Intellectual Property

  • January 09, 2025

    Trump Campaign Urges Ga. Court To End Isaac Hayes IP Fight

    President-elect Donald Trump and his campaign have asked a Georgia federal court to toss copyright claims brought by the estate and heirs of soul music singer Isaac Hayes over the alleged unauthorized use of the 1966 song "Hold On, I'm Comin'" at campaign events.

  • January 09, 2025

    Beer Sales Rep Can't Show Lasting Harm From Noncompete

    A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.

  • January 09, 2025

    BakerHostetler Adds 3 Attys In DC, Chicago Offices

    A trio of attorneys have moved to BakerHostetler, two of whom work with immigration-related labor and employment matters in Chicago, and another based in the nation's capital, who focuses on trademark and copyrighted intellectual property matters, the firm announced Wednesday.

  • January 09, 2025

    Rooftop Owner Can't Strike Out Chicago Cubs' Ticket Suit

    A rooftop venue owner accused of selling tickets to Chicago Cubs games and other events without a license cannot ditch the lawsuit and redirect its claims to arbitration because he brought the wrong motion to do so, an Illinois federal judge said Tuesday.

  • January 09, 2025

    Vape Biz Sues Rival For 'Vapestop' TM Infringement

    A vape store has accused a rival distributor of copying its branding to take advantage of its better-cemented reputation in the market and steal potential customers away.

  • January 08, 2025

    Netflix Nixes Another Broadcom Patent Claim Under Alice

    A California federal judge on Wednesday granted Netflix a partial win in a patent infringement suit Broadcom lodged against the streaming giant, finding a claim for one remaining patent in the dispute invalid for being directed to a "familiar concept rooted in history" and lacking any inventive concept.

  • January 08, 2025

    Judge Calls For Trial In Long-Running Suit Against Thryv

    A Texas federal judge should hold that YellowPages.com operator Thryv Inc. can't challenge the final claim of Click-to-Call Technologies LP's patent for making anonymous phone calls but stop short of finding infringement, a magistrate judge recommended in the 12-year-old case.

  • January 08, 2025

    Fed. Circ. Grills USAA On Bid To Revive Patent In $218M Case

    The United Services Automobile Association faced a skeptical Federal Circuit panel Wednesday as it argued that an administrative board's invalidation of claims in its check deposit patent, which is part of a $218 million verdict against PNC Bank, conflicted with a prior decision upholding the patent.

  • January 08, 2025

    Quantitative Trader Accused Of Stealing Firm's Source Code

    New York federal prosecutors have accused a quantitative trader of stealing the secrets of a billion-dollar company's source code from his former employer to use at his own trading firm, according to an indictment unsealed Wednesday in New York federal court.

  • January 08, 2025

    PowerPlan To Pay $24M, Ending Rival's Monopoly Claims

    Roper Technologies subsidiary PowerPlan Inc. has agreed to pay $24 million in a settlement with a rival firm formed by former employees who said the utility software giant tried to lock them out of the market by threatening litigation against them and prospective clients.

  • January 08, 2025

    Shkreli Wants Wu-Tang To Weigh In On Crypto Album Fight

    Martin Shkreli told a Brooklyn federal judge that the writer and producer of the one-of-a-kind Wu-Tang Clan album should weigh in on their rights to the work as the crypto project that purchased the album presses ahead with a suit accusing the pharma bro of keeping copies of the album after he was ordered to give them up.

  • January 08, 2025

    Patent Board Knocks Out Most Of Apple Patent

    Two rulings out of the Patent Trial and Appeal Board have wiped out several claims in a patent Apple is asserting against a medical software company that was initially first to assert patents against Apple over health-related programming in the Apple Watch.

  • January 08, 2025

    Atty Wants Sanctions Mention Axed In NFL Merch Case

    An attorney representing himself in a lawsuit seeking a court order saying he is allowed to sell unlicensed NFL merchandise took exception with a federal judge's suggestion that the league's merchandising arm may want to move for sanctions.

  • January 08, 2025

    USTR Warns Of Risks Posed By Counterfeit Pharmacies

    The Office of the U.S. Trade Representative on Wednesday released its latest list of overseas "notorious markets" selling illicit and counterfeit goods, pointing in particular to a boom in counterfeit online pharmacies selling knock-off medications that pose a risk both to public health and businesses' intellectual property interests.

