Try our Advanced Search for more refined results
Intellectual Property
-
July 29, 2024
'Words Matter,' Says Judge Upon Ending Intel Patent Suit
It's lights out for a long-running Delaware patent lawsuit against Intel, after a judge Friday pointed to contradictory language used at the U.S. Patent and Trademark Office and declared that one can't "have his claim and eat it, too."
-
July 29, 2024
Trademark Cases To Watch In The Second Half Of 2024
The U.S. Supreme Court will hear arguments in a trademark infringement case regarding disgorgement of profits from corporate affiliates, and The Pennsylvania State University is headed to trial against a sports apparel retailer in a case with potentially huge ramifications for merchandise licensing. Here is a look at the trademark cases to watch for the rest of the year.
-
July 29, 2024
7th Circ. Judge Praised After Surviving Senate 'Gauntlet'
During U.S. District Judge Nancy Maldonado's brief tenure in Chicago federal court, she tackled several issues without direct precedent, including the intricacies of sound recording copyright protections. Now, after an especially bruising confirmation process, she'll be in a position to set precedent on the Seventh Circuit.
-
July 29, 2024
Western Digital Hit With $262M Verdict Over Data Storage IP
A California federal jury found Friday that hard drive behemoth Western Digital owes MR Technologies more than $262 million in royalties for infringing its patents for increasing storage capacity on disk drives, after nearly two weeks of trial and four hours of deliberations.
-
July 29, 2024
TikTok Loses Bid To Have Chinese Co. Identify Trade Secrets
A California federal court has denied TikTok's bid to force Beijing Meishe Network Technology Co. Ltd. to further identify trade secrets in a complaint that accuses the social media platform of stealing them, with the judge saying that the suit includes enough information for now and that discovery should proceed quickly.
-
July 29, 2024
Immigration Firm Wants Injunction In Trade Secret Fight
A Washington-based immigration law firm is arguing that a Colombian ex-employee helped a Houston immigration law firm poach its offshore employees in Colombia and copy its business model for building a large-scale firm, and that the court must declare a preliminary injunction to stop "irreparable harm."
-
July 29, 2024
Nixon Peabody Hires Morgan Lewis IP Atty
Nixon Peabody LLP has hired a Morgan Lewis & Bockius LLP associate whose practice focuses on the gamut of intellectual property matters, like representing clients on patent, trademark, and trade secret disputes, the firm announced Monday.
-
July 29, 2024
Foley Hoag Elevates IP Pro To Co-Managing Partner
Foley Hoag LLP has hired a longtime Boston-based senior partner in the intellectual property department as co-managing partner, the firm said Monday.
-
July 29, 2024
Morgan Lewis Grows German Presence With 3 New Partners
Morgan Lewis & Bockius LLP announced Monday that it has hired three new partners to further strengthen its German offerings.
-
July 29, 2024
Reebok Rips Shoe Rival's 'Underhanded' Conduct In TM Case
Reebok asked a Massachusetts federal judge to sanction an Italian shoemaker and strike nearly three dozen witnesses who were disclosed at the last minute in a trademark case, the latest claim by the shoe and apparel giant of "underhanded" tactics.
-
July 26, 2024
Apple Commits To White House Guidelines For Responsible AI
Apple Inc. has signed onto the Biden administration's voluntary guidelines for "responsible" artificial intelligence innovation, joining the likes of Amazon.com Inc., Google LLC, Microsoft Corp. and a dozen other leading tech companies, the White House announced Friday.
-
July 26, 2024
Off The Bench: NBA Signs Mega Deals, Jerry Jones Settles
In this week's Off The Bench, the NBA signed $77 billion worth of telecast and streaming deals while longtime league broadcaster TNT challenged the decision, Jerry Jones' suit against his alleged daughter settled while jurors were at lunch, and Pennsylvania's high court agreed to hear an appeal relating to Pittsburgh's jock tax, a fee applied to nonresident professional athletes.
-
July 26, 2024
Copyright Cases To Watch In The Second Half Of 2024
The first copyright trial arising from an artificial intelligence platform could provide intellectual property attorneys with insight into dozens of pending suits against AI companies, while the Tenth Circuit is reconsidering whether Netflix made fair use of a funeral clip in its "Tiger King" docuseries.
-
July 26, 2024
NCAA's $2.8B NIL Deal, Revenue-Sharing Plan Sent To Judge
A $2.78 billion deal to settle a massive class action targeting the NCAA's name, image and likeness compensation rules was submitted to a California federal judge for preliminary approval Friday, allowing for revenue sharing with athletes across all sports.
