Intellectual Property

  • October 15, 2024

    NYT Says Perplexity Violating IP Law, AI Firm Claims Fair Use

    The New York Times has hit Perplexity AI Inc. with a cease-and-desist letter claiming that the artificial intelligence startup is unlawfully using its copyrighted news content, while Perplexity contends that its AI search engine is lawfully indexing web pages and surfacing facts as citations.

  • October 15, 2024

    Patent Co. Drops IP Suits To Go After Carriers In Antitrust Cases

    Patent-holding company VoIP-Pal.com announced Monday that it will refocus its legal efforts on antitrust litigation targeting the big three telecommunications carriers, days after dropping recently filed patent suits against Verizon and T-Mobile.

  • October 15, 2024

    Judge Backs Exelixis Cancer Drug Patent Claims

    A Delaware federal judge on Tuesday rejected invalidity arguments against three Exelixis patents that MSN Laboratories Private Ltd. said it would be infringing with a proposed generic of blockbuster drug Cabometyx, while also finding that a fourth patent wasn't invalid nor was it infringed.

  • October 15, 2024

    Fed. Circ. Votes No On Reviving Ballot Machine Patent

    The Federal Circuit on Monday shut down an effort to revive language in a patent covering a "ballot marking device" for disabled voters that had been asserted against vote-counting business Smartmatic USA Corp.

  • October 15, 2024

    OpenAI Says It Will Only Use Its Patents 'Defensively'

    Artificial intelligence firm OpenAI has announced a new pledge to only use its patents for defensive reasons, provided others do not threaten it or assert claims against it first, echoing a similar position taken by electric-vehicle maker Tesla.

  • October 15, 2024

    GSK Says Moderna's COVID, RSV Vax Infringe MRNA Patents

    Moderna's breakthrough COVID-19 vaccine and a related respiratory syncytial virus, or RSV, vaccine were built on mRNA technology discovered by researchers whose patents are owned by GlaxoSmithKline, the latter company alleged in a pair of Delaware lawsuits.

  • October 15, 2024

    Lenovo, InterDigital Settle Patent And Antitrust Suits

    A Delaware federal judge on Tuesday dismissed long-running antitrust and patent claims between Lenovo and InterDigital on Tuesday, after InterDigital announced the companies would drop their allegations in accordance with the terms of a patent licensing deal and a binding arbitration agreement.

  • October 15, 2024

    Novartis To Appeal Ruling In Entresto Generic Drug Fight

    Swiss drugmaker Novartis said Tuesday that it plans to appeal a ruling from over the weekend that scuttled its suit over the U.S. Food and Drug Administration's approval of a generic version of Entresto, the drugmaker's blockbuster heart failure medication.

  • October 15, 2024

    SD Calls Foul On NCAA For Moving NIL Suit From State Court

    The state of South Dakota and its flagship universities on Tuesday asked that their suit challenging the NCAA's $2.78 billion settlement over name, image and likeness compensation be moved back to state court, claiming the NCAA "does not come within a country mile" of proving that it should have been removed to federal court.

  • October 15, 2024

    Google Became Search Giant On Stolen IP, Suit Says

    Internet search engine company LookSmart sued Google LLC on Monday for patent infringement, claiming that the tech giant "clearly knew" it was using LookSmart's technology for ranking and searching documents without authority or license, all the while generating "over $150 billion in search-related revenue."

  • October 15, 2024

    Google Seeks To Pause Play Store Injunction Amid Appeal

    Google has urged a California federal judge to issue an immediate stay in its antitrust battle with Epic Games Inc. that would pause a three-year injunction requiring Google to open up its Play Store to competing app stores pending the outcome of its Ninth Circuit appeal.

  • October 15, 2024

    Amazon Prevails In Patent Trial Over Wi-Fi System

    A federal jury has found that Amazon didn't infringe certain claims in a trio of wireless network patents, clearing it of allegations relating to some of the e-commerce giant's Wi-Fi enabled devices.

  • October 15, 2024

    Qorvo Follows $39M Jury Win With Trade Secrets Purge Order

    A federal judge said wireless company Qorvo Inc. is entitled to permanent injunctions blocking Akoustis Technologies Inc. from infringing two acoustic wave resonator patents and another order requiring the "purging" of all misappropriated trade secrets from Akoustis' systems on top of a $39 million verdict in favor of the business.

  • October 15, 2024

    Baker Botts IP Leader In Calif. Jumps To Morgan Lewis

    Morgan Lewis & Bockius LLP has grown its intellectual property team in California with the addition of the chair of Baker Botts LLP's IP department in the state.

  • October 15, 2024

    Law Firms Diverge As Anti-ESG Pushback Continues

    A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.

  • October 15, 2024

    The 2024 Law360 Pulse Social Impact Leaders

    Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.

  • October 15, 2024

    Animation Co. Becomes Latest Alice Flop At High Court

    The U.S. Supreme Court on Tuesday said it will not review whether patents covering the ability to animate digital photos were improperly invalidated for not meeting patent eligibility requirements. 

  • October 11, 2024

    Spex Expert Pushed On Differences In Western Digital's Drives

    Western Digital's counsel on Friday challenged a Spex Technologies expert witness on his testimony that Western Digital's drives lift Spex's data encryption patent, showing California federal jurors that the drives in question don't allow for the type of communication contemplated by Spex's invention.

  • October 11, 2024

    Apotex Accused Of Infringing Novo Nordisk Diabetes Drug

    The largest producer of generic drugs in Canada is infringing U.S. patents for Rybelsus, a medication for people with Type 2 diabetes that also is used for weight loss, drugmaker Novo Nordisk Inc. claimed in a federal lawsuit. 