  • January 08, 2025

    Telligen's TM Suit Against IT Co. Can Move Forward

    A California federal judge is letting a trademark lawsuit from health data company Telligen proceed against information technology company Telligens, ruling that he was not yet convinced that the suit was filed 10 years too late.

  • January 08, 2025

    Samsung, Asus Settle Patent Fight Over 4G, 5G Products

    Samsung and Asus Technology Licensing notified a Texas federal judge Wednesday they've settled their dispute over wireless 5G technology in a case where both sides accused each other of patent infringement in their respective commercial products, with Asus targeting an array of Samsung's Galaxy devices and Samsung attacking Asus' Zenbook laptops. 

  • January 08, 2025

    Meta Slams 'Alarming' AI Discovery Demands In IP Fight

    A proposed class of authors urged a California magistrate judge Wednesday to order Meta to produce certain datasets used to fine-tune its artificial-intelligence product Llama in their high-stakes copyright fight, while Meta's counsel slammed the discovery demands for being belated, speculative and placing an "alarming level of burden" on Meta.

  • January 08, 2025

    Fed. Circ. Backs Microsoft's PTAB Wins In Software Fight

    Microsoft has defeated an appeal from an inventor alleging its Azure cloud computing software infringed his patents, with Federal Circuit judges deciding to side with the tech giant's wins at the patent board.

  • January 08, 2025

    Songwriters File Copyright Lawsuit Over Anitta's 'Funk Rave'

    Two musicians sued Brazilian pop star Anitta and Universal Music Group on Tuesday claiming they infringed the musicians' copyrights by incorporating parts of their song into Anitta's hit song "Funk Rave."

  • January 08, 2025

    Abbott Beats UC Regents' Probiotic Patent Claims

    An Illinois federal judge has found that claims in a pair of patents owned by the University of California related to a baby probiotic were invalid, handing a win to Abbott Laboratories in a suit accusing the company of infringing the patents.

  • January 07, 2025

    Charter Communications Says VP Stole Trade Secrets

    Charter Communications Inc. filed a lawsuit in Connecticut federal court Tuesday against a former executive it claims made off with trade secrets and began working as a senior vice president and chief information officer of a competitor, Metronet.

  • January 07, 2025

    Starbucks' Former IP Head Joins Davis Wright In Seattle

    Batur Oktay, the former leader of Starbucks Corp.'s intellectual property program, has joined Davis Wright Tremaine LLP as a partner in the firm's Seattle office, according to an announcement Tuesday.

  • January 07, 2025

    PTAB Slims Down 2 Samsung Patents In Galaxy Screen Fight

    The patent board has decided to ax a swath of claims in two Samsung patents covering ways of arranging pixels that the Korean tech giant is asserting against a major Chinese rival in the business of selling replacement screens for Galaxy-brand cellphones.

  • January 07, 2025

    Fed. Circ. Clarifies Role Of Corrected IP In Construction PGR

    The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision upholding several claims in a Columbia Insurance Co. construction hanger patent, clarifying that the board's finding only applies to the original version of the claims.

  • January 07, 2025

    Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'

    The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.

Expert Analysis

  • Marching In On Orange Book Drugs May Have Limited Effect

    Author Photo

    Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

    Author Photo

    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Navigating DOJ's Patchwork Whistleblower Regime

    Author Photo

    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

    Author Photo

    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • When Arbitration Is Effective For Employment And IP Cases

    Author Photo

    Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.

  • US Intellectual Property-Based Sanctions Could Be Imminent

    Author Photo

    A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

  • Key Territory-Split Licensing Lessons For Life Sciences Cos.

    Author Photo

    Territory-split deals can allow life sciences companies to maximize products' potential across a range of geographic areas, but these deals also present unique challenges requiring highly bespoke structures that can make or break the value of an asset, say attorneys at Covington.

  • A Look At 2024 NIL Rights And Economies In College Sports

    Author Photo

    Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.

  • Legislation Most Likely To Pass In Lame Duck Session

    Author Photo

    As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.

  • Copyright Questions Surround AI Music Platform Suits

    Author Photo

    If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.

  • Patent Marking Steps After Fed. Circ. Opens Lanham Act Door

    Author Photo

    Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.

  • Litigation Strategies In View Of New Double Patenting Rulings

    Author Photo

    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
    Author Photo

    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

    Author Photo

    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Tracking The Slow Movement Of AI Copyright Cases

    Author Photo

    The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!