" and "If You're Hurt, Call Bert," ruling that it is too similar to another personal injury firm's trademarked slogan.
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January 03, 2025
Mich. Law Firm Urges Dismissal Of Insurer's Defamation Suit
A Michigan personal injury attorney and his firm are urging a federal judge to toss a defamation lawsuit accusing them of launching a smear campaign against an auto insurance company, arguing opinion pieces they published on the firm's blog are protected by the First Amendment.
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January 03, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Chris Eubank Jr. hit with a libel claim from a boxing promoter, a perfume boss face proceedings from his businesses following sanctions violations claims, and Israeli broadcasters file intellectual property claims against BT and Sky. Here, Law360 looks at these and other new claims in the U.K.
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January 02, 2025
IBM And GlobalFoundries Settle Contract, Trade Secret Suits
IBM and semiconductor maker GlobalFoundries US Inc. have settled lawsuits lodged against each other in which IBM accused GlobalFoundries of breaching a $1.5 billion manufacturing deal, while GlobalFoundries accused IBM of unlawfully disclosing its confidential trade secrets, the companies announced Thursday.
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January 02, 2025
Dyson, SharkNinja Put Down Blades In Sprawling Patent Fight
Dyson Inc. and its rival SharkNinja Inc. have informed federal judges in Texas and Massachusetts that they've reached a settlement in their sprawling patent fight spanning multiple jurisdictions over vacuum cleaner appliances, and they have requested a stay in the litigation.
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January 02, 2025
Fox Rothschild Atty Beats Trade Secret Theft Allegations
A federal judge in New Jersey says a company trying to develop cancer drugs had waited too long to sue its former patent lawyer after he allegedly "confessed" over five years ago to helping a Chinese rival file a patent application that allegedly misappropriated trade secrets.
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January 02, 2025
Omnitracs' $19M Patent Trial Jury Win Tossed By Calif. Judge
A California federal judge has overruled a jury's holding that Platform Science willfully infringed one of Qualcomm spinoff Omnitracs' fleet management software patents and vacated the resulting $19 million verdict, finding that the plaintiffs' expert gave faulty testimony.
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January 02, 2025
Issa Again Selected To Lead House IP Subcommittee
Rep. Darrell Issa, R-Calif., will again lead the House subcommittee overseeing intellectual property in the upcoming Congress, a role in which he has sponsored bills seeking to limit how many patents can be asserted in biosimilar cases and require disclosure of litigation funding.
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January 02, 2025
Justices Urged To Review Copyright Attorney Fee Circuit Split
A Florida real estate broker is asking the U.S. Supreme Court to decide if defendants hit with copyright infringement suits can collect attorney fees when those suits are dropped, calling the case "an obvious candidate" for high court review.
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January 02, 2025
Boston Dynamics Settles Robot IP Suit With Rival
Boston Dynamics Inc. has agreed to a deal to end a patent infringement lawsuit it launched against competitor Ghost Robotics Corp. in Delaware federal court over artificial intelligence technology tested by the U.S. Air Force.
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January 02, 2025
Southern Comfort Malt Liquor Buyers Score False Ad Cert.
A New York federal judge certified a class of Southern Comfort customers alleging Sazerac Co. deceptively labeled its malt beverage products, but declined to allow one plaintiff to serve as class representative, finding Thursday he lied in interrogatory answers and "appeared not to know the basic premise of the case."
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January 02, 2025
Comcast Foe Fails To Resurrect Patent Case Over Xfinity App
The full Federal Circuit on Thursday denied a request to look at a decision overturning a Delaware federal jury's infringement verdict in favor of a small California company that has been suing Comcast over patent claims for the past five years.
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January 02, 2025
Startup Wants New Trial After TransUnion Undoes $18M Loss
A Sixth Circuit panel was wrong to affirm that a startup must come away empty-handed from a dispute with TransUnion LLC over a partnership to develop an online insurance quote marketplace, the startup said in asking the panel to give it a new trial instead of throwing out its jury win completely.
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January 02, 2025
Rep. Jordan Picks Wis. Lawmaker For House Antitrust Panel
Republicans are moving to install a frequent critic of President Joe Biden's Federal Trade Commission at the head of the House of Representatives' antitrust subcommittee, naming Rep. Scott Fitzgerald, R-Wis., to the post Tuesday.
