Intellectual Property

  • April 25, 2025

    PTAB Rejects Petition By Dell, HP, Lenovo Based On Fintiv

    The Patent Trial and Appeal Board has shot down a bid from Dell, HP and Lenovo to review a data transmission patent, citing parallel litigation over the same patent.

  • April 25, 2025

    Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules

    In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.

  • April 25, 2025

    Judge Says FDA Can Take Ozempic Off Shortage List

    A Texas federal judge has sided with arguments from Ozempic maker Novo Nordisk A/S not to block the U.S. Food and Drug Administration from moving forward with an administrative decision stopping "unsafe, knockoff versions" of the blockbuster diabetes and weight loss drug from flooding the market.

  • April 25, 2025

    Meta Rival's Mobile Streaming Patent Suit Trimmed By Judge

    A Washington federal judge has narrowed a lawsuit accusing Meta of stealing mobile streaming application patents from a competing social media platform, deeming some of the targeted concepts abstract and lacking explanation.

  • April 25, 2025

    Motive Cleared Of Infringement In Fleet Monitoring IP Trial

    A California federal jury has cleared Motive Technologies of allegations that it infringed a series of fleet monitoring patents in a case where the presiding judge has ordered further briefing on any patent eligibility issues.

  • April 25, 2025

    Aggressive USPTO Policy Push Suggests 'It's Lutnick's Show'

    U.S. Patent and Trademark Office acting Director Coke Morgan Stewart's three months in charge have featured an unprecedented level of policymaking for an interim leader, suggesting that Secretary of Commerce Howard Lutnick has a vision for the agency and he's not waiting for the U.S. Senate to confirm a new director to pursue it.

  • April 25, 2025

    Ozempic Maker Settles Infringement Claims With Atlanta Clinic

    Novo Nordisk, the pharmaceutical manufacturer behind Ozempic and other weight loss drugs, said Friday it has reached a settlement to end a series of claims that a Georgia anti-aging clinic was using the company's name and reputation to sell off-brand versions of its treatments.

  • April 25, 2025

    Insulet's $452M Trade Secrets Award Reduced To $59.4M

    A $452 million trade secrets jury award for Insulet Corp. has been cut to $59.4 million by a Massachusetts federal judge who said the reduction is necessary to avoid double recovery and to comply with the law, following a trend where courts have reduced large jury awards in trade secret cases.

  • April 25, 2025

    Houston Texans Accused Of Infringing Ticketing Patent

    The Houston Texans are accused of infringing patented technology for a ticketing service that allows users to buy tickets for sporting events based on individual players' probability of appearing in a match.

  • April 25, 2025

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

    This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.

  • April 24, 2025

    DC Comics Gets Judge To Toss Superman IP Suit

    A New York federal judge on Thursday tossed a copyright infringement suit that a nephew of late Superman co-creator Joseph Shuster lodged against DC Comics on behalf of his uncle's estate ahead of a July film release on the iconic superhero, saying the court lacked jurisdiction over the case.

  • April 24, 2025

    PCMag, Mashable Publisher Latest To Sue OpenAI Over IP

    Ziff Davis, the publisher behind digital publications like PCMag, Mashable and Everyday Health, on Thursday became the latest media company to launch a lawsuit accusing OpenAI of ripping off copyrighted content to train its artificial intelligence products.

  • April 24, 2025

    DC Circ. Fears Newman Atty Would Impeach Disabled Judges

    The attorney fighting Federal Circuit Judge Pauline Newman's suspension alarmed the D.C. Circuit on Thursday when he argued that judges can only have their work taken from them if they voluntarily resign or are impeached.

  • April 24, 2025

    Samsung Wants Acting USPTO Director To Eye PTAB Denials

    Samsung has asked the U.S. Patent and Trademark Office's acting director to review several discretionary denial decisions from the patent board, arguing that the rulings were unfair because they came down "the very same day" the patent office changed how those rulings are supposed to be evaluated.

  • April 24, 2025

    Houston Law Firm Settles Firefighter Photo Copyright Dispute

    A photographer suing a Houston personal injury law firm over using a photo of a firefighter without allegedly paying for it said Thursday that the parties have agreed to settle the case.

  • April 24, 2025

    AI Patents Face Eligibility Hurdles After 1st Fed. Circ. Case

    The Federal Circuit's first-ever patent eligibility decision involving machine learning made clear that using artificial intelligence technology to make a task faster or more efficient is not sufficient, while leaving uncertainty about what type of technical improvements would pass muster, attorneys say.

  • April 24, 2025

    Ex-Curaleaf Director Escapes Suit Over Info Sharing, For Now

    A Colorado federal judge dismissed, for now, allegations that the former operations director of Curaleaf Inc. violated a confidentiality agreement and shared information with a onetime business partner, ruling Thursday the court lacked jurisdiction since the defendant didn't live in the state, rarely traveled to the state and worked remotely.

  • April 24, 2025

    Samsung, Google PTAB Challenges Denied Due To EDTX Trial

    The Patent Trial and Appeal Board shot down requests from Google and Samsung to review a pair of voice command patents, pointing out that a trial is set for later this year in parallel infringement litigation against Samsung.

  • April 24, 2025

    Judge's Order For More Changes Puts NCAA Deal In Jeopardy

    The California federal judge overseeing the $2.78 billion settlement between the NCAA and college athletes seeking compensation remained unsatisfied with the NCAA's insistence on roster limits she considers unfair to class members, so much so that she gave the sides two weeks to resolve the issue or risk having the settlement tossed and sent back to litigation.

  • April 24, 2025

    Fed. Circ. Won't Let Fortnite Maker Run Back PTAB Fights

    Epic Games failed to persuade a Federal Circuit panel on Thursday to undo the patent board's rejection of the video game company's efforts to invalidate patents that Fortnite's in-game communication programs were accused of infringing.

  • April 24, 2025

    Fed. Circ. Dunks Appeal Over Swimming Pool Design Patent

    The Federal Circuit on Thursday refused to revive allegations that Latham Pool Products infringed a swimming pool design patent, affirming a Tennessee federal court's finding that the patented design and the accused pool were clearly distinct.

  • April 24, 2025

    Fed. Circ. Backs Samsung Win In Power Converter IP Fight

    The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's decision that two patents related to voltage switching power converters are invalid, handing a win to challengers including Samsung and Dell.

  • April 24, 2025

    NY IP Lawyer Failed To Pay PPP Loans, Philly Bank Says

    A Syracuse, New York, patent lawyer who maintains a whimsical, rainbow-filled website has been sued by a Philadelphia-based bank for allegedly not paying back a nearly $15,000 Paycheck Protection Program loan he received through the bank.

  • April 24, 2025

    Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name

    The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.

  • April 24, 2025

    NC Court Denies Athletes In NCAA Antitrust Suit Interim Relief

    A North Carolina Business Court judge denied a preliminary injunction sought by four college football players in their suit against the National Collegiate Athletic Association seeking an additional year of eligibility, one of their attorneys confirmed Thursday.

Expert Analysis

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • Fed. Circ. Inherency Ruling Refines Obviousness Framework

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    The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • Lessons From The Pharma Industry On Patent Cliffs

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    In the next five years, patents for drugs that have generated billions in global sales are set to expire, and companies that view this imminent patent cliff as an opportunity for strategic renewal rather than a challenge will be best positioned to maintain market leadership, says Keegan Caldwell at Caldwell Law.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

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