Intellectual Property

  • September 15, 2024

    Trump Can't Rock Down To 'Electric Avenue,' Court Finds

    Former President Donald Trump lost a copyright lawsuit Friday that alleged his campaign improperly used the song "Electric Avenue" in a social media video attacking President Joe Biden.

  • September 13, 2024

    Conn. High Court Snapshot: Firm's Bill Battle Rages In Sept.

    The Connecticut Supreme Court's September case lineup tasks the justices with helping a federal court judge decide if McCarter & English LLP can fetch punitive damages in a billing battle with an ex-client, and if parents suing Target and others can be compensated for the impairment of their relationship with their injured child. Here, Law360 previews some highlights of the high court's argument schedule for the month.

  • September 13, 2024

    Tushbaby's Cease-And-Desist Misses The Mark, Rival Says

    Baby product maker Grownsy International has sued competing manufacturer Tushbaby Inc. in Illinois federal court, seeking judgment that its baby carrier products do not infringe trade dress rights and alleging Tushbaby is attempting to harm its reputation and diminish sales.

  • September 13, 2024

    Samsung Hit With $192M Verdict In Wireless Charging IP Fight

    A Texas federal jury on Friday found that Samsung owes Mojo Mobility Inc. $192.1 million for infringing five wireless charging patents with its Samsung Galaxy smartphones and other devices.

  • September 13, 2024

    Sandoz Awarded $137M In Generic Hypertension Drug Fight

    United Therapeutics Corp. owes Sandoz Inc. $137.2 million for conduct that breached an earlier settlement agreement between the parties and effectively blocked the sale of Sandoz's generic version of an injectable drug to treat hypertension, a New Jersey federal judge has ruled.

  • September 13, 2024

    Judge Orders Mobile IV Co. To Stop Eli Lilly Infringment

    A Colorado-based mobile outfit that administers IV treatments to customers in their homes must stop all advertising and web promotion that gives the impression it offers Eli Lilly medications, according to a settlement approved by a federal judge.

  • September 13, 2024

    NFL QB Faces New Assault Claims, NCAA's NIL Woes Grow

    In this week’s Off The Bench, NFL quarterback Deshaun Watson is once again accused of sexual assault, and a group of former University of Michigan football players sue the NCAA for more than $50 million in NIL-related damages. In case you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • September 13, 2024

    Trio Of BigLaw Mergers Expected To Drive More Deal Talks

    After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

  • September 13, 2024

    Monster Tears Into Supplements Co. For Using 'Beast' Marks

    Monster Energy Co. has launched a suit in California federal court that accuses a Miami-based company of marketing and selling supplements that infringe Monster's "Beast"-related trademarks.

  • September 13, 2024

    Med Techs Settle Eyelid Cleaner Patent Spat

    Two companies specializing in eyelid cleaning technology have reached a deal to settle their dispute in California federal court after the court refused to dismiss the infringement allegations.

  • September 13, 2024

    What Brexit? EU Case Could Force UK Patents Into The UPC

    An incoming decision from the European Union's top court could present a back door for parties to bring claims tied to non-EU patents before the Unified Patent Court— meaning that U.K. patents could end up being litigated in the bloc.

  • September 13, 2024

    Intel's Appeal For Neural Network Tech Blows A Fuse

    Officials at the European Patent Office have rejected an appeal by Intel Corp. to register its patent application for deep neural network optimization, as it ruled that the protections it sought were unclear.

  • September 13, 2024

    Nestlé Can't Ax Danone's Whey Protein Patent At EPO

    Danone has rebuffed a bid by food and drink giant Nestlé to scrap its European patent for a whey protein composition, as it proved that using gum arabic as a sugar substitute was a new invention.

  • September 13, 2024

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

    This past week in London has seen a football agent sue Chelsea FC after being cleared of allegations he threatened the club’s former director, an ongoing patent dispute between Amgen and Regeneron Pharmaceuticals, and a private school in Edinburgh suing Riverstone Insurance over compensation claims tied to historical abuse allegations made by former pupils. Here, Law360 looks at these and other new claims in the U.K.

