Intellectual Property

  • September 03, 2024

    Nike Wins Pause Of Bra Patent Row As It Seeks PTAB Review

    Nike has been granted a pause of a case alleging its pocket-adorned sports bras violate a small Florida-based apparel company's patents while the athletic wear giant argues to the Patent Trial and Appeal Board that such bras are "far from new."

  • September 03, 2024

    Colo. Panel Doubts Jury Instruction Can Upend $1.8M Award

    Colorado appellate judges appeared skeptical Tuesday that a state trial court was responsible for what an investor described as poor jury instructions that resulted in a nearly $1.85 million civil theft judgment, which he insisted was far too high, with one judge asking why the investor didn't sue his trial counsel over the supposed error.

  • September 03, 2024

    Amazon Prevails In Targeted Programming IP Fight At Fed. Circ.

    A patent licensing outfit trying to assert patents related to developing "video-on-demand" programming for cable companies was told Tuesday by the Federal Circuit that they cover abstract ideas.

  • September 03, 2024

    HQ Specialty Looks To Fix Patent Flaws After Delaware Trial

    HQ Specialty Pharma Corp. said Tuesday that it will correct flaws in its patent for an injectable calcium supplement that led a federal jury in Delaware to find it partially invalid last week and then will seek a court order to stop generic-drug maker Fresenius Kabi USA LLC from selling its allegedly infringing product.

  • September 03, 2024

    Teva Patents Don't Belong In Orange Book, Fed. Circ. Told

    Amneal Pharmaceuticals Inc. is urging the Federal Circuit to preserve a lower court decision ejecting inhaler device patents from an important government database, arguing that the delisting, won in an infringement lawsuit from Teva Pharmaceuticals USA Inc., properly separated out device patents from drug patents.

  • September 03, 2024

    Aesthetic Laser Co. Tells Jury Of Rival's 'Corporate Raid'

    Medical aesthetic business Cynosure told a Boston federal jury Tuesday that two former employees and an industry rival launched a "calculated corporate raid" by poaching dozens of sales and marketing personnel, violating a host of noncompete and non-solicitation agreements while the departing workers pocketed trade secrets on their way out the door.

  • September 03, 2024

    Judge Skeptical Navy Owes Millions For IP Infringement

    A Federal Circuit judge appeared skeptical Tuesday about a software firm's demand for $85.9 million in damages for the Navy's unauthorized copies of its software, suggesting the company hadn't proven its eligibility for more than the $154,400 it was previously awarded.

  • September 03, 2024

    NC Suit Over Blackbeard Ship Survives Another Attack

    North Carolina's cultural resources agency isn't responsible for enforcing the terms for third-party usage of an image and video of Blackbeard's shipwreck, the state's Business Court ruled Friday in paring damages claims by the organization that discovered the pirate's wreckage.

  • September 03, 2024

    Simplot Wins Fry Design Patent Trial, Gets $0 In Damages

    After a seven-day trial in Idaho federal court, a jury found that McCain Foods USA Inc. willfully infringed its frozen french fry rival J.R. Simplot Co.'s design patent and that McCain Foods' own fry design patent was invalid, but also found that J.R. Simplot should not collect any damages from the infringement.

  • September 03, 2024

    3rd Circ.: Biotech Must Pay Royalties Despite Expired Patents

    A cancer drug biotechnology company must pay royalties to a research firm despite the expiration of the applicable patents, a Third Circuit panel ruled in a precedential decision Tuesday, concluding that the biotech's royalty obligation is calculated differently than the one in a U.S. Supreme Court case it cited.

  • September 03, 2024

    VLSI Asks Fed. Circ. To Nix Intel's Extraterritoriality Patent Win

    Licensing company VLSI has urged the Federal Circuit to overturn a ruling granting Intel Corp. a win in VLSI's $900 million patent fight, arguing that the trial judge wrongly concluded on summary judgment that VLSI hasn't shown that Intel's alleged chip patent infringement occurred in the U.S., among other alleged errors.

