Intellectual Property

  • November 08, 2024

    Disney Hit With Suit Over Streaming Media Patents

    The Walt Disney Co. and subsidiaries like Hulu and ESPN have been hit with a federal lawsuit claiming that the entertainment giant's various streaming services infringe a series of media patents owned by Adeia Technologies Inc.

  • November 08, 2024

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

    This past week in London has seen collapsed German airline Air Berlin take action against its former auditor KPMG, the associate editor at The Spectator hit with a libel claim by a mosque over the far-right riots that took place in August and British licensing authority the Performing Right Society sue Parklife Manchester and four other festival organizers. Here, Law360 looks at these and other new claims in the U.K.

  • November 07, 2024

    Oakland Airport Name Has Travelers Flying In Circles, SF Says

    Attorneys for San Francisco urged a California federal judge Thursday to block Oakland from renaming its airport the "San Francisco Bay Oakland International Airport," saying travelers are mistakenly showing up to San Francisco International Airport instead of Oakland's hub because the new name is "dangerously and confusingly similar."

  • November 07, 2024

    OpenAI Beats Copyright Suit By 2 News Websites, For Now

    OpenAI preliminarily escaped one of the many copyright suits it's facing from journalism publishers on Thursday, as a New York federal judge found that two alternative news websites didn't sufficiently allege harm from the removal of author information in ChatGPT training sets.

  • November 07, 2024

    Teva Fails To Convince Judge Inhaler Patents Require Drug

    Five patents for an inhaler made by Teva Pharmaceuticals Industries Ltd. don't require an active drug's presence in the device, a New Jersey federal judge has ruled, agreeing with Amneal Pharmaceuticals Inc.'s interpretation of claim language in the brand-name drugmaker's infringement suit against Amneal, a generic pharmaceutical firm.

  • November 07, 2024

    Nike Nabs Injunction In Air Jordan Knockoff Suit But Not $4M

    A New Jersey federal judge on Thursday barred a small clothing company and its founder from selling knockoffs of Nike's iconic Air Jordan 1 High sneakers but declined to grant Nike $4 million in statutory damages, saying Nike hadn't yet given him enough information to assess the damages.

  • November 07, 2024

    Masimo Spinoff's Ex-CTO Denies Giving Apple Trade Secrets

    Cercacor Laboratories' former chief technology officer testified Thursday that he privately emailed Apple CEO Tim Cook offering to help the tech giant become a top health and wellness device brand, but denied accusations that he gave Apple any of the Masimo spinoff's pulse oximetry trade secrets.

  • November 07, 2024

    Santa May Come Early For Mariah Carey In 'Christmas' IP Suit

    A California federal judge said Thursday that she is "inclined" to grant Mariah Carey and others a victory in a copyright infringement suit over her song "All I Want For Christmas Is You" and sanction the plaintiffs after the pop singer's side alleged they made legally frivolous arguments.

  • November 07, 2024

    Litigation Funders Look For Attorneys They Can Trust

    Litigation funders often see the attorneys they would be working with as the most important element of whether to invest in a case, several members of the industry said on a panel at the University of Texas School of Law's Advanced Patent Law Institute.

  • November 07, 2024

    How Penn State Trial Against Retailer Could Upend TM Law

    The Pennsylvania State University and an online retailer of goods bearing retro logos and images of schools and sports teams are set to clash in a trademark trial next week that could upend how courts examine infringement claims.

  • November 07, 2024

    ITC Finds Innoscience Infringed Semiconductor Patent

    The U.S. International Trade Commission has backed a finding that Innoscience flouted federal law by importing semiconductor technology that infringes an Efficient Power Conversion Corp. patent.

  • November 07, 2024

    Fed. Circ. Questions Expert's Background In 4G Patent Case

    A Federal Circuit judge suggested Thursday that the court might vacate a Patent Trial and Appeal Board decision partly invalidating a Sisvel 4G wireless patent challenged by Honeywell and others, saying the board relied on an expert who may not have the necessary qualifications.

  • November 07, 2024

    ITC Finds Dell, ASUSTeK, Acer Imports Don't Infringe Patent

    The U.S. International Trade Commission has found that various computer hardware companies, including Dell, never infringed claims in an X1 Discovery Inc. patent related to indexed searching by importing consumer products with certain Microsoft software.

