Intellectual Property

  • November 15, 2024

    New Trade Secrets Case Brought In Trucker Tracking Row

    A fight between two neighboring San Francisco startups that sell artificial intelligence-powered software used to monitor truck drivers has resulted in yet another lawsuit: a new state court case that accuses a CEO of personally "texting and meeting in person" with competing sales reps in order to obtain trade secrets. 

  • November 15, 2024

    USPTO Finalizes Adjustments In 2025 Trademark Fees

    The U.S. Patent and Trademark Office is finalizing a proposal from earlier this year on changes to its fee structures, including adding surcharges on trademark applications lacking sufficient information and increasing the cost for paper applications.

  • November 15, 2024

    Fed. Circ. Won't Send Smartwatch Patent Case Out Of Texas

    The Federal Circuit on Friday shot down smartwatch maker Zepp Health's bid to transfer a patent infringement case from Texas to California, agreeing with a lower court's finding that the company failed to show the Golden State was the better forum.

  • November 15, 2024

    Penn State Asks To Keep Defendant In Vintage Brand TM Trial

    In the middle of a closely watched trademark infringement trial, the Pennsylvania State University asked a federal judge Friday to reconsider his decision to dismiss one of the defendants, arguing that Sportswear Inc.'s role as the exclusive manufacturer and distributor of Vintage Brand merchandise means Sportswear can be liable for infringement.

  • November 15, 2024

    Abbott Inks $8M Deal With Healthcare Fraudster In TM Suit

    A New York federal judge on Thursday green-lit a trademark infringement settlement in which Abbott Laboratories will receive $8 million from a Florida businessman who recently pled guilty to healthcare fraud for his role in a sprawling gray market scheme to profit off of Abbott's line of diabetic test strips meant to be sold internationally.

  • November 15, 2024

    Coffee Shop Agrees To Stop Using Dior Name After Suit

    A Western Massachusetts coffee shop will stop using the name "Café Dior," settling a trademark infringement lawsuit brought by French luxury brand Christian Dior, according to a Friday filing.

  • November 15, 2024

    Off The Bench: NCAA Eligibility Fight, Movie Script Dispute

    In this week's Off The Bench, a college football star takes the NCAA to court seeking one more year to play, the plot of a recent Netflix release might have been lifted from another creator and a transgender college athlete's right to compete is challenged by other players.

  • November 15, 2024

    Another Paul Hastings Int'l Arbitration Atty Joins Linklaters

    Linklaters has added a senior counsel in Washington, D.C., who joins the firm's international arbitration practice from Paul Hastings LLP, weeks after that firm's international arbitration practice co-chair made a similar jump.

  • November 15, 2024

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

    This past week in London has seen Ocado file an intellectual property claim against an African fruit and vegetable importer, a claim filed against a Swiss bank founded by Indian billionaire Srichand Parmanand Hinduja and 300 individuals sue travel company TUI. Here, Law360 looks at these and other new claims in the U.K.

  • November 14, 2024

    LeBron James, Netflix Accused Of Ripping Off Movie Script

    A Montana filmmaker on Thursday accused Netflix, LeBron James and other "heavy Hollywood hitters" of ripping off his copyrighted script to make one of the streaming service's recent releases, telling a California federal court the works shared obvious similarities from their dialogue, down to their characters and scene sequences.

  • November 14, 2024

    Insurer Says Mich. Lawyers Lying About Its Auto Coverage

    A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.

  • November 14, 2024

    Canadian Standards Group Asks High Court To Rethink IP Ruling

    A Canada-based standards development group wants the U.S. Supreme Court to take up its challenge to a Fifth Circuit decision that handed a win to a Canadian man the group said was selling copies of its copyrighted standards.

  • November 14, 2024

    Albright Moves Apple Foes' Patent Suit To California

    Waco's U.S. District Judge Alan Albright has decided to send a patent lawsuit lodged in his court against Apple to the tech giant's home of California, calling the "minimal local interest" provided by local tax breaks "strenuously tied to this case at best."

  • November 14, 2024

    Atty's Conduct In IP Case Merits Fees Sanction, Judge Says

    A California federal judge said Thursday an attorney who represented a company that lost a trade dress infringement case should be jointly responsible with his client, Iconic Mars Corp., for paying attorney fees and costs for his conduct during litigation that culminated with microphone manufacturer Kaotica Corp. prevailing at trial in June.

  • November 14, 2024

    Cisco Asks Albright To Ax $65.7M IP Verdict, Seeks New Trial

    Cisco Systems Inc. has asked U.S. District Judge Alan Albright to throw out a Texas jury's verdict holding the technology behemoth liable for infringing a patent related to conference calls, saying Cisco suffered "immense" prejudice at trial and that the jury's $65.7 million damages award is "excessive."