  • October 11, 2024

    PTAB Still Won't Take On Samsung's Patent Challenge

    Samsung has failed yet again to convince judges on an administrative patent board to take a look at their efforts to dislodge patents asserted against the Galaxy Watch In Texas federal court, despite winning a remand earlier from the head of the U.S. Patent and Trademark Office.

  • October 11, 2024

    Apple Watch Patents Dodge Ax As Masimo Jury Trial Nears

    A Delaware federal judge has refused to invalidate Apple Inc.'s smartwatch patents being challenged by health technology company Masimo Corp. ahead of this month's jury trial over whether the tech behemoth infringed Masimo's pulse oximetry technology patents.

  • October 11, 2024

    In New Lawsuit, 50 Cent Alleges Counterfeit Gems

    A Diamond District jeweler who appeared in a popular Adam Sandler movie is being sued in New York federal court for allegedly selling a counterfeit version of a custom cross pendant worn by the rapper 50 Cent.

  • October 11, 2024

    Medytox Loses ITC Fight Over Antiwrinkle Trade Secrets Use

    The U.S. International Trade Commission has backed a finding that medical aesthetic provider Medytox Inc. failed to prove that two other companies wrongly used its antiwrinkle biotechnology to create another product.

  • October 11, 2024

    Fed. Circ. Judge Wary Of 2nd Revival Bid In Facebook IP Case

    A Federal Circuit judge on Friday hinted that the evidence a software company presented in an infringement lawsuit against Meta Platforms Inc. over data storage technology may have been too general to overcome the Facebook parent's summary judgment motion, as the court considered the firm's bid to revive its complaint a second time.

  • October 11, 2024

    NCAA Says SD Suit Over NIL Deal Belongs In Federal Court

    The NCAA has removed to federal court a lawsuit filed by South Dakota's attorney general that argues the organization's proposed $2.78 billion name, image and likeness settlement unlawfully tosses its guiding principle of amateurism.

Expert Analysis

  • Trending At The PTAB: 1 Year Of Denials Of Institution

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    An analysis of Patent Trial and Appeal Board denials of institutions between May 2023 and May of this year highlights the board’s common reasons for denial, which can provide insight to both petitioners and patent owners in future proceedings, say Kevin Rodkey and Victor Palace at Finnegan.

  • Questions Linger About DTSA's Scope After Motorola Ruling

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    The Seventh Circuit’s recent ruling in Motorola v. Hytera, which held that the Defend Trade Secrets Act applies extraterritorially, does not address whether an act that furthers misappropriation must be committed by the defendant in order to satisfy the law's extraterritoriality requirement, say Ilissa Samplin and Grace Hart at Gibson Dunn.

  • Opinion

    Conception Is The Proper Test For AI-Assisted Inventions

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    The U.S. Patent and Trademark Office should adopt the conception standard for reviewing AI-assisted inventions, and require the disclosure of artificial intelligence prompts and responses because they are material to patentability, which would then simplify the patent examiner’s invention decision, says Thomas Hamlin at Robins Kaplan.

  • What High Court TM Rulings Tell Us About Free Speech

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    Recent U.S. Supreme Court rulings show tension between free speech and trademark law, highlighting that while political mockery is protected, established brands may be forced to adapt to evolving cultural values, says William Scott Goldman at Goldman Law Group.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Series

    After Chevron: Uncertainty In Scope Of ITC Oversight

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    The U.S. International Trade Commission's long-standing jurisprudence on some of the most disputed and controversial issues is likely to be reshaped by the Federal Circuit, which is no longer bound by Chevron deference in the wake of the U.S. Supreme Court’s Loper Bright decision, say Kecia Reynolds and Madeleine Moss at Paul Hastings.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • How In-House IP Counsel Can Deal With AI's Rise

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    Generative artificial intelligence is poised to revolutionize intellectual property law, especially for smaller and midsize enterprises, meaning IP in-house counsel need to prioritize AI implementation to navigate the coming changes, says Friedrich Laub at Diasorin.

  • 7th Circ. Motorola Ruling Raises Stakes Of DTSA Litigation

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    The Seventh Circuit’s recent ruling in Motorola v. Hytera gives plaintiffs a powerful tool to recover damages, greatly increasing the incentive to bring Defend Trade Secrets Act claims against defendants with large global sales because those sales could generate large settlements, say attorneys at MoFo.

  • 1 Year At The UPC: Implications For Transatlantic Disputes

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    In its first year, the Unified Patent Court has issued important decisions on procedures like provisional measures, but complexities remain when it comes to coordinating proceedings across jurisdictions like the U.S. due to differences in timelines and discovery practices, say attorneys at McDermott.

  • Patent Ruling Shows A Minor Typo Can Lead To A Major Loss

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    A federal court’s recent ruling in SIPCO v. Jasco, where patent infringement claims were dismissed because of a typo made during prosecution, highlights key moments in the terminal disclaimer application process where double-checking the patent number is especially crucial, say attorneys at Mintz.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Leveling Up IP Protections For Video Game Icons' Film Debuts

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    Video game creators venturing into new realms of entertainment that include their iconic characters, such as television and film adaptations, should take specific steps to strengthen their intellectual property rights, say Joshua Weigensberg and Parmida Enkeshafi at Pryor Cashman.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Opinion

    Proposed Terminal Disclaimers Rule Harms Colleges, Startups

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    Universities and startups are ill-suited to follow the U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers due to their necessity of filing patent applications early prior to contacting outside entities for funds and resources, say attorneys at Sterne Kessler.

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