  • November 07, 2024

    Teva Can't End Inhaler Antitrust Suit But Gets Claim Nixed

    A Massachusetts federal court refused Teva Pharmaceutical Industries Ltd.'s attempt to end a case accusing it of orchestrating a decade-long scheme to delay generic competition for its QVAR asthma inhalers, but cut allegations that Teva paid Amneal Pharmaceuticals Inc. not to launch its version.

  • November 07, 2024

    Pantech Wants $1M Verdict Tripled In OnePlus Patent Case

    Pantech Corp. wants its almost $1 million damages win tripled against Chinese phone company OnePlus Technology Shenzhen Co. Ltd. in a patent suit over technology used to comply with 5G wireless standards, while OnePlus said it shouldn't have to pony up any damages.

  • November 07, 2024

    NC State '83 Team Fights 'Absurd' NCAA Bid To Toss NIL Suit

    The NCAA's ongoing use of the 1983 North Carolina State University basketball team's championship highlights in promotions and marketing negates its claim that any allegations of name, image and likeness misuse are past the statute of limitations, the team's players told a North Carolina state court Wednesday.

  • November 07, 2024

    Dell, Lattice Semiconductor Attys Work Through AI Risks

    A Dell in-house attorney picked up errors artificial intelligence made in his daughter's math homework, while a Lattice Semiconductor attorney was surprised that a rough translation AI provided was actually accurate, leading them to encourage a room of patent attorneys on Thursday to be cautious.

  • November 07, 2024

    Cardi B, GloRilla, Soulja Boy, UMG Hit With Music Theft Suit

    Rappers Cardi B, Megan Thee Stallion, GloRilla and Soulja Boy are named along with Universal Music Group and other music labels in a copyright infringement suit filed Wednesday in California federal court alleging Soulja Boy ripped off another rapper's song and permitted fellow rappers to sample that allegedly infringing work.

  • November 07, 2024

    Silicon Carbide Biz Says Researchers Swiped Trade Secrets

    Silicon carbide technology company Wolfspeed Inc. is going after two former higher-ups in its research and development department for allegedly taking trade secrets to a rival, according to a newly filed state Business Court complaint.

  • November 07, 2024

    Ross Fights Thomson Reuters Bid To Toss Fair Use Defense

    Ross Intelligence pushed back on Thomson Reuters's renewed bid to block it from claiming fair use in a suit alleging that Ross ripped off the Westlaw research platform for its artificial intelligence product, saying in a filing unsealed Wednesday that the output of its tool "did not contain or depend on" any copyright materials claimed by Thomson Reuters, the owner of Westlaw.

  • November 06, 2024

    Fed. Circ. Mulls Whether Billable Hour Tech Can Be Patented

    The Federal Circuit is set to decide whether a LexisNexis program that helps attorneys track their billable hours is stepping on another company's intellectual property or if that company is simply trying to patent the noninventive concept of keeping time using a computer.

  • November 06, 2024

    Masimo Expert Cites LED And Foam As Evidence Apple Stole IP

    Apple misappropriated Masimo's pulse oximetry trade secrets and used them to improve its Apple Watch, a Masimo expert witness testified in California federal court Wednesday, pointing to Apple's use of a short circuit LED and a black foam test.

  • November 06, 2024

    Nike False Ad Claims In StockX TM Fight Must Go, Judge Told

    Online resale marketplace StockX has asked a New York federal judge to end Nike's counterfeiting and false advertising claims, saying that StockX has actually prevented the sale of millions of suspected counterfeits and that "Nike strains credulity when it claims StockX is a willful counterfeiter."

  • November 06, 2024

    Judges Warn Attys Not To Waste Jurors' Time In Patent Trials

    Attorneys need to remember that jurors may have to make significant financial sacrifices during trials and respect that while litigating, a Delaware federal judge said Wednesday as part of a discussion that also featured tips on claim construction and jury instructions.

  • November 06, 2024

    Sanctioned Supplier, Abbott Strike Deal Over TM Judgment

    Abbott Laboratories has resolved a dispute with a diabetes test-strip wholesaler that was ordered to pay Abbott $33.4 million after committing discovery misconduct, with the parties saying they've agreed to a settlement after a federal appeals court upheld Abbott's default win in September. 

Expert Analysis

  • Patent Lessons From 4 Federal Circuit Reversals In September

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Opinion

    Bring Back Patent Models To Shut Down The Patent Trolls

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    By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

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