Intellectual Property

  • August 09, 2024

    VLSI Sues USPTO For Records Related To Intel IP Disputes

    VLSI Technology has sued the U.S. Patent and Trademark Office and the U.S. Department of Commerce in D.C. federal court claiming the agencies have stalled on its public records request for documents relating to ongoing litigation involving Intel Corp. and the invalidation of one of VLSI's microchip patents.

  • August 09, 2024

    Valeant's Legal Gripe A Total 'Nothingburger,' Justices Told

    A lawyer who assembled a whistleblower lawsuit against a major pharmaceutical company using publicly available patent board filings says the larger legal question of whether he can do that is way too niche for the U.S. Supreme Court to bother thinking about.

  • August 09, 2024

    Intel Hit With Copyright Suit Over Expired Anaconda License

    Software company Anaconda Inc., which describes itself as "the operating system for AI," has accused Intel Corp. of copyright infringement, alleging in a complaint in Delaware federal court that Intel has been using Anaconda's technology for its artificial intelligence development platform without paying.

  • August 09, 2024

    Vidal Can't Be Used Against Ex-Client At PTAB, Fed. Circ. Says

    The Federal Circuit said Friday that the initial involvement of U.S. Patent and Trademark Office Director Kathi Vidal in a handful of patent challenges during her private practice days at Winston & Strawn LLP isn't enough to prevent the patent board from ever deciding on those petitions.

  • August 09, 2024

    Akoustis Blames Qorvo's Experts For $38M Trade Secrets Win

    Akoustis Technologies Inc. has asked a Delaware federal court to overturn a May jury verdict against it for stealing trade secrets and the $38.3 million in damages awarded to wireless company Qorvo Inc., arguing that two Qorvo experts "eschewed the well-established and accepted methods" to measure unjust enrichment for misappropriation.

  • August 09, 2024

    Novartis Wants DC Judge To Quickly Block Entresto Generic

    Novartis Pharmaceuticals urged a D.C. federal judge Friday to temporarily restrain the U.S. Food and Drug Administration from officially approving a generic version of the company's blockbuster heart failure medication Entresto.

  • August 09, 2024

    IP Row Over Beyoncé's 'Renaissance' Sample Dropped

    A New Orleans music group has voluntarily dropped its claims accusing Beyoncé, Jay-Z, Sony Music Entertainment and others of infringing the group's copyright in Beyoncé's song "Break My Soul" and her film discussing the world tour of her "Renaissance" album that features the track.

  • August 09, 2024

    Vidal's Sanctions Make It Clear: Don't Mess With The PTAB

    The Patent Trial and Appeal Board has only faced a handful of instances where sanctions took center stage, but the U.S. Patent and Trademark Office director's rulings have made attorneys increasingly aware that pushing ethical boundaries at the board could put their cases and their careers at risk.

  • August 09, 2024

    Mich. Pot Co. Alleges IP Atty, Wife Are Ruining Its Reputation

    Efforts by a Montana intellectual property attorney and his wife to hit back after losing money in an alleged investment scam have missed the mark by targeting a Michigan cannabis company that was also ripped off, the company claimed Wednesday.

  • August 09, 2024

    Rolling Stones Copyright Suit Can't Get No Jurisdiction

    The Fifth Circuit backed up a Louisiana federal court's decision to throw out a Spanish artist's copyright suit accusing the Rolling Stones of ripping off key elements of two of his songs, ruling that the artist failed to show why the Pelican State had jurisdiction over the matter.

  • August 09, 2024

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

    This past week in London has seen China Evergrande Group file a commercial fraud claim against its founder's ex-wife, legal action by Manolete Partners against the directors of an insolvent construction company, VietJet tackle a claim by French banking group Natixis and more developments in the "Dieselgate" scandal. Here, Law360 looks at these and other new claims in the U.K.

  • August 09, 2024

    Ex-Boston U Law Instructor Sues Over Course Materials

    A former Boston University Law School instructor has sued the university, accusing it of copyright infringement through use of course materials he developed, in violation of a prior settlement agreement.

  • August 08, 2024

    ​​​​​​​UMG Hit With Copyright Suit Over Pitbull Song 'I Feel Good'

    Rapper Pitbull's 2021 hit "I Feel Good" ripped off the melody, tempo and arrangement used in another composition made over a decade ago, a New York company alleges in a copyright infringement suit filed in New York federal court Thursday against Universal Music Group and Pitbull's label imprint.

  • August 08, 2024

    ITC Rips Google's Bid To Wield Chevron's End In Sonos Row

    The U.S. International Trade Commission on Thursday joined Sonos in urging the Federal Circuit to reject Google's argument that the end of so-called Chevron deference means the appellate court should review precedent on the ITC's patent powers, calling the dispute a "poor vehicle" for such a review.

