Intellectual Property

  • September 03, 2024

    VLSI Asks Fed. Circ. To Nix Intel's Extraterritoriality Patent Win

    Licensing company VLSI has urged the Federal Circuit to overturn a ruling granting Intel Corp. a win in VLSI's $900 million patent fight, arguing that the trial judge wrongly concluded on summary judgment that VLSI hasn't shown that Intel's alleged chip patent infringement occurred in the U.S., among other alleged errors.

  • September 03, 2024

    Gov't Backs 9th Circ. Bid To Revive Invisalign Monopoly Case

    The U.S. Department of Justice has told the Ninth Circuit that a lower court applied the wrong standard when tossing a pair of class actions accusing the maker of Invisalign of monopolizing markets for clear dental aligners and teeth scanners.

  • September 03, 2024

    Shkreli Hands Over 15 Copies Of Wu-Tang Clan Album

    Martin Shkreli turned over 15 copies of the one-of-a-kind Wu-Tang Clan album he once owned after a New York federal judge ordered him to surrender any copies to his attorneys amid an ongoing lawsuit.

  • September 03, 2024

    USPTO Launches PTAB Clinic With Ex-Judges

    The U.S. Patent and Trademark Office on Tuesday rolled out a new free initiative in which former judges from the Patent Trial and Appeal Board will answer questions and offer guidance on proceedings before the board in one-on-one meetings with members of the public.

  • September 03, 2024

    Justices Urged To Revive Movie Site TM Suit Against BofA

    The Tenth Circuit employed "an analysis devoid of context whose conclusions contradicted themselves" when it found Bank of America Corp. had not infringed a movie website owner's trademark with its virtual assistant "Erica," the site owner has told the U.S. Supreme Court.

  • September 03, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.

  • September 03, 2024

    Hogan Lovells Tech Transactions Ace Returns To Weil In SF

    Weil Gotshal & Manges LLP is expanding its California team, announcing Tuesday it is welcoming back a technology transactions expert, most recently with Hogan Lovells, as a partner in its recently opened San Francisco office.

  • August 30, 2024

    Miami Gallery Sold Family $6M In Fake Warhols, Lawsuit Says

    A new lawsuit accuses a Miami gallery of selling over $6 million in fake Andy Warhol paintings and stringing a family of amateur art collectors along with an elaborate ruse involving the lure of "below-market prices" and "fictitious" employees from the Warhol Foundation and a New York auction house. 

  • August 30, 2024

    Full Fed. Circ. Urged To Review PTAB Estoppel Rule Case

    A Federal Circuit ruling that Patent Trial and Appeal Board decisions can render patent claims invalid in later U.S. Patent and Trademark Office proceedings is "contrary to the patent laws and congressional intent," a patent owner said Friday seeking rehearing in a case that could increase scrutiny of some patents.

  • August 30, 2024

    9th Circ. Won't Double Software Co.'s $13.5M Trade Secret Win

    The Ninth Circuit on Friday affirmed a lower court's denial of a request by software company Proofpoint Inc. for exemplary damages that could have doubled its $13.5 million trade secret theft verdict, ruling that any error the district court made in denying the damages is harmless.

  • August 30, 2024

    Judge Asks Why Hytera Didn't Seek Help To Avoid Contempt

    As Hytera Communications said Friday that its massive radio redesign was enough to show it shouldn't be held in contempt for allegedly continuing to use stolen Motorola Solutions trade secrets, an Illinois federal judge interrupted to ask why Hytera didn't ask the court for more guidance to better target its efforts. 

  • August 30, 2024

    UK Drops Antitrust Probe Into School Software Co.

    A United Kingdom school software company is no longer facing antitrust scrutiny over alleged litigation threats against schools looking to switch providers, but the firm continues to suggest that it may take action against the "misuse of its intellectual property" that it says complaints to authorities were meant to hide.

  • August 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.

