Intellectual Property

  • October 07, 2024

    High Court Rejects Pleas To Hear 7 Patent Cases

    The U.S. Supreme Court on Monday turned down seven petitions seeking review of decisions in patent cases, including appeals dealing with double patenting, patent eligibility and Patent Trial and Appeal Board procedures.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Apple Sued For Booting Music App Amid YouTube IP Fight

    A music streaming service has sued Apple Inc. in California federal court for allegedly removing it from the app store based on an unsubstantiated complaint of intellectual property infringement sent in by YouTube.

  • October 04, 2024

    Genasys Seeks Sanctions For Destroyed Evidence In IP Case

    Genasys Inc. has asked a California federal court to issue terminating sanctions against two former employees for allegedly destroying evidence in a case where the long-range acoustic device company is accusing them of stealing trade secrets to form a competing business.

  • October 04, 2024

    Fed. Circ. Topples Verdict In Tire Design IP Litigation

    The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.

  • October 04, 2024

    Regeneron Can't Ax Willful Infringement In COVID Patent Case

    Regeneron Pharmaceuticals Inc. cannot boot a willful infringement claim from Allele Biotech's patent suit over the development of COVID-19 vaccines and treatments, a New York federal judge ruled Friday, saying it was up to Regeneron to establish that Allele failed to show the defendant had presuit knowledge of the patent.

  • October 04, 2024

    Kraft Heinz Sued In Ga. For Stealing Distributor Database

    The Kraft Heinz Co. has been slapped with a complaint in Georgia federal court accusing it of downloading hoards of information from an Atlanta-based company's database of international distributors and passing it off as its own to generate as much as $25 million in revenue, in breach of the company's licensing agreement.

  • October 04, 2024

    High Court Bar's Future: Jenner & Block's Adam Unikowsky

    In many ways, Adam G. Unikowsky of Jenner & Block LLP has traveled a tried-and-true path — Harvard, elite clerkships, BigLaw — to the upper echelons of U.S. Supreme Court advocacy. But his route to the forefront of the bar's next generation has been less conventional than it might appear, and he spoke with Law360 about how he's climbed so high — and how he excels by avoiding rhetoric that "judges really, really hate."

  • October 04, 2024

    SSI Wins $16M From Wisconsin Jury Over Fuel Tank Sensor IP

    KUS Technology Corp. must pay rival sensor company SSI Technologies LLC more than $16 million for willfully infringing a patent for a fuel tank sensor, a Wisconsin federal jury verdict ruled Thursday.

  • October 04, 2024

    NJ Diner Says It's No Longer Using Civil Rights Activist's Name

    The owners of a New Jersey diner being sued for using the former operator and civil rights activist's name in their branding has asked a New Jersey federal judge to toss a bid seeking to stop it from using the eponymous "Mr. G's" name, arguing the request is moot because they have closed the restaurant and have no plans to reopen.

  • October 04, 2024

    Posting Copyrighted Building Codes Is Fair Use, Pa. Judge Says

    The American Society for Testing and Materials has lost a bid to enjoin a website from posting ASTM's copyrighted technical standards for building projects, after a Pennsylvania federal judge concluded that what the website does is fair use.

  • October 04, 2024

    Simply Naturals Sues Former Director, Claiming TM Grab

    Simply Naturals has accused a former director of trying to steal its "sizzling minerals" trademark, claiming in a London court that he was threatening to bring infringement proceedings despite transferring the name rights years ago.

  • October 04, 2024

    There May Not Be Life On Mars, But There Could Be IP

    The rapidly expanding space tourism industry is raising a vast universe of potential intellectual property issues. Experts say most of the laws governing extraterrestrial IP are as unexplored as space itself.

  • October 04, 2024

    NCAA's Legal Woes Grow With Ex-Ohio State QB's NIL Suit

    Former Ohio State University star quarterback Terrelle Pryor, whose college career abruptly ended after the NCAA suspended him for profiting off his own memorabilia, filed a proposed antitrust class action in Ohio federal court Friday accusing the NCAA and others of profiting from his name, image and likeness while denying him and other athletes compensation.

