Intellectual Property

  • May 29, 2024

    Verizon Urges Court Not To Postpone VoIP-Pal Patent Trial

    Verizon is fighting a bid by patent litigation company VoIP-Pal.com to get U.S. District Judge Alan Albright to delay sending the Texas federal suit against the telecom giant to a jury, amid a feud over getting a "do-over" on VoIP-Pal's $5 billion damages request.

  • May 29, 2024

    PTAB Invalidates More Of Sisvel Data Patent On Remand

    The Patent Trial and Appeal Board has trimmed more of a Sisvel International SA data transmission patent on remand from the Federal Circuit, but left one of the patent claims in play.

  • May 29, 2024

    NY Attys Back Bid For Justices To Hear Double-Patenting Row

    A petition looking to persuade the U.S. Supreme Court to wade into a double-patenting dispute has received support from a trade group of New York patent lawyers.

  • May 29, 2024

    Fed. Circ. Backs Claim Invalidity In Express Mobile Web Patent

    The Federal Circuit has backed a Patent Trial and Appeal Board decision that a single claim of an Express Mobile website generation patent was invalid as obvious based on earlier inventions.

  • May 29, 2024

    New Colo. Law Targets AI Deepfakes In Political Ads

    Colorado Gov. Jared Polis has signed a bill that aims to crack down on the malicious use of artificial intelligence for producing political messaging.

  • May 29, 2024

    Google Rips Sonos Bid To Revive $32M Patent Verdict

    Google is urging the Federal Circuit to reject Sonos' claim that a California federal court endangered thousands of patents when it threw out a jury's $32.5 million infringement verdict in the smart speaker maker's favor, with the tech giant arguing that Sonos is not entitled to patent protection for audio features that the company waited years to disclose.

  • May 29, 2024

    Pool Co. Can't Avoid, Delay Paying $16M False Ad Verdict

    A North Carolina federal judge has cleared the way for an American swimming pool parts supplier to go after a $16 million judgment from its Chinese rival for false advertising and unfair business practices following a weeklong jury trial earlier this year.

  • May 29, 2024

    4th Circ. Rejects Atty Fee Bid In Fight Over Ted Nugent Photo

    The Fourth Circuit has denied a photographer's application for attorney fees after Bricker Graydon LLP helped him secure a favorable ruling in his legal battle over a news website's allegedly unauthorized use of a Ted Nugent photo he took in an article titled, "15 Signs Your Daddy Was A Conservative."

  • May 29, 2024

    Chicago IP Firm Accused Of Botching Fetal Biotech Patent

    A company that makes technology that can detect fetal asphyxia and distress has alleged in Illinois state court that Chicago law firm Fitch Even Tabin & Flannery LLP cost it millions when it registered the company's patents under one of its former employees, who then used its intellectual property to launch a competing company.

  • May 29, 2024

    Wilson Sonsini Adds 2 Attys In Salt Lake City From Kirkland

    Wilson Sonsini Goodrich & Rosati PC has continued to expand its growing, three-year-old Salt Lake City, Utah, office with the recent addition of two experienced litigators who moved their practices from Kirkland & Ellis.

  • May 29, 2024

    Greenberg Traurig Adds IP Atty From Eversheds Sutherland

    Greenberg Traurig LLP has bolstered its California bench of attorneys with an Eversheds Sutherland lawyer who has years of experience advising digital health and medical device companies on intellectual property issues.

  • May 28, 2024

    Ex-USPTO Directors Want Vidal To Withdraw Disclaimer Plans

    Former U.S. Patent and Trademark Office Directors Andrei Iancu and David Kappos on Tuesday urged current Director Kathi Vidal to "immediately" withdraw proposed rules regarding so-called terminal disclaimers, saying the changes are "contrary to law" and "threaten serious harm to America's innovation economy."

  • May 28, 2024

    Boeing Jury Urged To Reject Electric Startup's $200M IP Ask

    Counsel for Boeing Co. told a jury to reject Zunum Aero Inc.'s claim it deserves nearly $200 million for alleged trade secrets misappropriation, saying during closing arguments Tuesday that Zunum wants to shift blame away from its own failures.

  • May 28, 2024

    VLSI Wants Fed. Circ. To Pause Before Pursuing PQA Appeal

    VLSI Technology LLC has asked the Federal Circuit to hold off on deciding whether the Patent Trial and Appeal Board improperly invalidated its chip patent in a high-profile dispute until after the court rules on a key prior art issue in unrelated litigation.

  • May 28, 2024

    Abbott, Dexcom Call For New Glucose Monitor Patent Trial

    Just over two months after a jury in Wilmington, Delaware, handed down a mixed verdict in a patent lawsuit over glucose monitors, both sides are now asking the judge to give them another trial.

  • May 28, 2024

    The NCAA Put Out One Fire, But The House Is Still Ablaze

    Despite the enormous size of the settlement of a class action by hundreds of thousands of former college athletes over name, image and likeness compensation denied to them, experts say it only resolves one of the NCAA's many legal crises, while shining a light on the severity of the others.

