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Intellectual Property
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September 13, 2024
Samsung Hit With $192M Verdict In Wireless Charging IP Fight
A Texas federal jury on Friday found that Samsung owes Mojo Mobility Inc. $192.1 million for infringing five wireless charging patents with its Samsung Galaxy smartphones and other devices.
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September 13, 2024
Sandoz Awarded $137M In Generic Hypertension Drug Fight
United Therapeutics Corp. owes Sandoz Inc. $137.2 million for conduct that breached an earlier settlement agreement between the parties and effectively blocked the sale of Sandoz's generic version of an injectable drug to treat hypertension, a New Jersey federal judge has ruled.
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September 13, 2024
Judge Orders Mobile IV Co. To Stop Eli Lilly Infringment
A Colorado-based mobile outfit that administers IV treatments to customers in their homes must stop all advertising and web promotion that gives the impression it offers Eli Lilly medications, according to a settlement approved by a federal judge.
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September 13, 2024
NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow
In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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September 13, 2024
Trio Of BigLaw Mergers Expected To Drive More Deal Talks
After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.
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September 13, 2024
Monster Tears Into Supplements Co. For Using 'Beast' Marks
Monster Energy Co. has launched a suit in California federal court that accuses a Miami-based company of marketing and selling supplements that infringe Monster's "Beast"-related trademarks.
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September 13, 2024
Med Techs Settle Eyelid Cleaner Patent Spat
Two companies specializing in eyelid cleaning technology have reached a deal to settle their dispute in California federal court after the court refused to dismiss the infringement allegations.
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September 13, 2024
What Brexit? EU Case Could Force UK Patents Into The UPC
An incoming decision from the European Union's top court could present a back door for parties to bring claims tied to non-EU patents before the Unified Patent Court— meaning that U.K. patents could end up being litigated in the bloc.
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September 13, 2024
Intel's Appeal For Neural Network Tech Blows A Fuse
Officials at the European Patent Office have rejected an appeal by Intel Corp. to register its patent application for deep neural network optimization, as it ruled that the protections it sought were unclear.
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September 13, 2024
Nestlé Can't Ax Danone's Whey Protein Patent At EPO
Danone has rebuffed a bid by food and drink giant Nestlé to scrap its European patent for a whey protein composition, as it proved that using gum arabic as a sugar substitute was a new invention.
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September 13, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.
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September 13, 2024
Former MilliporeSigma Patent Atty Joins Polsinelli In St. Louis
A patent expert and former in-house attorney with chemical and biotechnology company MilliporeSigma has joined Polsinelli PC's St. Louis office, continuing the law firm's expansion of its life sciences team.
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September 13, 2024
Hardware Seller Is Withholding $10M In Fees, Tech Co. Says
A technology company has claimed it introduced a Canadian hardware seller to confidential contacts looking to buy graphics processors, and the seller secured sales from them, but is now withholding around $10.5 million in referral fees.
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September 13, 2024
EasyGroup Claims 'EasyCargo' TM Threatens Its Brand
EasyGroup has sued a courier price comparison website over its use of trademark "EasyCargo," as the owner of no-frills airline easyJet alleged that this threatens its family of "easy" TMs in its ongoing battle against what it calls "brand thieves."
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September 13, 2024
Alcon Loses European Patent Over Eye Imaging Tech
European officials have stripped Alcon Inc. of its protections over an eye-imaging device, ruling that the company's amended description of the technology's "ray tracing" process unlawfully broadened the patent.
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September 12, 2024
McKinsey Partner Can't Undo $11M Music Piracy Judgment
An Eleventh Circuit panel Thursday upheld an $11 million federal default judgment against a McKinsey & Co. partner for pirating music, agreeing with the Georgia lower court that the motion to set aside the roughly 10-year-old order was untimely.
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September 12, 2024
Netgear Gets $135M In TP-Link IP Deal
Netgear Inc. has received $135 million from TP-Link Systems Inc. as part of a settlement of the companies' patent and contract litigation over Wi-Fi routers in the U.S. International Trade Commission and California federal courts.
