Intellectual Property

  • March 11, 2024

    3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling

    The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.

  • March 11, 2024

    Jury Hears 'This We'll Defend' Shirts Infringed T-Shirt Co.'s TM

    Chicago-based T-shirt company Grunt Style on Monday urged an Illinois federal jury to hold a California competitor liable for selling shirts featuring the slogan, "This We'll Defend," asserting the competitor's sales constitute willful infringement of a trademark held for more than a decade.

  • March 11, 2024

    Technology Co. Must Face Philips' Patent Infringement Claims

    A Delaware federal judge on Monday denied MediaTek's bid to throw out claims in a suit in which it is accused by Philips of patent infringement, calling MediaTek's attempt to exit the case "scattershot."

  • March 11, 2024

    Fed. Circ. Cuts Down Netflix's Appeal Of Broadcom Patent

    The Federal Circuit on Monday backed the Patent Trial and Appeal Board in finding that an Avago Technologies distributed computing patent was valid, handing a loss to Netflix.

  • March 11, 2024

    Judge Won't Enhance $42.5M Christmas Tree Verdict

    A federal judge in Minneapolis held that evidence of "copying" is not enough to "definitively show egregious infringement" in a dispute over lights used in artificial Christmas trees that led to one of the largest patent verdicts in the history of Minnesota federal court.

  • March 11, 2024

    Fed. Circ. OKs Boston Drug Developer's Patent Win

    A Boston-area biotech developer that has yet to bring a product to market persuaded the Federal Circuit on Monday to affirm a finding by an administrative patent board last year that stripped a smaller Chinese rival of a patent covering a way of using a type of sulfonic acid to potentially treat Alzheimer's disease.

  • March 11, 2024

    Atty-Writer's Suit Against CAA Poised To Move Forward

    An attorney for Creative Artists Agency urged a California judge Monday to rethink his tentative ruling to allow an attorney-turned-writer's suit against the agency to move toward a trial, saying the court's finding of substantial similarity between allegedly stolen script elements and the plaintiff's script threatens writers' creative freedom.

  • March 11, 2024

    Tech, Retail Industries Say No To Patent Eligibility Reforms

    A coalition of tech companies, retailers and tech activist groups lined up on Monday in opposition to the latest legislative effort to limit patent invalidation in the courts, warning that unseating legal precedents over eligibility would lead to a coming "wave of crippling litigation."

  • March 11, 2024

    5th Circ. Revives Dish's Bid To Take Down Arabic TV Site

    The Fifth Circuit has revived Dish Network's suit against a German resident for sharing Arabic-language programming pirated from Dish after finding the defendant purposefully advertises to viewers in the United States.

  • March 11, 2024

    Designer Says USPTO's F-Bomb TM Refusal Is Retaliatory

    An artist and clothing designer who wants to register the F-bomb as a trademark told the Federal Circuit on Monday that the U.S. Patent and Trademark Office is retaliating against him for his role in overturning a ban on immoral or scandalous marks, saying the USPTO is inventing reasons to deny his application.

  • March 11, 2024

    Writers Target Nvidia, Databricks In AI Copyright Litigation

    Several writers have filed a pair of proposed class actions in California federal court that accuse technology-based companies of ripping off their copyright-protected works.

  • March 11, 2024

    Woodsford Affiliate Prevails In Fee Feud With SF Firm

    An affiliate of British litigation funder Woodsford has secured a $1.8 million arbital award and $1.2 million in interest from a San Francisco law firm following the 2019 settlement of a lawsuit against Google, a Delaware federal judge confirmed Monday.

  • March 11, 2024

    EasyGroup Fights Tefal's Bid To Revoke Its 'Easy' TMs

    EasyGroup has hit back at Tefal's claim that its trademarks are invalid and therefore cannot be infringed in an ongoing battle over the French cookware maker's "Easy Fry" air fryers.

  • March 08, 2024

    Cahill Has 'Great Ambitions' To Take IP Litigation By Storm

    Cahill Gordon & Reindel LLP has spent the last year building up a new intellectual property practice, with a veteran of top law firms leading the way and attorneys from White & Case LLP joining the firm earlier this year.

  • March 08, 2024

    Patent Case Over Air Conditioners For Boat Use Sinks At ITC

    The U.S. International Trade Commission has decided that a Swedish manufacturer of air conditioners for use on boats doesn't have a patent case against a handful of rivals based in Florida and China after all.

  • March 08, 2024

    Apple Settles Long-Running Patent Fight With Israeli Startup

    More than six years after an Apple negotiator allegedly told an Israeli startup that "it would take years and millions of dollars in litigation" before the smartphone maker would settle patent infringement accusations involving iPhone lenses, Apple has settled with the startup, now owned by rival Samsung.

