Intellectual Property

  • June 16, 2021

    Mitsubishi Scores Win In London 4G Patent Fight

    A London judge ruled Wednesday that two patents Mitsubishi asserted against a slew of Chinese phone makers were both valid and essential to the LTE wireless standards, handing the company a win after it lost an earlier preliminary trial over another 4G patent.

  • June 16, 2021

    Blue Cross, UnitedHealth Settle Trademark Fight Over 'HPN'

    Health insurance rivals Blue Cross Blue Shield and UnitedHealth have reached a settlement to end a trademark lawsuit over the abbreviation "HPN," which the former uses for High Performance Network and the latter uses for Health Plan of Nevada.

  • June 15, 2021

    Patent Case Against Dish Belongs In Texas, Fed. Circ. Told

    The Federal Circuit should reject Dish's appeal of U.S. District Judge Alan Albright's decision to keep an infringement case against it in the Western District of Texas, a patent-holding company has argued, pointing out that the cable giant operates one of its main broadcasting centers and employs more than 1,000 people there.

  • June 15, 2021

    Ex-Uber Colleagues Settle Libel Suit Over Bombshell Claims

    Uber's ex-global intelligence manager has reached a settlement resolving defamation claims that he implicated his former colleagues in bombshell allegations he made in 2017 that the ride-hailing giant had a team devoted to stealing competitors' trade secrets, according to a California federal judge's order Tuesday.

  • June 15, 2021

    Robinhood Beats Ice Cube Endorsement Case, For Now

    A federal magistrate judge has dismissed — for now — a lawsuit filed by Ice Cube against investment app Robinhood over a company newsletter that featured a still frame from one of his movies above a cheeky allusion to his lyrics.

  • June 15, 2021

    Bracewell Lures Ex-K&L Gates Arbitration Leader

    A former co-head of K&L Gates' international arbitration practice has defected to Bracewell LLP, where he will assume a similar role with his new firm.

  • June 15, 2021

    Fortinet Gets Judge To Uphold Cybersecurity IP, For Now

    Fortinet Inc. scored a victory in its infringement fight with rival Forescout Technology Inc., after a California federal judge refused to invalidate two of its cybersecurity technology patents under Alice, though the judge said he wasn't so sure of the patents' ultimate validity.

  • June 15, 2021

    $85M In Punitive Damages Sought In Live Chat IP Jury Trial

    Live chat customer service rivals closed out a California federal trade secrets trial Tuesday with LivePerson urging jurors to find [24]7.ai ripped off its software and to send a message by awarding upward of $85 million in punitive damages, while [24]7 painted itself as the bullied victim.

  • June 15, 2021

    Small Biz Says Package Change Shouldn't Doom VA Contract

    A small-business supplier of personal protective equipment has sued the U.S. Department of Veterans Affairs, saying the VA wrongly terminated a contract to supply protective gloves based only on a change in packaging.

  • June 15, 2021

    Chemical Co. Wants To Skip IP Damages Trial After Sanctions

    An oilfield chemical company that got Western District of Texas Judge Alan D. Albright to impose sanctions on a rival for concealing evidence of infringement asked the judge Monday to award it $17 million, instead of holding a damages trial.

  • June 15, 2021

    Southwest Says Texas Is The Place For Data Scraping Suit

    Southwest Airlines has said Texas federal court is an appropriate home for its lawsuit against a website that allegedly "scraped" its reservation system without authorization, claiming Kiwi.com made millions of dollars reselling flight tickets in the Lone Star State.

  • June 15, 2021

    Judge Won't Toss Equestrian League's Row With Ex-Partners

    A Florida federal judge refused Monday to dismiss the National Equestrian League's suit claiming its former partners stole confidential information to form a rival horse jumping league, but he did trim the league's damages requests.

  • June 15, 2021

    LG Settles With Ex-Microsoft Worker Days Before IP Jury Trial

    LG Electronics has inked a confidential settlement with a former Microsoft employee over his widely asserted cellphone security patent, just days before the dispute was to go before a jury in a Texas federal court.

