Try our Advanced Search for more refined results
Intellectual Property
-
December 20, 2024
Top North Carolina Cases Of 2024: Bias, Fraud And False Ads
North Carolina saw a host of heavy-hitting civil trials in 2024, from back-to-back multimillion-dollar jury verdicts in suits over false advertising and employment discrimination, to a substantial bench ruling in a much-watched bias suit against the federal judiciary.
-
December 20, 2024
Skyscanner Blasts French Rival Over 'Flyscanner' TM
Scottish company Skyscanner has accused a French rival of using similar trademarks in a move to mislead internet users and draw traffic to its own, less reputable, search engine for cheap flights.
-
December 20, 2024
Watershed NCAA, UFC Settlements Highlight 2024's 2nd Half
The second half of 2024 saw the sunset of several yearslong lawsuits that will significantly impact the world of sports, including the settlement of the NCAA's name, image and likeness antitrust litigation and the closing of the UFC's legal battle with current and former fighters. Here, Law360 explores the top sports and betting moments from the second half of 2024.
-
December 19, 2024
Fed. Circ. Seeks Denial Of Newman Bid To Unseal Documents
The Federal Circuit judges asked the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying they are of "questionable relevance" and will be released soon anyway.
-
December 19, 2024
Music Publishers Will Likely See AI Copyright Case Cut Back
A California federal judge said Thursday she was inclined to toss a portion of a copyright suit from music publishers claiming their song lyrics were ripped off to train artificial intelligence company Anthropic's chatbot, saying some allegations were "so general" while adding that she'd give leave to amend.
-
December 19, 2024
Foley Adds Tech, Life Sciences Partner From IP Boutique
Foley & Lardner LLP has hired a longtime partner from intellectual property boutique Lerner David LLP to strengthen both the transactional and litigation arms of its technology and life science practices in New York.
-
December 19, 2024
Judge Wrongly Axed $107M IP Verdict, Pfizer Tells Fed. Circ.
A Pfizer unit has told the Federal Circuit that a federal judge got it wrong when he overturned a Delaware jury verdict that AstraZeneca owes $107.5 million for infringing two cancer drug patents.
-
December 19, 2024
Teradata Antitrust, IP Suit Revived Against German Co.
A Ninth Circuit panel on Thursday revived data analytics company Teradata Corp.'s antitrust and trade secret suit against German software company SAP, saying a lower court rejected the case despite there being factual disputes over key issues concerning market effects and confidential information.
-
December 19, 2024
VLSI Says PQA's Disclosure Fears Are Its Own Fault
VLSI Technology LLC urged a Virginia federal judge Thursday to make Patent Quality Assurance LLC's ownership disclosure public, saying the company actively chose to remove the litigation to a forum where it knew those disclosures were required.
-
December 19, 2024
Fed. Circ. OKs $95M Altria Vape Patent Win Against Reynolds
The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.
-
December 19, 2024
E.l.f. Mascara Doesn't Confuse Consumers, Judge Rules
A San Francisco federal judge has said showing that the e.l.f. cosmetics brand had an "intent to create a dupe" of a mascara tube made by its Louis Vuitton-owned rival is not enough to prove that it actually "dupes any consumers."
-
December 19, 2024
2nd Circ. Affirms PepsiCo Win In TM Fight Over Energy Drink
The Second Circuit on Thursday affirmed a lower court's dismissal of a trademark suit against PepsiCo, saying in a summary order that the beverage company's "Mtn Dew Rise Energy" did not infringe the mark of nitro-brewed canned coffee drinks called "Rise."
-
December 19, 2024
Arm-Qualcomm Trademark, Breach Suit Goes To Jury In Del.
Jurors headed to deliberations late Thursday after nearly four days of trial in Delaware federal court on Softbank Group subsidiary Arm Ltd.'s claims that Qualcomm Inc. and Nuvia Inc. breached a protective contract for microprocessor core technology licensing agreements.
-
December 19, 2024
$18M TransUnion Loss 'Riddled With Defects,' 6th Circ. Says
The Sixth Circuit said Wednesday that a jury's $18.3 million award in a dustup over intellectual property related to an online insurance quote marketplace was based on damages evidence that was sorely lacking, affirming that TransUnion is off the hook.
