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Intellectual Property
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Featured
Musk Supports Deleting IP Law, Attorneys Say Let's Not
Elon Musk's endorsement of a terse social media post from tech executive Jack Dorsey saying "delete all IP law" drew scorn from the intellectual property community and was followed by posts from U.S. Patent and Trademark Office acting Director Coke Morgan Stewart extolling the virtues of trademark, patent and copyright protections.
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April 15, 2025
Astellas Bladder Drug Patent Survives Following Bench Trial
A Delaware federal judge on Tuesday held that generic-drug makers Lupin and Zydus Pharmaceuticals haven't shown "by clear and convincing evidence" that an Astellas Pharma patent covering the bladder medication Myrbetriq is invalid.
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April 15, 2025
Biogen, Genentech Head To June Trial Over MS Drug Royalties
A California federal judge on Tuesday denied Biogen's bid for summary judgment in a high-stakes contract fight with Roche Holding AG subsidiary Genentech over patent royalties on multiple sclerosis drug sales, saying during a hearing that there's a material dispute over the contract's language and the case will be tried in June.
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April 15, 2025
X Corp. Should Pay $632M For Stealing Video IP, Jury Hears
X Corp. systematically copied a startup's video sharing technology while stringing it along with promises of a partnership, VidStream LLC told a Dallas jury during closing arguments Tuesday in a $632 million intellectual property suit that has spanned nearly a decade.
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April 15, 2025
Westlaw Rival Urges 3rd Circ. Intervention In AI Fair Use Case
Tech startup ROSS Intelligence has urged the Third Circuit to allow a quick appeal focusing on two key questions from a lower court decision concluding it infringed copyrighted material from Thomson Reuters' Westlaw platform to create an artificial intelligence-backed competing legal research tool.
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April 15, 2025
Meta Used Pirated Data To Evaluate Licensing, Authors Say
A group of bestselling authors accusing Meta Platforms of copyright infringement allege the tech company downloaded databases with millions of pirated books not just to train its large language models, called Llama, but also to see whether it could develop them without licensing content, according to a newly unredacted summary judgment motion.
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April 15, 2025
AI Artist Hires Atty Challenging Human-Only Copyright Rule
A Colorado artist suing the U.S. Copyright Office over its refusal to register a work created on an artificial intelligence platform has a new attorney — the same lawyer who is representing a computer scientist challenging the government agency's position that only human authors qualify for copyright protection.
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April 15, 2025
Fed. Circ. Won't Rethink Prior Art Decision In Samsung Row
The Federal Circuit shot down tech developer Lynk Labs Inc.'s bid for the full appellate court to review when a patent application counts as prior art, cementing a win for patent challenger Samsung in the case.
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April 15, 2025
3 USPTO Updates You Should Know About
Probationary patent examiners and trademark examining attorneys within 50 miles of the U.S. Patent and Trademark Office's Virginia offices will have to start working from those facilities, one of three recent changes at the agency. Here's what you need to know.
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April 15, 2025
Microsoft, Okta Say Their Password Products Don't Infringe IP
Microsoft Corp. and information technology service management company Okta Inc. asked a California federal judge Monday for declarations that their password-generating products don't infringe a San Francisco company's patent covering a method for issuing time-based, one-time passwords.
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April 15, 2025
Intel Says Withdrawal Of Fintiv Memo Doesn't Help VLSI Case
Intel says the U.S. Patent and Trademark Office's recent withdrawal of guidance on its discretionary-denial policy doesn't mean the Federal Circuit should revive a VLSI Technology chip patent, hitting back at VLSI's argument to the contrary.
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April 15, 2025
Some GoPro Cameras Infringe Patent, Calif. Judge Rules
A California federal judge has ruled that several GoPro cameras infringe a patent revived by the Federal Circuit last year but said a jury needs to hear the issue of whether other products infringe.
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April 15, 2025
Fed. Circ. Won't Revive Stryker Unit's Antiseptic Patents
The Patent Trial and Appeal Board properly invalidated claims in two Sage Products LLC patents for sterilizing antiseptics, the Federal Circuit affirmed Tuesday.
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April 15, 2025
9th Circ. Backs $272M Verdict For Monster In Bang Ad Case
The Ninth Circuit on Tuesday affirmed a $272 million verdict for Monster Energy Co. in a false advertising case against defunct Vital Pharmaceuticals Inc. and its former CEO, rejecting a series of challenges to rulings that narrowed the evidence at trial.