  • August 30, 2024

    Align Tech Cuts $27.5M Antitrust Deal With 1.45M Consumers

    A proposed class of nearly 1.45 million SmileDirectClub teeth-aligner buyers urged a California federal judge Thursday to preliminarily sign off on Align Technologies Inc.'s $27.5 million cash and coupon settlement to resolve antitrust claims alleging the company colluded with the now-bankrupt SmileDirecClub to illegally restrict competition.

  • August 30, 2024

    Cisco Hit With $65.7M Verdict For Infringing Paltalk Patent

    A Western District of Texas jury hit Cisco Systems with a $65.7 million verdict on Thursday for directly infringing Paltalk's patent related to hybrid audio servers, finding that Cisco infringed and failed to prove certain claims were invalid.

  • August 30, 2024

    RNC Says It Had License For Isaac Hayes' Song At Convention

    The Republican National Committee on Friday urged a Georgia federal court to deny the estate of Isaac Hayes' request to order Donald Trump and other conservative groups to stop playing the song "Hold On, I'm Coming," saying it was properly licensed.

  • August 30, 2024

    Republic Bank Tells IP Lawsuit Judge It's Bankrupt

    An embattled Pennsylvania-based bank has sought bankruptcy protection following its high-profile seizure by federal authorities as it grappled with $1.3 billion in debt, according to its latest filing in a trade secrets misappropriation suit.

  • August 30, 2024

    Manilow Says IP Biz Didn't Deliver 'Copacabana' TikTok Trend

    Singer Barry Manilow has hit British music royalties outfit Hipgnosis with a California federal court lawsuit alleging he was falsely promised a "Copacabana dance trend" on TikTok, the marketing of a "Copacabana" drink kit and over a million dollars in bonuses. 

  • August 30, 2024

    Actors Say AI Co. ElevenLabs Cloned Their Voices

    Two professional audiobook narrators have sued speech synthesis software company ElevenLabs Inc. in Delaware federal court, saying the company used generative artificial intelligence to clone their voices without consent or compensation and is now profiting by letting customers use their voice clones "Bella" and "Adam" for free.

  • August 30, 2024

    Marketing Company Fights Texas Firm's Deception Claims

    An Oklahoma City legal marketing company has acknowledged in a court filing that it uses trademarks associated with a Texas lawyer in its online keyword advertising, but it said the practice is lawful and that the Texas lawyer waited too long to complain and hasn't shown actual harm from it.

  • August 30, 2024

    Another Biz Owner Called To Appear In Judge's Patent Probe

    U.S. District Judge Colm F. Connolly has ordered the owner of another business affiliated with patent litigation funding outfit IP Edge and its affiliate Mavexar to appear before him amid his probe into possible fraud he says may have been perpetrated on the Delaware federal court in certain infringement cases.

  • August 30, 2024

    Off The Bench: NFL Lets PE In, Ex-NBA Pro Denies Agent Deal

    In this week’s Off The Bench, the NFL shakes up its ownership rules and joins the rest of the pro sports world, while a former NBA player says his agency is trying to cling to him after he moved on. 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.

  • August 30, 2024

    Nike Slammed Over Litigation Tactics In TM Atty Fees Battle

    A Pennsylvania clothing manufacturer panned Nike Inc.'s alleged "intransigence" and obstructive conduct in fighting a trademark infringement lawsuit, as the business pushed for attorneys fees in federal court following a remand from the Third Circuit.

  • August 30, 2024

    Omni Bridgeway In-House Atty Joins Barnes & Thornburg

    Barnes & Thornburg LLP has added an intellectual property partner with experience as a software engineer to its growing Minneapolis office, the firm said Thursday.

  • August 30, 2024

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

    This past week in London has seen television property developer Kambiz Babaee hit with a fraud claim, a Bitcoin podcaster reignite a dispute with Australian computer scientist Craig Wright and football club owner Massimo Cellino's company file a claim against ClearBank. Here, Law360 looks at these and other new claims in the U.K.

Expert Analysis

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • 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.

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