  • September 03, 2024

    Gov't Backs 9th Circ. Bid To Revive Invisalign Monopoly Case

    The U.S. Department of Justice has told the Ninth Circuit that a lower court applied the wrong standard when tossing a pair of class actions accusing the maker of Invisalign of monopolizing markets for clear dental aligners and teeth scanners.

  • September 03, 2024

    Shkreli Hands Over 15 Copies Of Wu-Tang Clan Album

    Martin Shkreli turned over 15 copies of the one-of-a-kind Wu-Tang Clan album he once owned after a New York federal judge ordered him to surrender any copies to his attorneys amid an ongoing lawsuit.

  • September 03, 2024

    USPTO Launches PTAB Clinic With Ex-Judges

    The U.S. Patent and Trademark Office on Tuesday rolled out a new free initiative in which former judges from the Patent Trial and Appeal Board will answer questions and offer guidance on proceedings before the board in one-on-one meetings with members of the public.

  • September 03, 2024

    Justices Urged To Revive Movie Site TM Suit Against BofA

    The Tenth Circuit employed "an analysis devoid of context whose conclusions contradicted themselves" when it found Bank of America Corp. had not infringed a movie website owner's trademark with its virtual assistant "Erica," the site owner has told the U.S. Supreme Court.

  • September 03, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's court of equity, an iconic rock band got a new member, former President Donald Trump's social media company escaped a contempt ruling, and litigation grew over Illumina Inc.'s $8 billion reacquisition of cancer-testing company Grail Inc. New cases touched on intellectual property, mergers, share transfers and dump trucks. In case you missed it, here's the latest from Delaware's Court of Chancery.

  • September 03, 2024

    Hogan Lovells Tech Transactions Ace Returns To Weil In SF

    Weil Gotshal & Manges LLP is expanding its California team, announcing Tuesday it is welcoming back a technology transactions expert, most recently with Hogan Lovells, as a partner in its recently opened San Francisco office.

  • August 30, 2024

    Miami Gallery Sold Family $6M In Fake Warhols, Lawsuit Says

    A new lawsuit accuses a Miami gallery of selling over $6 million in fake Andy Warhol paintings and stringing a family of amateur art collectors along with an elaborate ruse involving the lure of "below-market prices" and "fictitious" employees from the Warhol Foundation and a New York auction house. 

  • August 30, 2024

    Full Fed. Circ. Urged To Review PTAB Estoppel Rule Case

    A Federal Circuit ruling that Patent Trial and Appeal Board decisions can render patent claims invalid in later U.S. Patent and Trademark Office proceedings is "contrary to the patent laws and congressional intent," a patent owner said Friday seeking rehearing in a case that could increase scrutiny of some patents.

  • August 30, 2024

    9th Circ. Won't Double Software Co.'s $13.5M Trade Secret Win

    The Ninth Circuit on Friday affirmed a lower court's denial of a request by software company Proofpoint Inc. for exemplary damages that could have doubled its $13.5 million trade secret theft verdict, ruling that any error the district court made in denying the damages is harmless.

  • August 30, 2024

    Judge Asks Why Hytera Didn't Seek Help To Avoid Contempt

    As Hytera Communications said Friday that its massive radio redesign was enough to show it shouldn't be held in contempt for allegedly continuing to use stolen Motorola Solutions trade secrets, an Illinois federal judge interrupted to ask why Hytera didn't ask the court for more guidance to better target its efforts. 

  • August 30, 2024

    UK Drops Antitrust Probe Into School Software Co.

    A United Kingdom school software company is no longer facing antitrust scrutiny over alleged litigation threats against schools looking to switch providers, but the firm continues to suggest that it may take action against the "misuse of its intellectual property" that it says complaints to authorities were meant to hide.

  • August 30, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.

