Try our Advanced Search for more refined results
Intellectual Property
-
August 05, 2024
Full Fed. Circ. Won't Eye Ruling Clarifying Foreign Damages
The full Federal Circuit declined Monday to review a decision that clarified how to apply a 2018 U.S. Supreme Court ruling on foreign damages in patent cases while rejecting Trading Technologies' bid to increase a $6.6 million verdict it won against IBG LLC.
-
August 05, 2024
Music, Movie Orgs. Address Deepfake Proposals
Representatives from the music, movie and video game industries were among the speakers Monday at a U.S. Patent and Trademark Office roundtable regarding what legislation may be needed to address the explosion of deepfakes created with the growing power of artificial intelligence.
-
August 05, 2024
Google, OpenAI Accused Of Using YouTube Videos To Train AI
A California man has hit Google and OpenAI with separate proposed class actions in federal court accusing the companies of unlawfully transcribing YouTube videos and using them to train their large language model artificial intelligence products without the permission of the people who uploaded those videos.
-
August 05, 2024
Pegasystems Slams Appian's 'Animus' After $2B Verdict Axed
Business software maker Pegasystems says rival Appian's "animus" is behind a series of what it says are irrelevant, premature and burdensome discovery requests, after a Virginia appeals court vacated a $2 billion trade secrets judgment against Pegasystems.
-
August 05, 2024
J&J, Generics Spar In Remand On Schizophrenia Drug Patent
Following a Federal Circuit ruling that gave generics makers Teva and Viatris a new shot at trying to invalidate the last remaining patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna, the parties are sparring over the impact of the appeals court's decision.
-
August 05, 2024
Mattel Beats $46M Contract Suit Over Reality Show Idea
A California jury has entered a verdict for Mattel Inc. in a $46 million contract suit brought against it by the company of "Lone Survivor" producer Norton Herrick alleging that the toy-maker stole its idea for a reality show in which inventors pitch toys to child judges, concluding there was no contract breach.
-
August 05, 2024
Musk Accuses OpenAI Of Fraud, RICO Over Business Model
Elon Musk on Monday accused OpenAI Inc. and its leaders of violating several laws related to fraud, conspiracy, contract violations and false advertising by claiming he was wrongly told the company would remain a nonprofit, in a suit filed in California federal court.
-
August 05, 2024
Kirkland & Ellis Adds Ex-Prosecutor As IP Partner In Calif.
Kirkland & Ellis LLP has bolstered its intellectual property litigation capabilities in its Bay Area office with the addition of a seasoned senior federal prosecutor, who has experience with high-profile cases like that of the attempted kidnapping of then-Speaker of the U.S. House of Representatives Nancy Pelosi and the attack on her husband.
-
August 02, 2024
Judge Knocks Stuffing Out Of Build-A-Bear's Missouri IP Suit
A Missouri federal judge on Friday tossed Build-A-Bear Workshop's lawsuit seeking a declaration that its new Skoosherz stuffed toy line doesn't infringe trade dress rights claimed by Kelly Toys' popular Squishmallows, finding that the Missouri court doesn't have jurisdiction over the IP dispute, which is also being litigated in California.
-
August 02, 2024
Boeing Wins Trim Of Rival Engineering Co.'s IP Case, For Now
A Washington federal judge has significantly trimmed an aerospace engineering firm's suit accusing Boeing of stealing patented technology, agreeing with Boeing that many of the claims are inadequate to proceed at this stage, but giving the firm the opportunity to amend them.
-
August 02, 2024
Ex-Exec Can't Escape Drug Co.'s Trade Secret Suit
The North Carolina Business Court refused to give a win before trial to the former president of a United Therapeutics Corp. subsidiary on a claim that he took trade secrets to a rival, with the court reasoning the drug company took reasonable steps to protect the secrets beyond a three-year limit in his employment agreement.
-
August 02, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
In this inaugural edition of Wheeling & Appealing, Law360 recaps recent appellate opinions that made waves, quizzes readers about a new word for judicial grievances, and previews August arguments in circuit courts over controversial wage rules and a seven-figure attorney fee award after a digital age intellectual property trial.
-
August 02, 2024
Shopify Fights Off Infringement Suit Over Retail Patents
A Los Angeles federal judge has ruled that the CEO of a failed digital media startup can't sue using patents he landed a few years ago to cover ideas he says Shopify took from him years earlier because the patents aren't inventive enough.
-
August 02, 2024
Microphone Co. Eyes Sanctions After Scoring Win In IP Row
A maker of microphone isolation products that won a trade dress infringement lawsuit at trial has asked a California federal court to order a rival and its counsel to pay its attorney fees because of a "repeated pattern of vexatious litigation in the face of overwhelming and contrary law."
-
August 02, 2024
Bike Co. Says It's Lost 'Millions' From Royalty Deal Breaches
A Colorado bicycle company has sued machinery manufacturer Gates Corp. in Denver District Court for allegedly breaking promises under a joint licensing and distribution deal, claiming Gates may be trying to dodge millions of dollars in royalty payments by encouraging rival bicycle makers to use the Colorado company's invention for free.