  • September 13, 2024

    Former MilliporeSigma Patent Atty Joins Polsinelli In St. Louis

    A patent expert and former in-house attorney with chemical and biotechnology company MilliporeSigma has joined Polsinelli PC's St. Louis office, continuing the law firm's expansion of its life sciences team.

  • September 13, 2024

    Hardware Seller Is Withholding $10M In Fees, Tech Co. Says

    A technology company has claimed it introduced a Canadian hardware seller to confidential contacts looking to buy graphics processors, and the seller secured sales from them, but is now withholding around $10.5 million in referral fees.

  • September 13, 2024

    EasyGroup Claims 'EasyCargo' TM Threatens Its Brand

    EasyGroup has sued a courier price comparison website over its use of trademark "EasyCargo," as the owner of no-frills airline easyJet alleged that this threatens its family of "easy" TMs in its ongoing battle against what it calls "brand thieves."

  • September 13, 2024

    Alcon Loses European Patent Over Eye Imaging Tech

    European officials have stripped Alcon Inc. of its protections over an eye-imaging device, ruling that the company's amended description of the technology's "ray tracing" process unlawfully broadened the patent.

  • September 12, 2024

    McKinsey Partner Can't Undo $11M Music Piracy Judgment

    An Eleventh Circuit panel Thursday upheld an $11 million federal default judgment against a McKinsey & Co. partner for pirating music, agreeing with the Georgia lower court that the motion to set aside the roughly 10-year-old order was untimely.

  • September 12, 2024

    Netgear Gets $135M In TP-Link IP Deal

    Netgear Inc. has received $135 million from TP-Link Systems Inc. as part of a settlement of the companies' patent and contract litigation over Wi-Fi routers in the U.S. International Trade Commission and California federal courts.

  • September 12, 2024

    Google Hit With 'Gemini' TM Suit Over AI Program Name

    Google LLC is facing a trademark infringement suit in California federal court by a small business that claims the tech giant made "the calculated decision to bulldoze over" its intellectual property rights by rebranding Google's large language model artificial intelligence program to Gemini.

  • September 12, 2024

    Court Seriously Overstepped In EUIPO Appeal, ECJ Told

    The General Court of the European Union overstepped when it decided to amend part of a decision by the EU intellectual property office based on a plea that it had raised in proceedings, an adviser told the bloc's highest court on Thursday.

  • September 12, 2024

    Lego Dodges German Rival's Block Design Challenges

    Lego has convinced European Union officials that two registered designs for its building blocks are valid, rebuffing challenges from a German toymaker claiming that the shapes should be nixed for lacking individual character.

  • September 12, 2024

    Ballard Spahr IP Pro Jumps To Taylor English In Atlanta

    Taylor English Duma LLP has expanded its Atlanta office with a patent procurement expert from Ballard Spahr LLP following the departures of nearly 20 lawyers who left the former in recent months for three other firms. 

  • September 12, 2024

    Stites & Harbison Eyes Conn. Office With Patent Team Pickup

    Stites & Harbison PLLC is stretching beyond its established offices in the South and Midwest with a planned Connecticut location, thanks to the pickup of three patent attorneys and three patent agents formerly with Cantor Colburn LLP.

Expert Analysis

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Tips For Revamping Patent Portfolio Strategy In AI Deal Era

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    Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.

  • From Muppet Heads To OJ's Glove: How To Use Props At Trial

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    Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

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    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • 2 Years Of Waco: How Patent Case Distribution Has Changed

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    A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.

  • How Courts Split On Damages Analysis In Automotive Suits

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    As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.

  • 2 Vital Trial Principles Endure Amid Tech Advances

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    Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.

  • 7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law

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    A recent Seventh Circuit decision involving the Defend Trade Secrets Act, allowing for broader international application of trade secrets laws, highlights a difference in how trade secrets are treated compared to other areas of intellectual property law, say Armin Ghiam and Maria Montenegro-Bernardo at Hunton.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Daubert Motion Trends In Patent Cases Reveal Damages Shift

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    A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.

  • 6 Factors That Can Make For A 'Nuclear' Juror

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    Drawing from recent research that examines the rise in nuclear verdicts, Ken Broda-Bahm at Persuasion Strategies identifies a few juror characteristics most likely to matter in assessing case risk and preparing for jury selection — some of which are long-known, and others that are emerging post-pandemic.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

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