Intellectual Property

  • December 06, 2024

    9th Circ. Won't Revisit CR Bard's Patent Misuse Win

    The Ninth Circuit declined Friday to rethink its holding that C.R. Bard was allowed to seek royalties on sales of a vascular stent after a U.S. patent had expired, rejecting Atrium Medical Corp.'s rehearing bid in the $53 million bench trial appeal.

  • December 06, 2024

    2nd Circ. Won't Revisit Sheeran's 'Let's Get It On' Win

    The Second Circuit won't rethink a panel's opinion that Ed Sheeran's hit "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get It On," handing a loss to Structured Asset Sales LLC.

  • December 06, 2024

    PTAB Axes Patent Claims In Scrapped $583M Verizon Verdict

    The Patent Trial and Appeal Board has ruled that Verizon was able to show that two claims in a General Access Solutions wireless network patent were invalid, the latest action in a larger legal battle between the parties.

  • December 06, 2024

    Patent Litigation Funders 'Fleeing' Del. Court, Study Says

    Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.

  • December 06, 2024

    OpenAI Unveils Plans To Ask JPML To Centralize IP Suits

    OpenAI Inc. informed New York and California federal courts this week it plans to ask the Judicial Panel on Multidistrict Litigation to centralize eight copyright infringement and Digital Millennium Copyright Act lawsuits — including a proposed class action — brought by content creators and publishers.

  • December 06, 2024

    Off The Bench: Kyrie Irving Sued, Golf's New Transgender Ban

    In this week's Off The Bench, the New York Knicks and Rangers sue the unknown masses of people selling counterfeit team gear, a therapist who put on a family retreat for Kyrie Irving sues him over the bill, and two major golf organizations block transgender players from women's tournaments.

  • December 06, 2024

    New Balance Hit With Patent Suit Over Track Cleats

    A Texas patent holder sued New Balance in Massachusetts federal court Friday, alleging that four models in New Balance's FuelCell SuperComp line of cleated running shoes are similar to its design for sneakers that include composite or laminate materials.

  • December 06, 2024

    Fed. Circ. Backs $25K Sanction In Stun Device Design IP Suit

    The Federal Circuit said Friday that a lower court did nothing wrong in ordering stun device maker PS Products Inc. to pay $25,000 as a sanction for filing what the circuit court said was a "nuisance" patent infringement lawsuit against a rival manufacturer.

  • December 06, 2024

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

    This past week in London has seen Burberry file a copyright claim against discount store B&M, the former owner of Charlton Athletic file a debt claim against the football club, and British Airways and the U.K. government face a class action brought by flight passengers taken hostage at the start of the First Gulf War. Here, Law360 looks at these and other new claims in the U.K.

  • December 05, 2024

    Jane Street Ends Trade Secret Fight With Rival Investing Firm

    Jane Street Group LLC and Millennium Management LLC have agreed to put to rest their trade secrets dispute over a proprietary trading strategy, according to a joint stipulation of dismissal filed Thursday in New York federal court.

  • December 05, 2024

    'Krank3d' TM Too Close To Rival 'Krank'd': 11th Circuit

    The Eleventh Circuit on Wednesday refused to disturb a lower court's decision temporarily barring energy drink maker Hi-Tech Pharmaceuticals from using the trademark "Krank3d," agreeing with the district court that the mark appears to be too similar to a competitor's "Get Krank'd" trademark.

  • December 05, 2024

    Internet Archive Won't Take E-Book Fair Use To Justices

    The Internet Archive on Wednesday said it will not ask the U.S. Supreme Court to weigh in on whether its practice of distributing copyrighted e-books for free without permission from some of the world's biggest publishers is excused by the Copyright Act's fair use doctrine.

  • December 05, 2024

    Fed. Circ. Grapples With Injunctions On Eylea Biosimilars

    Regeneron Pharmaceuticals Inc. faced a two-pronged challenge before a Federal Circuit panel Thursday as two companies sought to undo a court order prohibiting them from releasing their biosimilar versions of Regeneron's Eylea eye medication.