-
August 02, 2024
PNC Wants Court, Not Jury, To Hear Fintech Co. TM Defenses
PNC Financial Services Group wants a Pennsylvania federal judge, not a jury, to decide whether the bank did nothing with knowledge that Plaid Inc. was copying its logo and login screens when linking bank accounts to financial apps, PNC said in a court filing.
-
August 02, 2024
Justices Urged To Hear Standing Issue For Patent Licensors
The U.S. Supreme Court has been asked to give its take on whether the terms of a decade-old loan can be used to create issues over legal standing and exclusionary rights in a lawsuit tied to radio frequency developed in the mid-2000s.
-
August 02, 2024
US Cheerleading Org. Faces Fees Bid After Losing TM Suit
Bush Ross PA and the Underwood Law Firm PC are seeking more than $800,000 in attorney fees after a Florida federal judge handed their clients a summary judgment win in a trademark infringement lawsuit brought by the U.S. All Star Federation against its rivals, saying they deserve to be reimbursed for costs related to the case because it was "exceptional."
-
August 02, 2024
Akin Debuts AI Law & Regulation Info Tracker
Global BigLaw firm Akin Gump Strauss Hauer & Feld LLP launched a tracker to help monitor changing policies related to artificial intelligence in various fields including intellectual property, data privacy, health and national security.
-
August 02, 2024
PTAB Told To Punish Mylan For Allegedly Breaking Fintiv Vow
Novo Nordisk is urging the Patent Trial and Appeal Board to sanction Mylan for pursuing claims to invalidate a patent covering the blockbuster diabetes and weight loss drug Ozempic in Delaware district court, despite an explicit promise not to do so.
-
August 02, 2024
DC Circ. Rejects Speech Rights Challenge To DMCA
A D.C. Circuit panel on Friday knocked down a challenge to a provision of the Digital Millennium Copyright Act that bars circumventing digital locks on copyrighted material, ruling that the law is in line with the First Amendment.
-
August 02, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen insurance broker Marsh sue the collapsed Greensill Bank, the former chair of the Islamic Students Association of Britain pursue a defamation case against the Jewish Chronicle, Berkshire Hathaway and Lloyd's face action from a shipping company, and alleged fraudster Ronald Bauer hit a loan company with a claim. Here, Law360 looks at these and other new claims in the U.K.
-
August 01, 2024
11th Circ. Affirms Zurich Needn't Pay Judgment Against Agent
In a pair of opinions issued Thursday, the Eleventh Circuit revived a copyright claim by Compulife but rejected the software company's bid to force Zurich American Insurance Co. to pay for a judgment against an insurance agent who allegedly helped three others misappropriate the company's trade secrets.
-
August 01, 2024
Amazon Scores Default Win Against Counterfeit Sellers
Amazon secured a default judgment Thursday in Washington federal court against sellers of counterfeit luxury goods who worked with social media influencers to promote fake Hermes, Chanel and Christian Dior products, after the sellers failed to respond to Amazon's complaint by deadline.
-
August 01, 2024
Ohio Judge Must Add Overhead-Door Patent Owner To IP Suit
An Ohio federal judge must attach Cold Chain LLC to patent infringement litigation its licensee has filed against companies tied to commercial trucking, the Federal Circuit held Thursday.
Expert Analysis
-
Businesses Should Take Their AI Contracts Off Auto-Renew
When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.
-
Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift
A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.
-
Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
-
Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors
Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.
-
ITC Ruling Has Serious IP Implications For Foreign Imports
While a recent U.S. International Trade Commission decision is a win for trade secret owners who can show injury to a U.S. domestic industry, the decision also means that companies operating in foreign jurisdictions will be subject to the requirements of U.S. trade secret law, say Paul Ainsworth and Cristen Corry at Sterne Kessler.
-
What The Justices' Copyright Damages Ruling Didn't Address
While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.
-
Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
-
How Clinical Trials Affect Patentability In US And Europe
A comparison of recent U.S. and European patent decisions — concerning the effect of disclosures in clinical trials on the patentability of products — offers guidance on good practice for companies dealing with public use issues and prior art documents in these commercially important jurisdictions, say lawyers at Finnegan.
-
TTAB Ruling Raises Foreign-Language Mark Questions
The Trademark Trial and Appeal Board's recent decision to cancel the Veuve Olivier registration due to its similarity to Veuve Clicquot brings new focus to the treatment of foreign terms and the doctrine of foreign equivalents, say attorneys at Finnegan.
-
A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
-
Measuring Early Impact Of Rule 702 Changes On Patent Cases
Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.
-
Protecting IP May Be Tricky Without Noncompetes
Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.
-
8 Legal Issues Influencing Investors In The Creator Economy
The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.
-
E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
-
How Copyright Office AI Standards Depart From Precedent
The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.