Try our Advanced Search for more refined results
Intellectual Property
-
December 18, 2024
NFL Union Rips DraftKings' Dismissal Try In Licensing Suit
The NFL Players Association this week bashed DraftKings Inc.'s attempt to toss claims in a lawsuit alleging the sports betting giant failed to make good on a licensing agreement related to nonfungible tokens, calling DraftKings' motion an attempt to twist the "plain language" of the agreement.
-
December 18, 2024
TikTok Told To Provide Source Code In Trade Secrets Case
TikTok must provide source code as well as financial and data usage information to a Chinese company that says it stole proprietary information to develop a video-editing feature on its platform, according to an order from a special master appointed to the case.
-
December 18, 2024
J&J Unit Beats Schizophrenia Drug IP Challenge On Remand
Teva Pharmaceuticals USA Inc. has failed to invalidate claims in a patent for a Johnson & Johnson unit's blockbuster schizophrenia medicine, according to a New Jersey federal judge who rejected the generic-drug maker's assertions that the formula was obvious.
-
December 18, 2024
KFC Ends Suit Against Church's Over 'Original Recipe' TM
KFC has agreed to end its lawsuit launched just last month that had sought to stop Church's Texas Chicken from using the term "original recipe" to promote its fried chicken.
-
December 18, 2024
Patents, Juries, Baking: Catching Up With EDTX's Next Chief
U.S. District Judge Amos L. Mazzant spoke with Law360 in a wide-ranging conversation this week about what might be in store for the Eastern District of Texas when he takes over in March as the top jurist overseeing the nation's busiest patent docket.
-
December 18, 2024
Fed. Circ. Reverses $13M IP Verdict Over Point-Of-Sale System
The Federal Circuit on Wednesday tossed a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents, saying the company wasn't liable for its customers' use of the patented system under the appellate court's precedent.
-
December 18, 2024
Judge Eyes Limits To Medical Device Co.'s Poaching Verdict
A Boston federal judge on Wednesday considered interpreting twin $5 million jury awards against medical device sales employees as a subset of the $15 million in damages awarded against their employer in a rival company's poaching case.
-
December 18, 2024
Amgen Hit With $50M Infringement Verdict Over Leukemia Drug
Germany's Lindis Biotech has persuaded a Delaware federal jury that Amgen should pay $50.3 million in damages for encouraging healthcare providers to infringe the Munich company's immunotherapy patents through administering the leukemia drug Blincyto.
-
December 18, 2024
China Co. Asks Justices To Review E-Commerce Jurisdiction
China-based e-commerce company Zembrka has asked the U.S. Supreme Court to review a Second Circuit opinion that found proof of an online transaction in a particular state is enough to establish personal jurisdiction, regardless of whether the product ships or is refunded.
-
December 18, 2024
The Biggest Trademark Decisions Of 2024
The Pennsylvania State University emerged victorious in arguably the most closely watched trademark trial of the year against an online retailer that sold merchandise bearing historic Penn State marks, and the U.S. Supreme Court rejected an attorney's attempt to register "Trump Too Small" as a trademark. Here are Law360's picks for the biggest trademark decisions of 2024.
-
December 18, 2024
Class Counsel In NCAA-NIL Suits Seek $500M-Plus In Fees
The attorneys who represent the athletes in two name, image and likeness class actions that were settled with the NCAA have requested more than half a billion dollars total in fees and costs, citing the "substantial risks and complex issues" involved.
-
December 17, 2024
Authors Seek OpenAI Docs About Its Future Models In IP Case
Authors alleging that ChatGPT creator OpenAI Inc. is copying protected works asked a California federal judge Tuesday to order the company to produce documents about its large language models in development, information OpenAI argued would be burdensome to produce and not relevant to the proposed class action.
-
December 17, 2024
Lewis Brisbois Wins $543K In Fees In Name TM Spat In Texas
Lewis Brisbois Bisgaard & Smith LLP is entitled to $543,146.81 in fees after securing a $1.5 million judgment in a trademark lawsuit it prosecuted against the owners of a mediation business that took the BigLaw behemoth's name, a Texas federal judge said Tuesday.
-
December 17, 2024
Corteva Rips Inari's 'Shrill' Claim Of Sham Seed Patent Suit
Corteva Agriscience LLC has fired back at Inari Agriculture Inc.'s claim that a suit alleging Inari infringes Corteva's seed patents amounts to "objectively baseless" sham litigation, saying its rival is making "shrill assertions" that "cannot be squared" with an earlier ruling in the case.