  • December 05, 2024

    IP Forecast: PTAB To Hear Pfizer Fight Over COVID-19 Patents

    Pfizer heads to an administrative board at the U.S. Patent and Trademark Office next week to argue Moderna should not have been issued patents covering "a basic idea" like using mRNA to fight the COVID-19 virus. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • December 05, 2024

    Judge Newman Brings Fight To End Her Suspension To DC Circ.

    U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution. 

  • December 05, 2024

    Investors Sue Pegasystems In Corporate Espionage Case

    Business software developer Pegasystems Inc. has been hit with allegations that it misled an asset management firm by concealing its use of illegal and unethical tactics to misappropriate competitor Appian Corp.'s trade secrets, which led to a since-overturned $2 billion Virginia state court judgment for unjust enrichment. 

  • December 05, 2024

    Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs

    Netgear is urging a California federal judge to block Chinese router-maker Huawei Technologies from seeking injunctions through Wi-Fi patent infringement actions the company pursued in foreign courts, arguing that Huawei is trying to impose excessive royalty rates and is avoiding its commitment to license its patents on reasonable terms.

  • December 05, 2024

    Vidal Sends Nokia's Patent Challenges Back To PTAB, Again

    The head of the U.S. Patent and Trademark Office has again vacated a Patent Trial and Appeal Board refusal to hear three patent challenges by Nokia, saying the board needs to take a look at the case a third time.

  • December 05, 2024

    DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says

    The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office said in a report released Thursday exploring the benefits and pitfalls of the proliferation of third-party intellectual property litigation financing.

  • December 05, 2024

    Gov't Efficiency Push Is A 'New Day,' House Speaker Says

    House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.

  • December 05, 2024

    Judge Snubs Bid For $1M Bond On $22M 'Comfy' IP Verdict

    An Arizona federal judge on Wednesday rejected a retailer's bid to pay a $1 million bond while appealing a $22 million judgment against it for infringing the design patents of Cozy Comfort Co., the maker of the "Comfy" sweatshirt featured on "Shark Tank."

  • December 05, 2024

    Sanctioned VLSI Patent Challenger Must ID Members In Va.

    VLSI Technology LLC won a major victory Thursday in litigation where it's looking for compensation from a mysterious company that tried to extort it at the Patent Trial and Appeal Board, with a Virginia federal judge ordering that company to disclose its members.

  • December 05, 2024

    Infringing Phone Mounts Permanently Blocked In Patent Case

    A Washington federal judge agreed on Thursday to block a maker of electronic device mounts from selling certain products that have infringed a patent owned by a rival.

  • December 05, 2024

    Face-Swapping App Can't Ax Reality TV Star's Suit At 9th Circ.

    The Ninth Circuit on Thursday refused to toss a reality TV star's proposed class action accusing a face-swapping app of misusing his likeness, finding his statutory right-of-publicity claim isn't preempted by the federal Copyright Act since the claim involves his likeness and "not a work of authorship."

  • December 05, 2024

    NCAA's NIL Settlement 'Illegal' In Many States, Lawmakers Say

    The National Collegiate Athletic Association's $2.78 billion settlement with athletes over name, image and likeness compensation, now awaiting final court approval, would be "illegal" in several states because of their current NIL laws, a group of current and former lawmakers said Thursday.

Expert Analysis

  • IP Ruling Likely To Limit Arguments Against Qualified Experts

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    The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.

  • Dissecting The Obviousness-Type Double Patenting Debate

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    The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Trump Patent Policy May Be Headed In Unexpected Direction

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    While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.

  • Best Practices For Influencer Trademark Protection

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    Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights

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    A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • How AstraZeneca Ruling Could Change Dosage Patent Claims

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    If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

  • Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts

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    Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.

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