-
July 26, 2024
Fed. Circ. Upholds PTAB Estoppel Rule, But Limits Its Reach
The Federal Circuit on Friday upheld a U.S. Patent and Trademark Office rule that can lead to Patent Trial and Appeal Board decisions rendering patent claims invalid in later office proceedings, but found in a case involving Apple and Motorola that the rule doesn't apply to issued claims.
-
July 26, 2024
Amazon And Google Face New Suits Over Japanese Patents
A litigation outfit trying to cash out on patents issued to Japanese electronics company JVCKenwood has expanded its campaign against Amazon and Google with a second set of lawsuits in Virginia federal court.
-
July 26, 2024
Del. Court Won't Let Generic Co. Walk Back Invalidity Promise
Generic-drug maker Mankind Pharma is bound to its promise not to challenge the validity of a patent covering Allergan's glaucoma drug Lumigan after a federal judge in Delaware shot down its argument that recent rulings on obviousness-type double patenting altered the litigation landscape.
-
July 26, 2024
Jam Band Phish Can Seize Bootleg Merch, Judge Says
Jam band Phish has been given the green light by a Boston federal judge to confiscate counterfeit merchandise being sold outside its concerts this summer.
-
July 26, 2024
HP Calls Dolby, Philips, Mitsubishi Patent Fees A 'Money Grab'
Computer maker HP Inc. has claimed Dolby Laboratories, Mitsubishi and Philips are attempting a "money grab" by attempting to overcharge on licensing fees for ultra-high-definition streaming patents, according to a complaint filed in Massachusetts state court.
-
July 26, 2024
Illinois Cases To Watch In 2024: Midyear Report
Illinois attorneys say they are considering the path forward for Springfield corruption prosecutions following a recent U.S. Supreme Court ruling, as well as paying attention to what comes next in Motorola Solutions' trade secret contempt fight and potential new guidelines for music copyright cases. Here are the cases to watch in Illinois for the rest of 2024.
-
July 26, 2024
Washington Cases To Watch 2024: A Midyear Report
Two Washington tribes are testing whether they can hold Big Oil companies accountable in state court for climate change-related catastrophes, the attorney general is defending a ban on large-capacity gun magazines, and a key test of the state's anti-patent troll law is set for trial.
-
July 26, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen U.K. band The 1975 face action by Future Sound Asia after its performance in Malaysia resulted in a festival's cancelation, Spectrum Insurance hit by The Motoring Organization following their dispute over information misuse, and a former police constable pursue defamation against a colleague for allegedly instigating a campaign of harassment against her. Here, Law360 looks at these and other new claims in the U.K.
-
July 25, 2024
Blue Bottle Won't Be Sanctioned Or Pay Atty Fees In TM Row
Blue Bottle won't be sanctioned nor ordered to pay $1.15 million in fees for losing its trademark suit against a company selling "Blue Brew" brand accessories, with a California federal judge ruling Wednesday that its infringement claims weren't frivolous and that its likelihood of confusion argument was "rooted in good faith."
-
July 25, 2024
Pfizer Calls GSK Patents In COVID Vax Case Unenforceable
Pfizer and BioNTech have fired back at GlaxoSmithKline's patent suit against them over the COVID-19 vaccine, saying GSK's patents are unenforceable because the company delayed in filing its applications and then crafted them to cover the blockbuster vaccine after it became available.
-
July 25, 2024
Fed. Circ. Backs Penn. Jury Invalidating Sherwin-Williams IP
A Pennsylvania federal judge rightfully invalidated claims of several Sherwin-Williams Co. paint coating patents after a jury trial, and properly barred inconsistent assertions from the company, the Federal Circuit held Thursday.
Expert Analysis
-
Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
-
When Patents As Loan Collateral Can Cost You Standing
The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.
-
3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
-
Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
-
How Life Science Companies Are Approaching UPC Opt-Outs
A look at recent data shows that one year after its launch, the European Union's Unified Patent Court is still seeing a high rate of opt-outs, including from large U.S.-based life science companies wary of this unpredictable court — and there are reasons this strategy should largely remain the same, say Sanjay Murthy and Christopher Tuinenga at McAndrews Held.
-
Series
After Chevron: Expect Few Changes In ITC Rulemaking
The U.S. Supreme Court's opinion overruling the Chevron doctrine will have less impact on the U.S. International Trade Commission than other agencies administering trade statutes, given that the commission exercises its congressionally granted authority in a manner that allows for consistent decision making at both agency and judicial levels, say attorneys at Polsinelli.
-
6 PTAB Events To Know From The Last 6 Months
The first half of 2024 brought a flurry of Patent Trial and Appeal Board developments that should be considered in post-grant strategies, including proposed rules on discretionary denial and director review, and the first decisions of the Delegated Rehearing Panel, say attorneys at Fish & Richardson.
-
Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.