-
December 17, 2024
Copyright Officials Say Rest Of AI Report To Come Next Year
The U.S. Copyright Office says it won't be until early next year that it plans to submit the remainder of a report on the intersection of artificial intelligence and copyright law.
-
December 17, 2024
DOD Expands Data Rights For Small Biz R&D Program Cos.
The U.S. Department of Defense on Tuesday issued rules expanding the data rights retained by small business research and development program participants, and codifying that unique rules for architectural and engineering contracts cover orders under multiple-award contracts.
-
December 17, 2024
Ex-Ga. Tech Prof 'Lucky' To Beat Criminal Charges, Judge Says
A Georgia federal judge appeared unsympathetic on Tuesday to a former Georgia Tech professor who said he was the victim of a mishandled internal audit that led to his indictment on racketeering charges, telling the professor's civil attorney his client was "lucky that he's not in prison."
-
December 17, 2024
TM Group Weighs In On Preclusion In 2nd Circ. Winery Fight
A trademark group has said a Trademark Trial and Appeal Board decision upheld by a New York federal court in an Italian winemaker's fight against a Napa Valley, California, rival over similarly named wines is at odds with a separate board decision in a dispute that made its way to the U.S. Supreme Court.
-
December 17, 2024
Judge Cuts Upper Deck's Disney Card Game Suit
A Washington federal judge has pared down a toy company's suit accusing a competitor of improperly luring away a former contractor and infringing copyrighted material in making a Disney-branded game, partially letting claims involving unfair competition and fraudulent misrepresentations proceed while dismissing others.
-
December 17, 2024
PQA Wants Members' Identities Kept From VLSI, Public
Patent Quality Assurance LLC has disclosed its members to a Virginia federal court after initial resistance, but urged the judge to keep that information under seal, saying the company suing it would likely "harass and smear" its members.
-
December 17, 2024
Canadian Gets 2 Years For Stealing Secrets Tesla Bought
A New York federal judge on Monday sentenced a Canadian businessman to two years in prison after he pled guilty to charges he helped his Chinese business partner use trade secrets from his former employer that was acquired by Tesla in 2019.
-
December 17, 2024
Kat Von D Defends Tattoo Copyright Win At 9th Circ.
The reality TV tattoo artist Kat Von D has told the Ninth Circuit that a photographer who mounted a failed copyright lawsuit over a photo of the jazz great Miles Davis is now ignoring "most of the facts" by appealing the jury verdict that rejected the infringement case.
-
December 17, 2024
Miss America-Tied Ch. 11 Tossed Amid Ownership Spat
A Florida bankruptcy judge on Tuesday dismissed the Chapter 11 case of an entity connected to the Miss America pageant, after the debtor noted it realized it owns none of the operations or debt associated with the competition, punting questions over who owns pageant-related assets to a state court.
-
December 17, 2024
Laser Maker Loses Bid To Trim Patent Suit In Mass.
A Massachusetts federal judge has shot down laser maker NKT Photonics' bid to dodge allegations it infringed one of the patents asserted in a lawsuit from a company owned by a University of Michigan professor.
-
December 17, 2024
Win For Ole Miss Coach In Copyright Suit By 'Serial Litigant'
A lawsuit accusing University of Mississippi football coach Lane Kiffin of copyright infringement over a social media post was thrown out by a Mississippi federal judge, who scolded the plaintiff for making Kiffin the latest stop on his "traveling litigation show.''
Expert Analysis
-
The Key To Solving High Drug Costs Is Understanding Causes
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
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
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
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
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.
-
How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
-
Insights On NLRB General Counsel's New 'Stay-Or-Pay' Memo
Attorneys at Davis Wright discuss the National Labor Relations Board general counsel's new memorandum on employer “stay-or-pay” policies and noncompete agreements, and explain key takeaways concerning the proposed financial remedies, prosecution framework and more.
-
Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
-
5 Considerations For Obviousness-Type Double Patenting
The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.
-
Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
-
Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
-
Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
-
Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
-
Trending At The PTAB: Evolution Of Granting Stays Post-AIA
Kara Specht and Guanshi Li at Finnegan take a look at the evolving trends in the Patent Trial and Appeal Board's authority to grant stays in parallel reexamination and reissue proceedings under the America Invents Act since 2019, showing that it has become exceedingly difficult to successfully argue against a stay in most cases.
-
2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.