  • August 30, 2024

    Align Tech Cuts $27.5M Antitrust Deal With 1.45M Consumers

    A proposed class of nearly 1.45 million SmileDirectClub teeth-aligner buyers urged a California federal judge Thursday to preliminarily sign off on Align Technologies Inc.'s $27.5 million cash and coupon settlement to resolve antitrust claims alleging the company colluded with the now-bankrupt SmileDirecClub to illegally restrict competition.

  • August 30, 2024

    Cisco Hit With $65.7M Verdict For Infringing Paltalk Patent

    A Western District of Texas jury hit Cisco Systems with a $65.7 million verdict on Thursday for directly infringing Paltalk's patent related to hybrid audio servers, finding that Cisco infringed and failed to prove certain claims were invalid.

Expert Analysis

  • Trending At The PTAB: Multiple Petitions In IPRs

    Author Photo

    Recent Patent Trial and Appeal Board decisions and a proposed rulemaking indicate the board’s intention to continue to take a tougher stance on multiple inter partes review petitions challenging the same patent, presenting key factors for petitioners to consider, like the necessity of parallel filings and serial petitions, say Yinan Liu and Cory Bell at Finnegan.

  • How Attorneys Can Reduce Bad Behavior At Deposition

    Author Photo

    To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.

  • Series

    After Chevron: Rethinking Agency Deference In IP Cases

    Author Photo

    The U.S. Supreme Court’s recent overturning of Chevron deference could make it simpler to challenge the U.S. Patent and Trademark Office’s proposed rule on terminal disclaimers and U.S. International Trade Commission interpretations, says William Milliken at Sterne Kessler.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

    Author Photo

    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • Opinion

    'Trump Too Small' Ruling Overlooks TM Registration Issues

    Author Photo

    The U.S. Supreme Court's decision last month in Vidal v. Elster, which concluded that “Trump Too Small” cannot be a registered trademark as it violates a federal prohibition, fails to consider modern-day, real-world implications for trademark owners who are denied access to federal registration, say Tiffany Gehrke and Alexa Spitz at Marshall Gerstein.

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

    Author Photo

    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

    Author Photo

    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • Series

    After Chevron: Expect Limited Changes In USPTO Rulemaking

    Author Photo

    The U.S. Supreme Court’s recent ruling overturning Chevron deference will have limited consequences for the U.S. Patent and Trademark Office given the USPTO's unique statutory features, but it is still an important decision for matters of statutory interpretation, especially those involving provisions of the America Invents Act, say Andrei Iancu and Cooper Godfrey at Sullivan & Cromwell.

  • Fed. Circ. Skinny Label Ruling Guides On Infringement Claims

    Author Photo

    The Federal Circuit's recent decision in Amarin v. Hikma shows generic drug manufacturers must pay close attention to the statements in their abbreviated new drug application labels to put themselves in the best position in defending against an induced infringement claim, say Luke Shannon and Roshan Shrestha at Taft Stettinius.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

    Author Photo

    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • USPTO Disclaimer Rule Would Complicate Patent Prosecution

    Author Photo

    The U.S. Patent and Trademark Office's proposed changes to terminal disclaimer practice could lead to a patent owner being unable to enforce a valid patent simply because it is indirectly tied to a patent in which a single claim is found anticipated or obvious in view of the prior art, say attorneys at Sterne Kessler.

  • Series

    Boxing Makes Me A Better Lawyer

    Author Photo

    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

    Author Photo

    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • When Patents As Loan Collateral Can Cost You Standing

    Author Photo

    The Federal Circuit's recent decision in Intellectual Tech v. Zebra Technologies shines a light on loan default provisions' implications for patent infringement litigation, as a default may inadvertently strip a patent owner of constitutional standing to sue over a patent pledged as collateral, say Joseph Marinelli and Suet L. Lee at Irwin IP.

  • 3 Ways Agencies Will Keep Making Law After Chevron

    Author Photo

    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!