Intellectual Property

  • May 01, 2024

    USPTO Outlines Plan To Boost Diversity In Innovation

    The U.S. Patent and Trademark Office on Wednesday unveiled a plan aimed at increasing innovation among young people and those from underrepresented backgrounds, calling on companies, governments and schools to make efforts to diversify and broaden their ranks.

  • May 01, 2024

    Median Patent Damages Awards Are Shrinking

    A New York accounting firm that provides damages experts for intellectual property cases has found in a new study that median damages awards in patent cases have declined over the last 15 years.

  • May 01, 2024

    Artist Can Exhibit 'MetaBirkins' NFT Despite TM Trial Loss

    A New York federal judge has said the Los Angeles-based designer behind the "MetaBirkins" non-fungible token can provide permission to a Swedish museum to display his trademark-infringing artwork, despite an injunction barring him from promoting or selling the NFTs.

  • May 01, 2024

    Fed. Circ. Revives WDTX Patent Suit Tossed Over Standing

    The Federal Circuit on Wednesday reversed a decision by Western District of Texas Judge Alan Albright that a company suing Zebra Technologies Corp. for patent infringement lacked constitutional standing, holding instead that the plaintiff retained patent rights under a loan agreement.

  • May 01, 2024

    Fla., NY, DC Join Suit Demanding Halt To NCAA's NIL Policies

    Florida, New York and the District of Columbia on Wednesday joined Tennessee and Virginia in their antitrust lawsuit challenging the NCAA's policies on name, image and likeness rights, asking that the preliminary injunction barring enforcement of its NIL rules be made permanent.

  • May 01, 2024

    Judge Enjoins Baseball Bat Cos. In Fla. Trademark Fight

    A pair of companies owned by ex-MLB player Yoenis Céspedes have won a preliminary injunction against several businesses in an intellectual property dispute in Florida federal court over baseball bats, saying the former New York Mets outfielder's companies are likely to succeed on a trademark claim.

  • May 01, 2024

    J&J Unit Cuts Deal To End Cancer Drug Trade Secret Fight

    A New Jersey federal judge has signed off on a consent judgment that permanently bars Chinese drugmaker Jiangsu Hengrui Pharmaceuticals Co. from misappropriating Johnson and Johnson's pharmaceutical subsidiary Janssen's trade secrets for its popular chemotherapy drug Yondelis.

  • May 01, 2024

    'Shark Tank'-Backed Card Maker Greets Rival With IP Suit

    A greeting card company that was backed by an investor on the TV show "Shark Tank" hit a competitor with a federal suit alleging it copied card designs and violated several patents.

  • May 01, 2024

    Metal Biz Owner Cops To Tax Fraud On $2.8M Income

    The owner of a metal fabrication company admitted to neglecting to report nearly $3 million in business income to the IRS, Connecticut federal prosecutors announced.

  • May 01, 2024

    Game Developer Denies Copying Rival's 'Generic' Racing App

    A British game developer has hit back at its French rival in a copyright feud over the pair's mobile games, telling a London court that any similarities between the apps are nondistinctive features that don't merit protection.

  • May 01, 2024

    Crowell & Moring Adds 2 More Neal Gerber Attys In Chicago

    Crowell & Moring LLP announced Wednesday that it has hired two more attorneys from Chicago-based Neal Gerber & Eisenberg LLP to bolster its corporate services.

  • April 30, 2024

    Tech. Orgs Deny Being 'Apple's Puppets' In Watch Ban Fight

    A group of technology industry groups claimed they are "not Apple's puppets" as they seek to back the company in its Federal Circuit appeal of the U.S. International Trade Commission's ban on imports of Apple Watch models capable of monitoring blood oxygen levels.

  • April 30, 2024

    'Hatchet-Wielding' Killer Can't Join Netflix Suit, Judge Rules

    Convicted killer "Kai the Hatchet-Wielding Hitchhiker" can't get in on a defamation suit involving a Netflix documentary about the murderer's life, a Texas federal judge ruled Monday, saying that his claims don't have a sufficient basis to warrant intervention in the lawsuit.

  • April 30, 2024

    Pharmacyclics Can't Score Fees After Imbruvica Patent Win

    Delaware's top federal judge on Tuesday told AbbVie's Pharmacyclics LLC unit that it was "also guilty of vexatious conduct" and had no standing to seek legal fees after it won a patent infringement suit against generic-drug rivals over its branded blockbuster cancer drug Imbruvica.