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January 02, 2025
Trucking Software Co. Sued Over Alleged Trade Secrets Theft
A technology company that offers solutions to shippers, carriers and logistics service providers has filed suit against Southern Motor Carriers Association Inc. and one of its board members, alleging they interfered with its contractual and business relations and misappropriated trade secrets related to one of its software packages.
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January 02, 2025
Fed. Circ. Reverses Telecom Patent Owner's PTAB Win
The Federal Circuit on Thursday threw out a Patent Trial and Appeal Board decision that refused to invalidate claims in a mobile communications patent owned by a unit of European patent-licensing company Sisvel, with a panel majority saying the PTAB made numerous errors.
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January 02, 2025
Hikma Wants Extension At High Court In Skinny Label Case
Hikma Pharmaceuticals USA Inc. wants an extra month to file its petition challenging the Federal Circuit's revival of a suit claiming the company induced physicians to infringe patents covering Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa, citing the case's importance and the busy schedules of attorneys.
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January 02, 2025
'Crush-Resistant' OxyContin Patents Fail At Fed. Circ.
In one of its last major moves in 2024, the Federal Circuit decided to reject an appeal from the bankrupt maker of OxyContin, which is trying to use patent laws to block the release of a competing "crush-resistant" generic painkiller.
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January 02, 2025
3 Things To Know About 9th Circ. Ruling In $56M Beer Battle
The Ninth Circuit has affirmed a $56 million trial verdict for Stone Brewing Co. in a long-running trademark battle involving Molson Coors, saying the evidence supported the jury's conclusion that the Canadian-American beer company's repackaging of its Keystone Light brand infringed its competitors' "Stone" mark.
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January 02, 2025
9th Circ. Dismisses LegalForce Trademark Appeal
The Lanham Act, the primary federal statute dictating trademark law, does not apply to the advertising and selling of equity, the Ninth Circuit stated in an appeals case between intellectual property firm LegalForce RAPC Worldwide PC and a Japanese company that fundraised off the brand "LegalForce."
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January 02, 2025
Perkins Coie Fights DQ Bid In Facial Recognition IP Suit
Perkins Coie LLP wants to continue defending Jumio Corp. in a patent infringement lawsuit involving facial recognition technology, calling plaintiff FaceTec Inc.'s bid to disqualify the law firm over its previous work for FaceTec a "tactical" ploy.
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January 02, 2025
Netflix Says 'Uncopyrightable Facts' Sink Boy Scout Doc Suit
Netflix has asked a New Jersey federal court to toss a trial lawyer's copyright infringement claims over their competing documentaries on sexual abuse within the Boy Scouts of America, arguing that any claimed similarities "are based on uncopyrightable facts that are free for all creators to use."
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January 01, 2025
The Top Sports & Betting Cases To Keep An Eye On In 2025
The name, image and likeness class action the NCAA settled in 2024 for $2.78 billion was a long time coming and packs a punch that will be felt for years to come. It overshadowed other ongoing, status quo-rocking litigation involving the NFL, NBA, MLB and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in 2025.
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January 01, 2025
Copyright & Trademark Policy And Trends To Watch In 2025
Congress has its sights set on cracking down on deepfakes this year with a pair of proposals aimed at establishing uniform protections for individuals nationally, and intellectual property attorneys are watching Illinois, which has become a go-to place to pursue online counterfeiters. Here are Law360's picks for the copyright and trademark policies and trends to watch this year.
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January 01, 2025
On Tap In NY: Diddy, Trump And A New Manhattan Top Cop
The coming year's main event in New York courts is an expected sex-trafficking trial for hip-hop icon Sean "Diddy" Combs, while the political reascendancy of Donald Trump will echo in halls of the judiciary as the president-elect litigates to quash his own conviction.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
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.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
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.
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Fed. Circ. In December: A Patent Prosecution History Lesson
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.
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An Associate's Guide To Career Development In 2025
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.
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2025 Patent And TM Policy At USPTO: What We Know So Far
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.
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Reviewing 2024's Crucial Patent Law Developments
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.
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How White Collar Enforcement May Shift In Trump's 2nd Term
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.
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Series
Fixing Up Cars Makes Me A Better Lawyer
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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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Using Contracts As Evidence Of Trade Secret Protection
Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.
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Unwrapping Retailer AI Risks Amid Holiday Shopping Season
While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.