  • November 14, 2024

    Full Fed. Circ. Won't Touch GoPro Patent Eligibility Argument

    The full Federal Circuit decided Thursday not to look further into arguments from GoPro Inc. that a September panel ruling on patents asserted against the camera company created "a breathtaking expansion of subject-matter eligibility."

  • November 14, 2024

    Senate Panel Delays Votes On Patent Eligibility And PTAB Bills

    The Senate Judiciary Committee on Thursday postponed planned votes on legislation aimed at reducing decisions that inventions are ineligible for patents and setting new limits on Patent Trial and Appeal Board challenges, but approved a bill to let the patent office collect demographic data on inventors.

  • November 14, 2024

    Judge Finds Dexcom Infringed Abbott Patent That Hung Jury

    A judge has found that Dexcom Inc. infringed a glucose monitor patent owned by an Abbott Laboratories unit, with the ruling coming after a Delaware federal jury in March said it was hung on the issue.

  • November 14, 2024

    Clutch-Maker Sues Off-Road Vehicle Co. For Stalled Royalties

    An off-road vehicle maker in North Carolina has shortchanged a Canadian manufacturer on royalty payments for a clutch and is otherwise tarnishing the supplier's reputation by selling vehicles that frequently malfunction, according to a newly filed federal lawsuit in the Tar Heel State.

  • November 14, 2024

    Boehringer Says Inhaler Antitrust Suit 'Fails On Its Face'

    Boehringer Ingelheim Pharmaceuticals Inc. and Boehringer Ingelheim International GMBH have urged a Connecticut federal judge to dismiss a proposed class action brought by health funds accusing it of monopolizing the inhaler market with improper patent listings, arguing the suit fails to allege any competitors were actually hindered by those patents.

  • November 14, 2024

    South Dakota Slams NCAA Over NIL Settlement 'Notice'

    South Dakota's attorney general has continued lodging criticism at the NCAA over its handling of a massive lawsuit related to the way student-athletes are compensated, telling a California federal judge the organization has failed to properly notify the state and others of a preliminary $2.78 billion settlement.

  • November 14, 2024

    Amazon Should Pay Triple $30.5M Verdict, Patent Owner Says

    The owner of two computer network patents says that a Delaware federal court should triple the $30.5 million damages award it won against Amazon in an infringement case, while the tech giant argues that the verdict should be tossed.

  • November 14, 2024

    Chipmaker's 'Bounty' Lawsuit Was 'Nonsensical,' Court Told

    A pair of litigation businesses want a California federal court to punish a Taiwanese chipmaker for responding to a patent lawsuit with "frivolous," "meritless" and "nonsensical" antitrust allegations surrounding use of a "bounty" to encourage litigation.

  • November 14, 2024

    Texas Judge Recuses Himself From Microsoft Patent Case

    Chief U.S. District Judge Rodney Gilstrap of the Eastern District of Texas has recused himself, without stating a reason, from a patent infringement case that German company ParTec AG has lodged against Microsoft over the tech giant's artificial intelligence supercomputer.

  • November 14, 2024

    Motorola Can't Get $73M From US Radio IP Win In UK Courts

    A London judge said Thursday that Motorola cannot recoup $73 million in interest and costs despite having convinced a U.S. court that Chinese radio maker Hytera infringed its intellectual property, deeming the cash part of a broader unenforceable award.

Expert Analysis

  • How Patent Litigation Is Changing Amid Decline In Filings

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    Marked by a notable decline in case filings and preferred venue shifts, patent litigation has undergone significant changes over the last decade and litigation hot spots have shifted, encouraging a more strategic approach to patent disputes, says Saishruti Mutneja at Winston & Strawn.

  • Primer On Chinese Trade Secret Disputes For US Practitioners

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    Increasing cross-border disputes over trade secret misappropriation between U.S. and Chinese entities emphasize the need for U.S. practitioners to navigate China's legal landscape following recent reforms that enhance the viability of litigation in Chinese courts, say attorneys at Jones Day.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Opinion

    Failure To Use Apportionment Has Distorted Patent Damages

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    Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

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    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

  • Defending AI, Machine Learning Patents In Life Sciences

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    Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • From Concept To Capital: 5 Stages Of Evolving IP Needs

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    Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.

  • Allergan Ruling Reinforces Value Of Patent Term Adjustments

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    The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Look At How De Minimis Import Rules May Soon Change

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    The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.

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