  • June 14, 2021

    1st Circ. Backs Hasbro's Win In Board Game Royalties Suit

    The First Circuit on Monday backed a lower court's decision that found that heirs of a toy developer are not entitled to $2 million in royalty fees and control over the copyright for The Game of Life, saying the lower court applied the correct standard in determining the game's ownership rights.

  • June 14, 2021

    The Jesus and Mary Chain Hits Warner With $2.5M IP Suit

    The brothers behind the Scottish band The Jesus and Mary Chain hit Warner Music Group Corp. with a $2.5 million copyright infringement suit Monday, alleging the record company refuses to honor the 1980s rock band's attempt to claw back ownership of its music.

  • June 14, 2021

    Fed. Circ. Won't Allow 'FocusVision' TM, Citing 'Focus' Marks

    The Federal Circuit on Monday upheld the Trademark Trial and Appeal Board's refusal to register consumer survey company FocusVision's trademark on its name, unpersuaded by arguments that one software company shouldn't have a "broad monopoly" on uses of the word "focus."

  • June 14, 2021

    Bio-Rad Points To Worker Pacts In Battling 10X Fed. Circ. Win

    Bio-Rad Laboratories Inc. wants the full Federal Circuit to review a panel's decision confirming that the company infringed three 10X Genomics' gene sequencing patents, arguing that the ruling failed to give proper weight to Bio-Rad's employment agreements with two scientists who left to found 10X.

  • June 14, 2021

    Pot Co. Says New Evidence Needs A Look In Trademark Fight

    A cannabis edibles company locked in a lengthy battle over the name "Kiva" has asked a California federal judge to reconsider its argument that its rival knew about the Kiva edibles years before filing suit, saying new evidence shows it knew even earlier.

  • June 14, 2021

    Fintech Firm Says Ex-Facebook Staffer Took Proprietary Info

    A former Facebook account executive allegedly took proprietary information gathered while working with a financial tech client at the social media giant and leveraged it for a job with that former client's business rival, the company claims in a new lawsuit in Georgia.

  • June 14, 2021

    Lowe's Fights Bid To Delay IP Trial Amid COVID-19 Concerns

    Lowe's fired back on Monday at a bid by Taiwan-based Epistar to delay a California trial over its LED patents because COVID-19 cases in Taiwan are spiking, saying Epistar failed to explain what has changed since it told the court in late April that it would be ready for a summer trial.

  • June 14, 2021

    Insulin Pen Buyers Can Name Sanofi's Puerto Rico Unit In Suit

    Lantus insulin pen buyers can file a new antitrust class action against Sanofi-Aventis in order to name the drugmaker's Puerto Rico subsidiary as a defendant and two more companies as plaintiffs, a Massachusetts federal magistrate has ruled.

  • June 14, 2021

    Woodstock TM Battle Over Pot Close To Deal, Cos. Say

    The companies that have waged a three-year legal battle over the right to use the "Woodstock" name in marijuana products told a New York federal judge on Friday that they were on the verge of a settlement.

  • June 14, 2021

    Paul Weiss-Steered Shutterfly Buys Decor Site For $225M

    Paul Weiss-advised Shutterfly said Monday that it plans to buy custom wallpaper and bedding marketplace Spoonflower through a $225 million deal as the California-based image-sharing company aims to expand in the home decor market.

  • June 14, 2021

    Biden Keeps Trump's Proposal To Curb March-In Rights

    The Biden administration plans to carry out former President Donald Trump's proposal to limit the government's ability to exercise its so-called march-in rights to override federally funded patented inventions, a controversial move drawing more than 18,000 public comments since it was unveiled in early January.

  • June 14, 2021

    Justices Reject Bid To Undo Alice Loss In 'Life Issues' IP Fight

    The U.S. Supreme Court on Monday rejected a petition from a Texas company trying to revive an infringement suit against Match Group LLC over a patent for using social networks to help people with their "life issues," which Match got dismissed under Alice.

Expert Analysis

  • Thorny Issues Posed By WTO Vaccine Patent Waiver

    Excerpt from Practical Guidance
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    The U.S. government's talks with World Trade Organization member states on waiving certain intellectual property rights for COVID-19 vaccines present complex questions with regard to pharmaceutical industry barriers to entry, existing mechanisms for transfer of vaccine technology and long-standing international treaty obligations, says Catriona Collins at LexisNexis.

