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Intellectual Property
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February 28, 2025
Amazon Sellers Don't Infringe Chair Patent, New Suits Say
Two Amazon sellers have sued outdoor furniture maker ShelterLogic Corp. in Washington federal court, claiming the company used the commerce giant's Patent Evaluation Express proceedings to falsely accuse them of selling products that infringe its foldable chair patent.
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February 28, 2025
Software Engineer Faces Prison For Sharing Info With China
A Southern California man has pled guilty to downloading sensitive technology from a former employer and using it to market his own competing business to a company in China, according to a statement from the U.S. Department of Justice.
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February 28, 2025
USPTO Fires Some Probationary Workers, But Not Examiners
The U.S. Patent and Trademark Office has fired "a small number" of employees that were still on probation, but not patent and trademark examiners, the acting patent commissioner announced.
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February 28, 2025
Arnold & Porter Lands 2 IP Partners From King & Spalding
Arnold & Porter Kaye Scholer LLP has added two attorneys from King & Spalding LLP to bolster its intellectual property practice through their extensive backgrounds handling life sciences and technology IP disputes.
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February 28, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the billionaire Zakay brothers, founders of Topland Group, become embroiled in a legal dispute with each other, Unilever sue three major perfume companies over alleged illegal price-fixing, and the publisher of Vogue magazine file an intellectual property suit against Cornucopia Events. Here, Law360 looks at these and other new claims in the U.K.
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February 28, 2025
Trump Admin's NIL Guidance Isn't Law, But Is A Title IX Threat
When President Donald Trump's U.S. Department of Education recently rescinded late Biden-era guidance instructing that upcoming revenue distribution to college athletes should follow Title IX laws protecting equal opportunity for women, legal experts told Law360 it came as little surprise — but also carried very little legitimate legal force.
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February 27, 2025
Meta's Held-Back Docs In AI Suit Merit Discovery, Authors Say
The California federal judge overseeing a proposed class action claiming Meta Platforms Inc. is using copyrighted material to train its large language model product said Thursday he will consider allowing the author plaintiffs more discovery in response to the tech giant's assertion that it had "inadvertently" held back up some 18,000 documents.
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February 27, 2025
Expelliarmus! Warner Bros. Aims Wand At Harry Potter Dupes
Warner Bros. Entertainment Inc. is pursuing a slew of online merchants it says are selling counterfeit "Harry Potter" products on Amazon, Temu, Walmart and other e-commerce platforms, telling an Illinois federal judge Thursday that the unauthorized merchandise deceives consumers and hurts the motion picture company's reputation and wallet.
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February 27, 2025
VW Urges Fed. Circ. Not To Revive 3D Glasses Patent Suit
Volkswagen urged the Federal Circuit on Wednesday to uphold a lower court's dismissal of patent-holding company VDPP LLC's patent suit against it, arguing that VDPP "failed to investigate facts, pressed unreasonable positions, disregarded court orders and rationales, 'lied,' and committed innumerable careless errors."
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February 27, 2025
Liquidia Challenge To UTC's Tyvaso Exclusivity Fails
United Therapeutics Corp. is entitled to exclusivity over its blockbuster lung disease treatment Tyvaso through May, and the U.S. Food and Drug Administration was right to hold off approving a competitor until then, a D.C. federal judge said Thursday.
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February 27, 2025
Lewis Brisbois Foe Urges 5th Circ. To Let TM Feud Go To Jury
The main defendant of a group that was found liable for willfully stealing Lewis Brisbois Bisgaard & Smith LLP's name for its mediation business has told the Fifth Circuit that a Texas federal court committed more than a dozen abuses of discretion and that the trademark dispute should go before a jury.
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February 27, 2025
Food Startup Owes $575K In TM Fight With Jaden Smith's Co.
A disagreement over how food startup Eat Just capitalized on the word "Just" in branding will cost it over half a million dollars after a California federal court decided its conduct went against the company's agreement with the Just Water brand started by celebrity Jaden Smith and his actor dad, Will Smith.
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February 27, 2025
Artist Immediately Knew 'Moana' Was A Ripoff, Jury Hears
An artist testified in California federal court Thursday that he was "shocked" upon taking his stepson to see "Moana" in a movie theater in 2016, saying he was certain the first time he saw the blockbuster film that The Walt Disney Co. had copied his own animated work.