  • October 04, 2024

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

    This past week in London has seen GMB Union sued by the makers of Tetley Tea after a staff walkout in September, boxer Mike Tyson hit with legal action from a marketing company and the Met Police face a misuse of private data claim from a woman who had a relationship with an undercover police officer. Here, Law360 looks at these and other new claims in the U.K.

  • October 03, 2024

    Gilead Makes Generic HIV Drug Plan, Advocates Urge Expansion

    Gilead Sciences Inc. this week announced a plan to allow six drugmakers to produce generic lenacapavir to help combat the HIV pandemic in 120 lower-income countries, an initiative that won praise as a welcome step Thursday, although advocacy groups urged the company to expand the effort.

  • October 03, 2024

    Intel Calls VLSI's Ownership, Funding Disclosures Insufficient

    Intel is urging Delaware's chief federal judge to make VLSI Technology reveal its ownership and sources of litigation funding, saying the disclosures provided so far in their dispute over the scope of a patent license are "plainly deficient."

  • October 03, 2024

    Boston Pharma Co. Drops Another Moderna Patent Suit

    A Boston pharmaceutical developer once again has agreed to drop a patent lawsuit against Moderna over its popular coronavirus vaccines after losing a claim construction ruling in front of Delaware's top judge.

  • October 03, 2024

    Full Fed. Circ. Won't Look Into PTAB Estoppel Rule

    The Federal Circuit will not reconsider a panel's holding that Patent Trial and Appeal Board rulings can be used to find claims invalid in future U.S. Patent and Trademark Office proceedings.

  • October 03, 2024

    Apple Loses Patent In Fight With Masimo At PTAB

    An Apple Inc. patent that covers its Apple Watches has failed to hold up in front of an administrative patent board after it was challenged by health technology company Masimo Corp.

  • October 03, 2024

    Fed. Circ. Says Crocs' Fake IP Claims Could Be False Ads

    The Federal Circuit on Thursday revived false advertising claims against Crocs Inc., which a competitor said improperly stated that its shoes were made with "patented, proprietary, and exclusive" materials.

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Startup Undercuts Its Case In Trade Secrets Brief, AIG Says

    A group of AIG insurers told a New Jersey federal court that a competitor insurance startup they've accused of misappropriating their trade secrets undercut its own arguments for dismissal by citing a case that "does nothing to undermine the many cases" AIG has previously cited in opposition.

  • October 03, 2024

    Stanford Profs Deny Roche's Trade Secret Theft Accusations

    Three Stanford University oncology professors sued by subsidiaries of F. Hoffmann-La Roche AG for allegedly stealing confidential information about cancer-detecting technology have denied the accusations, saying in California federal court that Roche's purported trade secrets were not secret, and even if they were, Roche does not own them.

  • October 03, 2024

    Chinese Nationals Get Prison For Counterfeit IPhone Caper

    Two Chinese citizens residing in Maryland have been sentenced to prison after being convicted for their roles in a $2.5 million scam that involved submitting over 6,000 counterfeit iPhones to Apple, inducing the company to replace the fakes with real smartphones.

Expert Analysis

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    Cell Tech Patent Holdup Is Stalling Automaker Innovation

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    Courts and Congress should seek to stem anticompetitive harm caused by standard-essential patent holders squeezing automakers with unfairly high royalties for cellular connectivity technology, says Charles Haake at Alliance for Automotive Innovation.

  • M&A In The AI Era: Key Deal Terms To Watch

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    As the artificial intelligence market matures, so will due diligence needs, as M&A deals aimed at consolidation and new synergies raise unique legal and regulatory challenges, including potential antitrust and national security reviews, say attorneys at Skadden.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Trending At The PTAB: Multiple Petitions In IPRs

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    Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.

  • How Attorneys Can Reduce Bad Behavior At Deposition

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    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

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    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Opinion

    'Trump Too Small' Ruling Overlooks TM Registration Issues

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    The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

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    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • Fed. Circ. Skinny Label Ruling Guides On Infringement Claims

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    The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • USPTO Disclaimer Rule Would Complicate Patent Prosecution

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    The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.

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