  • April 30, 2024

    Amgen Cuts Deal To End Bone Drug IP Suit Against Sandoz

    A New Jersey federal judge has signed off on a deal that would end a suit where Amgen accused Sandoz of infringing patents on treatments for bone cancer and bone problems.

  • April 30, 2024

    OpenAI Tries To Throw Out Another Copyright Case

    OpenAI is seeking to dismiss a suit in New York federal court from two alternative news websites asserting copyright infringement allegations against the Microsoft Corp.-backed artificial intelligence developer, saying they haven't shown they've been harmed.

  • April 30, 2024

    Where VLSI-Intel's High-Stakes Patent Battle Stands Now

    Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.

  • April 30, 2024

    Microsoft Says Ex-Worker Made 'Trojan Horse' Patent Claims

    Microsoft accused an ex-employee of staging a "Trojan horse" in a breach of contract case to get patent damages otherwise not allowed in state court, urging a Washington federal judge to keep control of the case over Xbox console patents.

  • April 30, 2024

    Ex-Enforcers Back CoStar At 9th Circ. Against Antitrust Claims

    Several former antitrust enforcers told the Ninth Circuit that a lower court was right to toss a rival's claims that CoStar monopolizes commercial real estate information markets despite concerns from the Federal Trade Commission about the allegations.

  • April 30, 2024

    Samsung Gets PTAB To Sink Patent Tied To $142M Verdict

    The Patent Trial and Appeal Board has ruled in favor of Samsung Electronics Co. LTD in the company's challenge to LTE technology owned by G+ Communications LLC, invalidating one of the patents involved in a Texas case where G+ won a $142 million verdict against the tech giant.

  • April 30, 2024

    Sens. Behind Deepfake Draft Bill Say US Needs To Act Now

    U.S. senators proposing draft legislation to address the explosion of artificial intelligence-generated replicas of individuals expressed urgency Tuesday about passing a law that overhauls the nation's patchwork of right of publicity protections, saying Congress cannot afford to do nothing.

  • April 30, 2024

    FTC Continues To Target 'Junk' Drug Patents

    Federal trade officials told a series of pharmaceutical companies — including the makers of the controversial diabetes and weight loss drug Ozempic — that they may have listed faulty patents in a key register of a federal drug database.

  • April 30, 2024

    Fed. Circ. Upholds TM Win For Brazilian Hair Products Co.

    A Tuesday precedential ruling from the Federal Circuit sided with a Brazilian hair products maker in its legal fight with a Massachusetts businessman over who could claim a Portuguese phrase celebrating curly hair.

  • April 30, 2024

    Ex-DraftKings Exec Blocked From US Role At Rival Fanatics

    A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.

  • April 30, 2024

    Hospital Says IP Spat Shouldn't Delay Children's Center Build

    A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.

Expert Analysis

  • How AI Is Changing The Game Of Professional Sports

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    As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.

  • Trending At The PTAB: 6 Areas To Watch In 2024

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    Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • What's In The USPTO Policy Pipeline This Year

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    Practitioners can expect a number of policy updates and initiatives from the U.S. Patent and Trademark Office this year, including development of AI capabilities, pushback against fraudulent patents and expansion of educational opportunities, say Rosaleen Chou and Lauren Katzenellenbogen at Knobbe Martens.

  • AI In IP Law: The Top Guest Articles Of 2023

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    Keeping up with generative artificial intelligence was the name of the game for intellectual property lawyers in 2023 as the government worked to determine whether AI-generated output is protectable under the law and guest writers assessed the technology's risks and rewards.

  • The Most-Read IP Law360 Guest Articles Of 2023

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    U.S. Patent and Trademark Office incentives and restrictions, Federal Circuit decisions on exact meaning, and lessons from the comedic whodunit “Glass Onion: A Knives Out Mystery” were among popular intellectual property topics guest authors tackled this year.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • Reviewing 2023's Global AI Landscape Across Practice Areas

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    2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.

  • 2024 Trends To Watch As AI And IP Litigation Intersect

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    Just as generative artificial intelligence tools have proven unpredictable, the resulting legal disputes may also hold a few surprises in store for 2024, as intellectual property litigation related to AI inputs, outputs and the tools themselves takes shape, say Philip Warrick and Chengming Liu at Irell & Manella.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • NCAA Proposal Points To A New NIL Compensation Frontier

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    Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

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