  • May 28, 2024

    Singer Tells Justices Jurors Should Hear His 'Rockstar' Song

    The frontman of a band called Snowblind is telling the U.S. Supreme Court that at least one appeals court judge seemingly decided for herself that his 2001 demo sounded nothing like the Nickelback hit record "Rockstar," something he thinks a jury should decide instead. 

  • May 28, 2024

    27 States Urge Fed. Circ. To Back Idaho 'Patent Troll' Law

    Attorneys general from 27 states, along with tech industry lobbying groups, have thrown their support behind Micron Technology Inc.'s argument in its fight at the Federal Circuit that Idaho's law barring "bad faith" allegations of patent infringement is constitutional.

  • May 28, 2024

    Smoke Co. Says Colo. Rival Stepping All Over 'Juicy' TM

    The maker of Juicy Jays and Raw rolling papers said a Colorado cannabis company is stepping on its branding, using its well-established product names to sell prerolled joints and marijuana concentrates to deceive consumers, according to a federal lawsuit.

  • May 28, 2024

    Activision Wins $14M From Call Of Duty Cheat Code Sellers

    Activision Publishing scored over $14.4 million in damages and nearly $300,000 in attorney fees against German companies accused of selling cheat codes for Call of Duty games when a California federal judge Tuesday granted its motion for default judgment, finding none of the defendants appeared in the case for a year.

  • May 28, 2024

    Juul Gets PTAB To Examine Rival's Vape Patents

    The Patent Trial and Appeal Board has sided with Juul Labs Inc. in a trio of decisions over electronic vape technology, refusing to review one of its patents while granting the company's challenges to two patents owned by another business.

  • May 28, 2024

    HIV Drug Buyers Fight Bid To Combine 9th Circ. Appeal Briefs

    Drug buyers that allege Gilead Sciences Inc. and Teva Pharmaceuticals delayed generic versions of HIV medications told the Ninth Circuit it would be unfair to grant the companies' call for a single brief addressing the 17 appeals filed after a jury rejected the claims last year.

  • May 28, 2024

    Fed. Circ. Won't Revive 'Checking Financial History' Patents

    The Federal Circuit ruled Tuesday that a judge in Georgia made the right call in deciding that a prolific patent lawyer should have never been issued a handful of patents covering "the idea of checking financial history before completing a transaction."

  • May 28, 2024

    Catching Up With Delaware's Chancery Court

    Delaware Court of Chancery watchers shifted their focus last week from the courtroom to Dover's legislative hall, as proposed amendments to Delaware's corporate code were finally introduced to state lawmakers. Hearings, decisions and reversals involved Kraft-Heinz, AMC Entertainment and the merger of cryptocurrency companies BitGo and Galaxy. In case you missed it, here's the latest from Delaware's Chancery Court.  

  • May 28, 2024

    Guinness Brewer Beats Appeal In Whiskey Bottle TM Dispute

    The Second Circuit on Tuesday upheld a post-trial order requiring a spirits maker to redesign its bottles after a jury found they dilute Guinness beer maker Diageo's trademark rights for its own whiskey brand.

Expert Analysis

  • This Earth Day, Consider How Your Firm Can Go Greener

    Author Photo

    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Circumstantial Evidence Requires A Pointillist Approach

    Author Photo

    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • How China's IP Proposal Could Affect US Brands' TM Strategy

    Author Photo

    Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.

  • Exploring Patent Trends In Aerospace Electrification

    Author Photo

    As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

    Author Photo

    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

  • The Pros And Cons Of NIST's Proposed March-In Framework

    Author Photo

    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

  • Why Fed. Circ. Should Resolve District Split On Patent Statute

    Author Photo

    A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.

  • Practicing Law With Parkinson's Disease

    Author Photo

    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • When Trade Secret Protection And Nat'l Security Converge

    Author Photo

    The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.

  • Why Incorporating By Reference Is Rarely Good Practice

    Author Photo

    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Series

    Playing Hockey Makes Me A Better Lawyer

    Author Photo

    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Considerations For Evaluating IP Risks In Cannabis M&A

    Author Photo

    Due to the patchwork of state cannabis laws in the U.S., investors and businesses acquiring intellectual property must assess whether a trademark portfolio possesses any vulnerabilities, such as marks that are considered attractive to children or third-party claims of trademark infringement, say Mary Shapiro and Nicole Katsin at Evoke Law.

  • 9th Circ. TM Ruling Expands Courts' Role In Application Cases

    Author Photo

    The Ninth Circuit’s recent ruling in BBK Tobacco v. Central Coast Agriculture is the first time a federal appeals court has explicitly authorized district courts to adjudicate pending trademark applications, marking a potentially significant expansion of federal courts' power, says Saul Cohen at Kelly IP.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

    Author Photo

    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • UK Amazon Ruling Spotlights TM Rights In International Sales

    Author Photo

    Highlighting the conflict between the territorial nature of trademark rights and the borderless nature of the internet, the U.K. Supreme Court's recent decision — that Amazon's U.S. website could infringe EU and U.K. rights by targeting local buyers — offers guidance on navigating trademark rights in relation to online sales, say Emmy Hunt, Mark Kramer and Jordan Mitchell at Potter Clarkson.

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!