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February 27, 2025
Alsup Halts 'Illegal' Firings Of Probationary Federal Workers
U.S. District Judge William Alsup on Thursday temporarily blocked the mass firings of probationary federal employees ordered by President Donald Trump's administration, determining that the Office of Personnel Management illegally directed government agencies to terminate the probationary employees without authority to do so from Congress.
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February 27, 2025
OpenEvidence Says Rival's Attack Targeted Its AI 'Blueprint'
Medical artificial intelligence company OpenEvidence accused a Canadian competitor of launching cyberattacks on its system, executing dozens of attempts to trick the platform into handing over some of the technology's most valuable code, according to a Massachusetts federal lawsuit.
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February 27, 2025
No Sanctions For Atty As TM's Incontestability Status Axed
The Trademark Trial and Appeal Board has declined to refer Great Concepts LLC or its former attorney for potential discipline for submitting a filing with false information for incontestability of its mark in 2010, saying too much time has passed.
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February 27, 2025
Fed. Circ. Upholds Netflix PTAB Win Over Chip Patent
Netflix persuaded the Federal Circuit to sign off Thursday on another one of the streaming company's wins at the patent board in its fight with a Broadcom subsidiary over chip technology.
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February 27, 2025
Pepperdine's TM Fight Can't Block Netflix's New Show Release
A California federal judge rejected on Wednesday Pepperdine University's bid for a temporary restraining order blocking Netflix and Warner Bros. Entertainment Inc. from releasing their new series "Running Point," finding that the Christian university is unlikely to win its claims alleging the new series rips off Pepperdine's "Waves" athletic team.
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February 27, 2025
Starbucks, Patent Exec Reach Deal In Atty Defamation Case
A patent-licensing company executive and Starbucks Corp. on Thursday settled a defamation suit over statements made by an attorney for Starbucks just days after the plaintiffs fired back on the company's attempt to exit the suit.
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February 27, 2025
Justices Told Bose Ruling Will Deter Patent Settlements
A Bose rival is going to the U.S. Supreme Court after losing a Federal Circuit ruling last year that found its patents were doomed by the terms of how a related infringement case settled, warning that the decision would "dissuade parties from settlements."
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February 27, 2025
Fried Frank Rips RICO Sanctions Bid As Intimidation Tactic
Fried Frank Harris Shriver & Jacobson LLP and its client Tristar Products Inc. are pushing back on a motion for sanctions for bringing an anti-racketeering lawsuit against Telebrands Corp., arguing the bid is a "clear effort to intimidate" the plaintiffs and to impose additional cost and burden on them.
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February 27, 2025
Cozen O'Connor Adds Carter Arnett IP Litigator In Dallas
Cozen O'Connor has boosted its intellectual property practice with a Dallas-based litigator who came aboard from Carter Arnett PLLC.
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February 27, 2025
Barry Manilow Pushes Dispute Over Royalties To LA Court
A London judge ruled Thursday that claims by British music royalties outfit Hipgnosis over unpaid royalties against singer Barry Manilow must be dealt with by a court in Los Angeles before proceedings in the U.K. can move forward.
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February 26, 2025
Merck, Glenmark Trim United Healthcare's Zetia Antitrust Suit
A Minnesota federal judge has trimmed a United Healthcare unit's antitrust suit claiming that Merck and Glenmark conspired to delay a generic version of the anti-cholesterol drug Zetia, throwing out non-Minnesota state-law claims he called a "bare and conclusory pleading."
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February 26, 2025
Card Shuffler Maker Inks $73M Deal To Settle Antitrust Claims
Scientific Games Corp. has reached a $72.5 million agreement to settle its Illinois federal lawsuit with a would-be rival business that accused the company of monopolizing the automatic card shuffler market, according to a filing with the U.S. Securities and Exchange Commission.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Opinion
DOGE Should Address Inefficiency In The Patent Marketplace
Elon Musk's Department of Government Efficiency is well positioned to identify to Congress the necessary variability needed among individual patent rights, ensuring that the U.S. Patent and Trademark Office's current inefficiencies do not impede promising inventions from reaching the market, says John Powers at Powers IP.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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Fed. Circ. Inherency Ruling Refines Obviousness Framework
The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.