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April 15, 2025
Judge Again Denies Arbitration In Chicago Cubs License Spat
A Chicago federal court will not reconsider dismissing a lawsuit that accuses a rooftop owner of selling tickets to Chicago Cubs games and other events without a license, ruling it got it right the first time.
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April 15, 2025
Hogan Lovells IP Pro Jumps To Venable In San Francisco
Venable LLP is expanding its intellectual property team, announcing Tuesday it is bringing in a Hogan Lovells IP litigator as a partner in its San Francisco office.
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April 15, 2025
Holland & Knight Litigator Heads To Florida Boutique
Florida-based litigation and appellate boutique Lawson Huck Gonzalez PLLC has added a former Holland & Knight LLP partner to its Miami-area office, bringing on an attorney who has handled high-stakes litigation and appellate matters for clients in private practice.
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April 15, 2025
Roster Limits Stay In Revisions To NCAA's NIL Settlement
In court-ordered revisions to their $2.78 billion antitrust class action settlement, the NCAA and the athlete class added greater protections for athletes entering college throughout the deal's 10-year span, but refused to budge on roster limits opposed by several objectors.
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April 14, 2025
Backers Of Meta, Authors Clash Over Fair Use In AI Training
The conflict between bestselling authors and Meta Platforms Inc. over the use of their works for training artificial intelligence software has drawn numerous amicus briefs that underscore the stakes involved, with warnings of devastating consequences for the future of AI development or the rights of copyright owners depending on how the court rules.
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April 14, 2025
Fed. Circ. Hears Teva Challenge To J&J Schizophrenia Drug
A Federal Circuit panel on Monday grappled with how to determine whether a dosage patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid as obvious, questioning attorneys for the company and generics maker Teva about the proper analysis.
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April 14, 2025
Groupon Urges Full Fed. Circ. To Undo Panel's IP Suit Revival
Groupon Inc. is pushing the full Federal Circuit to intervene after a panel allowed Kroy IP Holdings to proceed with a suit accusing it of infringing unchallenged claims of partly invalidated patents.
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April 14, 2025
Ozempic Pretender On Sale In Conn., Novo Nordisk Says
A Connecticut company is selling compounded drugs that purport to contain semaglutide, the active ingredient in Novo Nordisk medications including Ozempic, and improperly implying that the products are approved by the U.S. Food and Drug Administration, according to a lawsuit that alleges violations of state and federal law.
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April 14, 2025
Fed. Circ. Won't Revive Bid To Cancel Saints' Fleur-De-Lis TM
The Federal Circuit on Monday threw out an appeal by a man claiming to be the descendant of French royalty who unsuccessfully tried to have the Trademark Trial and Appeal Board cancel the New Orleans Saints football team's fleur-de-lis design mark.
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April 14, 2025
Tesla Keeps Win On Axed Claim In PTAB Challenge
The Patent Trial and Appeal Board has stood by its finding that one of the claims in a patent related to the use of artificial intelligence in self-driving vehicles was invalid, solidifying challenger Tesla's win on the matter.
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April 14, 2025
Animal Rescue Wants Early Win In TM Suit Against Ex-Leader
Pennsylvania-based animal rescue Last Chance Ranch has asked a federal judge to rule that its former executive director copied its name and trademarks for a competing nonprofit she created, arguing that the infringement was obvious.
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April 14, 2025
J&J Units Beat Patent Suit Over Surgical Screw Designs
A Delaware federal judge has handed Johnson & Johnson subsidiary DePuy Synthes Inc. a win in a patent infringement lawsuit launched by a retired surgeon's patent company over surgical screw technology, finding that the patent claims are too broad and invalid for lack of enablement.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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Unpacking USPTO Foreign Fraudulent Trademark Crackdown
The recent show cause order issued by the U.S. Patent and Trademark Office to Shenzhen Seller Growth Network Technology Co. Ltd. and its affiliates could lead to the cancellation of approximately 42,000 trademark registrations, highlighting the necessity of heightened vigilance in vetting foreign trademark filings, says Judy Yen at Omnus Law.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Patent Prosecution Length Affects Infringement Findings
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.