-
December 19, 2024
$1.2B Sought From Phillips 66 After $605M Trade Secrets Win
A retailer of low-carbon fuels has asked a California state court to add $1.2 billion to a $604.9 million trade secrets verdict against Phillips 66, arguing that the jury's conclusion that Phillips 66's misappropriation of confidential information was willful and malicious merits exemplary damages.
-
December 19, 2024
Labcorp Settles Competition Suit Against Ex-Sales Exec
Less than two weeks after Laboratory Corp. of America Holdings sued its former sales marketing executive and his new employer in North Carolina federal court for allegedly violating noncompete and nonsolicitation agreements, a deal has been reached to end the lawsuit.
-
December 19, 2024
Patent Office, NASA To Work On Tech Transfer Project
Federal patent officials plan to work with experts at NASA to bring more of the agency's innovation to the commercial marketplace, which will include collaborating on a study on best practices, the U.S. Patent and Trademark Office has announced.
-
December 19, 2024
The Top Patent Damages Awards Of 2024
The largest patent damages verdicts of 2024 all amounted to nine figures, largely in line with recent years, with the largest award of $847 million being set aside by a judge weeks after the verdict, reflecting the scrutiny given to sizable damages, attorneys say.
-
December 19, 2024
Fresenius Loses Invalidity Argument In Nausea Drug IP Fight
Fresenius Kabi USA LLC has lost its arguments in Delaware federal court that claims in a pair of Heron Therapeutics patents for a nausea drug were invalid, keeping Fresenius' generic from entering the market for around a decade.
-
December 18, 2024
Sens. Hear Split Views On Bill To Boost Patent Injunctions
A bill that would make it easier to obtain patent injunctions got a divided reaction at a Senate hearing Wednesday, with the sponsor and some speakers saying it would benefit patent owners and critics calling it an unnecessary change that only aids patent assertion entities.
-
December 18, 2024
Charles Schwab Says Ex-Employee Stole Client Info
Charles Schwab has filed a suit in Texas federal court accusing a former employee of misappropriating confidential trade secrets and client information to solicit business once he joined a competitor.
-
December 18, 2024
ITC Nominees Pressed On Tariffs And China
A U.S. Senate panel on Wednesday pressed two Biden administration appointees to the U.S. International Trade Commission on tariffs, China and how they plan on accessing "public interest" in patent investigations.
-
December 18, 2024
ITC Judge Hands Win To Ericsson In 5G Patent Fight
An administrative judge at the U.S. International Trade Commission has decided that mobile phones sold by Motorola infringe patents owned by Swedish telecom giant Ericsson.
-
December 18, 2024
High Court Bar's Future: McDermott's Paul Hughes
Paul W. Hughes of McDermott Will & Emery LLP knows U.S. Supreme Court oral arguments are unpredictable — you can end up as the butt of a justice's joke or have the whole bench fully embrace your novel legal theory — so he focuses on what he can control: being overprepared for any version of the court he meets.
-
December 18, 2024
Patent Limits For Biosimilar Litigation Lands In Spending Bill
Congress' spending package to keep the government open through March would also limit how many patents a biologics maker can assert when trying to prevent a competitor from getting on the market.
Expert Analysis
-
How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
-
Bankruptcy Decision Exemplifies Venue Issue For Franchisees
A California bankruptcy court's decision earlier this month in Pinnacle Foods and a lingering circuit split on assumption of executory franchise contracts highlights the issue of whether franchisee debtors can qualify for case venue in friendlier circuits, says David Gamble at Parkins Rubio.
-
Key Healthcare Issues That Hinge On The Election Outcome
The 2024 presidential race, while not heavily dominated by healthcare issues compared to past elections, holds significant implications for the direction of healthcare policy in a potential Harris or Trump administration, encompassing issues ranging from Medicare to artificial intelligence, says Miranda Franco at Holland & Knight.
-
Patent Lessons From 4 Federal Circuit Reversals In September
Cases that were reversed or vacated by the Federal Circuit last month provide helpful clarity on collateral estoppel, patent eligibility, construction of claim terms that have different boundaries across different claims, and the role of courts as neutral arbiter, say attorneys at Bunsow De Mory.
-
Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
-
Trademark Food For Thought When Rebranding
Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.
-
Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
-
The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
-
Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
-
How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
-
7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
-
Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
-
Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
-
The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
-
Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.