  • How Standard-Setting Orgs Can Curb Patent Litigation

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    Standard-setting organizations should solve the burgeoning standard-essential patent litigation pandemic by emulating a successful solution from 2012 and introducing greater clarity into fair, reasonable and nondiscriminatory policies, say Michael Carrier at Rutgers Law School and Brian Scarpelli at ACT.

  • Opinion

    Transparency More Crucial Than New FRAND Royalty Methods

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    Although two recently proposed alternative valuation frameworks for fair, reasonable and nondiscriminatory royalties for standard-essential patents could be more useful than conventional approaches, reformers would do better, for now, to concentrate their efforts at improving licensing transparency, says Thomas Cotter at the University of Minnesota Law School.

  • E-Filing Mistakes Could Jeopardize Third-Party Trade Secrets

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    As last month’s Epic v. Apple trial showed, errors made when e-filing discovery documents can expose the confidential information of third parties, but case law is not firmly established on whether these inadvertent disclosures may damage trade secret protections — a legal issue especially relevant in the video game industry, say Carolyn Martin and Robert Piper at Lutzker & Lutzker.

  • High Court Could Deter 'Copyright Trolls' In H&M Case

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    If the U.S. Supreme Court upholds the Ninth Circuit's copyright infringement decision in Unicolors v. H&M, then knowingly providing incorrect information in a copyright application — without intent to defraud — will invalidate the registration, which could disincentivize frivolous lawsuits, say Lauren Katzenellenbogen and Adam Aquino at Knobbe Martens.

  • A Gov't Contractor's Road Map To Biden Cybersecurity Order

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    Following President Joe Biden's recent executive order to improve U.S. cybersecurity, Justin Chiarodo and Sharon Klein at Blank Rome highlight how four key elements will particularly affect government contractors and their suppliers, and what contractors should expect as they prepare to operate in a new compliance environment.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • How Legal Profession Can Help LGBTQ Patent Attys Thrive

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    Given the underrepresentation of the lesbian, gay, bisexual and trans community in the patent bar, and recognizing that inclusivity benefits not only employees but also firms and clients, Jeremy Saks at Fish & Richardson discusses measures the legal profession can take to support LGBTQ patent attorneys.

  • What Tax Court's Mylan Legal Fee Ruling Means For IP Suits

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    The U.S. Tax Court's recent ruling that Mylan Inc. could deduct as regular business expenses the legal fees it incurred defending itself against patent infringement suits from brand-name drug manufacturers has the potential to increase patent litigation and may make settlement less appealing, say attorneys at Snell & Wilmer.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • China Trade Secret Developments Bring Certainty For US Cos.

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    U.S. companies should welcome recent reforms to Chinese trade secret legislation and case law that make the litigation landscape more plaintiff-friendly and provide clarity on what business information is protectable and what confidentiality measures the law requires, say attorneys at Jones Day.

  • What Semiconductor Shortage Means For Patent Drafting

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    Since a critical shortage in the global supply of semiconductors could lead to an increase in U.S. capacity, semiconductor-related patent owners should consider directing more patent claims to manufacturing processes, manufacturing tools and intermediate structures, say Darren Smith and David Ben-Meir at Norton Rose.

  • Opinion

    CFAA And The High Court's Fight Against Overcriminalization

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    When confronted with a notoriously broad and somewhat out-of-date statute like the Computer Fraud and Abuse Act, it is important for the judiciary to continue to protect defendants from prosecutors' tortured or extreme readings of these criminal laws — and that's what the U.S. Supreme Court did this month in Van Buren v. U.S., say Harry Sandick and Jacob Chefitz at Patterson Belknap.

  • Unpacking The Latest Trends In Biologics-Related IPRs

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    Analysis of the roughly 120 biologics-related inter partes review and nine post-grant review petitions filed over the last four years suggests that these considerably successful petitions will continue to be attractive, effective weapons for both innovators and biosimilar applicants, say current and former Steptoe & Johnson attorneys.

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