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September 12, 2024
Google Hit With 'Gemini' TM Suit Over AI Program Name
Google LLC is facing a trademark infringement suit in California federal court by a small business that claims the tech giant made "the calculated decision to bulldoze over" its intellectual property rights by rebranding Google's large language model artificial intelligence program to Gemini.
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September 12, 2024
Court Seriously Overstepped In EUIPO Appeal, ECJ Told
The General Court of the European Union overstepped when it decided to amend part of a decision by the EU intellectual property office based on a plea that it had raised in proceedings, an adviser told the bloc's highest court on Thursday.
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September 12, 2024
Lego Dodges German Rival's Block Design Challenges
Lego has convinced European Union officials that two registered designs for its building blocks are valid, rebuffing challenges from a German toymaker claiming that the shapes should be nixed for lacking individual character.
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September 12, 2024
Ballard Spahr IP Pro Jumps To Taylor English In Atlanta
Taylor English Duma LLP has expanded its Atlanta office with a patent procurement expert from Ballard Spahr LLP following the departures of nearly 20 lawyers who left the former in recent months for three other firms.
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September 12, 2024
Stites & Harbison Eyes Conn. Office With Patent Team Pickup
Stites & Harbison PLLC is stretching beyond its established offices in the South and Midwest with a planned Connecticut location, thanks to the pickup of three patent attorneys and three patent agents formerly with Cantor Colburn LLP.
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September 12, 2024
LG, Vodafone Join Sisvel's 'Internet Of Things' Patent Pool
Telecommunication giants LG Electronics, Vodafone and KT Corp. of Korea have joined Sisvel's patent pool for cellular "Internet of Things" technology.
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September 12, 2024
Air Con Biz Frozen Out Of Bid To Revive Refrigerant Patent
A Japanese air conditioning company cannot keep its patent over a refrigerant chemical because its distinguishing compounds would be an obvious addition to earlier iterations, an appeals panel has ruled.
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September 12, 2024
Sanofi Sets €320M Licensing Deal With US, French Biotechs
Pharmaceutical giant Sanofi SA said Thursday that it will pay up to €320 million ($353 million) to U.S. biotechnology group RadioMedix Inc. and French medicine developer Orano Med for an exclusive license for a radiation treatment for rare cancers.
Expert Analysis
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FTC Focus: Competition And The Right To Repair
If the Federal Trade Commission includes commercial and industrial products as part of copyright exemptions that allow consumers to modify or repair products, then businesses and affected rights holders will need to consider copyrights' impact on infringement issues, say attorneys at Proskauer.
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The Fed. Circ. In May: A Major Shift In Design Patent Law
The Federal Circuit's recent en banc decision in LKQ v. GM overruled three decades of precedent and adopted a new standard for assessing the obviousness of design patents, leaving many questions unanswered, say Sean Murray and Jeremiah Helm at Knobbe Martens.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Fair Use Doctrine Faces Challenges In The Generative AI Era
As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Opinion
Why The Patent Eligibility Restoration Act Can Spur Progress
Patent practitioners have long wrestled with the effects of U.S. Supreme Court decisions that have muddied the waters of what can be patented, but the Patent Eligibility Restoration Act can change that, and those not involved with patents on a day-to-day basis can help get this act passed, says John White at Harness IP.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Protecting Trade Secrets In US, EU Gov't Agency Submissions
Attorneys at Mintz compare U.S. and European Union trade secret laws, and how proprietary information in confidential submissions to the U.S. Food and Drug Administration and the European Medicines Agency is protected in the face of third-party information requests under government transparency laws.
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Tailoring Compliance Before AI Walks The Runway
Fashion industry players that adopt artificial intelligence to propel their businesses forward should consider ways to minimize its perceived downsides, including potential job displacements and algorithmic biases that may harm diversity, equity and inclusion efforts, say Jeffrey Greene and Ivory Djahouri at Foley & Lardner.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Revisiting Morals Clauses In The Age Of Deepfakes
Deepfakes and other forms of misrepresentation powered by artificial intelligence have complicated the traditional process of reputation management for companies entering into talent agreements with celebrities, bringing new considerations for the morals clauses that usually shield against these risks, say attorneys at Pryor Cashman.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.