  • August 08, 2024

    2nd Circ. Says Fla. Biz Should Have Been More Diligent Earlier

    A small Florida chain of souvenir stores had no luck Thursday at the Second Circuit trying to revive allegations that owners of a bankrupt beachwear company concealed the ownership of trademark registrations in a since-settled, decade-old lawsuit, because the chain "should have uncovered the alleged fraud" the first time.

  • August 08, 2024

    Testimony of 3 Experts Limited In PNC's TM Suit Against Plaid

    A Pennsylvania federal judge has approved several suggested expert witnesses but limited the testimony of others in PNC Financial Services Group's trademark infringement lawsuit against Plaid Inc. claiming the company copied its logo and login screens when linking bank accounts to financial apps.

  • August 08, 2024

    Valve Says 'Enough Is Enough,' Seeks Patent Suit Sanctions

    Video game maker and online game store operator Valve Corp. urged a Texas federal judge to punish a Texas company that Valve called a "patent troll" in its sanctions motion for allegedly re-arguing "frivolous" legal theories and purposely taking its barcode patent infringement suit to an allegedly improper venue.

  • August 08, 2024

    Pot Cos. Get Creative To Boost Brands Despite Feds' TM Ban

    The marijuana industry still lives in the shadows of trademark law while the drug remains federally illegal, leaving businesses and their lawyers to seek workarounds to protect their brands.

  • August 08, 2024

    Apple Wins Bid For 2 Trials In IP Dispute With Masimo

    A California federal judge will hold separate trials on Masimo Corp.'s trade secrets and patent claims over the Apple Watch, siding with Apple Inc. and rejecting Masimo's request for one later trial on all the issues, in a case with potentially billions of dollars at stake.

  • August 08, 2024

    TikTok Says Chinese Co. Doesn't Own IP In Trade Secrets Spat

    TikTok Inc. has filed 18 affirmative defenses in California federal court in a copyright and trade secrets complaint it faces from a Chinese company that claims the popular social media platform ripped off proprietary information, saying among other things that Beijing Meishe Network Technology Co. Ltd. does not own some or all of the alleged copyrighted works and trade secrets.

  • August 08, 2024

    General Motors Fender Patent Won't Be Challenged, After All

    General Motors Co. says that it has come to a deal with a Chicago auto parts supplier who went all the way to the full Federal Circuit — and changed design patent jurisprudence — in a now-abandoned challenge to a patent covering the design of a front fender.

  • August 08, 2024

    New Car Seat Isn't Yesterday's Model, Judge Says In IP Suit

    An Ohio infant car seat company convinced a Delaware federal court that its newly designed car seats are not the same as the patent-infringing ones that were the subject of a sales ban and a $3.2 million court judgment won by a Taiwanese rival.

  • August 08, 2024

    Insurer Utica Off Hook In High-End Leather Goods Dispute

    Utica National Insurance Group is not obligated to defend or indemnify a maker of high-end leather goods against claims it fraudulently induced a former partner into a deal in order to steal his designs and then attempt to drive him out of business, a Massachusetts intermediate appellate court has concluded.

  • August 08, 2024

    Colo. Trailer Dealership Says Would-Be Buyer Infringed TM

    A Colorado trailer dealership is accusing a competitor that purportedly tried to buy its business of changing its public name to one confusingly similar to the dealership's registered trademark after the acquisition offer was rejected for being "much less than plaintiff's business was worth."

  • August 08, 2024

    Sporting Good Cos. Fight Over Helmet Tech In Patent Suit

    A company suing football helmet manufacturer Certor for patent infringement took aim Wednesday at its rival's interpretations of the disputed patent, accusing it of trying to sidestep the court's earlier construction of a term with "no change in the law, no new facts to consider, nothing."

Expert Analysis

  • Lessons In High-Profile Jury Selection Amid NY Trump Trial

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    Richard Gabriel and Michelle Rey LaRocca at Decision Analysis consider how media exposure can affect a prospective juror in a high-profile case, the misunderstood nature of bias, and recommendations for jury selection in these unique situations as the Trump hush money trial continues in New York.

  • How AI Cos. Can Cope With Shifting Copyright Landscape

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    In the evolving landscape of artificial intelligence, recent legal disputes have focused on the utilization of copyrighted material to train algorithms, meaning companies should be aware of fair use implications and possible licensing solutions for AI users, say Michael Hobbs and Justin Tilghman at Troutman Pepper.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Tips For Keeping Trade Secrets In The Vault

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    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

  • Reducing Patent Litigation Costs Starts With Early Strategy

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    With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

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