  • March 08, 2024

    ITC Clears LKQ, Others In Car Lamp Patent Cases

    The U.S. International Trade Commission has undone administrative findings that Chicago parts maker LKQ Corp. and other companies flouted federal patent law by allegedly importing certain headlights and taillights.

  • March 08, 2024

    New Inventors Get More Time For Patent Pilot Program

    Federal patent officials are giving a yearlong extension to a program that allows smaller inventors who are filing their first patent applications to cut the line for their inventions to be reviewed.

  • March 08, 2024

    Fed. Circ. Argues Judge Newman's Ethics Law Challenge Fails

    A D.C. federal judge must reject suspended U.S. Circuit Judge Pauline Newman's challenge to the Judicial Conduct and Disability Act, as her constitutional arguments are too limited, the Federal Circuit Judicial Council said Friday.

  • March 08, 2024

    $88M Final Judgment Entered In RFID Patent Case

    An Oregon federal magistrate judge has determined that Adasa Inc. is owed about $88.3 million in a case where Avery Dennison was found to infringe a patent on radio frequency identification tags, while also saying Adasa was owed ongoing royalties and interest.

  • March 08, 2024

    EasyGroup Denies Volkswagen's IP Claims Over EV Charging Site

    EasyGroup Ltd. has disputed Volkswagen's claim that a website for electric-vehicle charging stations wrongly used a VW vehicle logo, among other issues, asserting that EasyGroup wasn't responsible for the site and had filed an "easyCharging" trademark in good faith.

  • March 08, 2024

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

    This past week in London has seen Barclays initiate legal proceedings against top Russian private bank JSC Alfa-Bank; Lex Greensill, founder of the collapsed Greensill Capital, suing the U.K.'s Department for Business and Trade; Wikipedia's parent company hit with a libel claim; and a sports journalism teacher filing a data protection claim against Manchester United FC. Here, Law360 looks at these and other new claims in the U.K.

  • March 07, 2024

    Ralph Lauren Settles With Convicted Ga. Fake Polo Dealer

    The parent company of fashion giant Ralph Lauren said Thursday the company has reached a settlement with a convicted seller of counterfeit apparel, ending nearly three years of litigation against the Atlanta-area clothing store owner.

  • March 07, 2024

    Nokia Owes Would-Be Tech Partner $23M Over Oral Deal

    Nokia Solutions and Networks Oy owes telecom company Collision Communications $23 million after reneging on an oral contract to license noise-filtering technology, a New Hampshire federal jury found Wednesday.

  • March 07, 2024

    Caliber Says Ex-Exec's Terms With Predecessor Still Apply

    Caliber Home Loans Inc. has urged a Dallas federal court to reject a former executive's bid to trim a lawsuit accusing him of raiding the company's workforce when he defected for a competitor, arguing that a contract breach claim still stands even though he worked for a predecessor when he signed the contract at issue. 

Expert Analysis

  • 5 Trade Secret Developments To Follow In 2024

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    Recent cases and trends in trade secret law indicate that significant developments are likely this year, and practitioners should be anticipating their impact on the business and legal landscape, say attorneys at Faegre Drinker.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Supreme Court Amgen Ruling's Major Effect On Enablement

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    The U.S. Supreme Court's Amgen v. Sanofi invalidity holding continues to significantly affect technologies and all aspects of the patent system by providing confidence in the Federal Circuit's approach and a clearer understanding on enforceability and the disclosure needed for compliance, say Irena Royzman and Daniel Williams at Kramer Levin.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Fed. Circ. Cellect Ruling Triggers Significant Patent Risk

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    A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • 6 Focus Areas For Companies Managing The Risks Of AI Use

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    To harness the significant and potentially transformative benefits that generative artificial intelligence can confer, companies must establish appropriate oversight and governance, ensure appropriate disclosures, and resolve other regulatory and legal challenges arising from deployment, say attorneys at Shearman.

  • On The Edge: Lessons In Patent Litigation Financing

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    A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.

  • Trends That Tech Lawyers Should Keep An Eye On In 2024

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    Worldwide technology spending is projected to strengthen in 2024, spurred by artificial intelligence-driven solutions, and five areas of growth may affect lawyers' practice in this sector, says Sonia Baldia at Kilpatrick.

  • Copyright And Generative AI Developments To Watch In 2024

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    This year could bring clarity to critical copyright issues raised by the recent surge of development in generative AI platforms, as Congress continues its legislative focus in this area and litigation tests theories of liability, say Joshua Weigensberg and Felicity Kohn at Pryor Cashman.

  • Emerging Risks Affecting The Tech Legal Landscape

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    The tech industry has become a battleground for various legal challenges shaped by geopolitical events, partisan politics, regulatory initiatives, patent disputes and class action trends, but companies can adopt several proactive legal strategies to safeguard their interests, say Natasha Allen and Louis Lehot at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Expect National Security Scrutiny Of Higher Ed To Continue

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    In 2023, the federal government significantly elevated the national security responsibilities of academic communities, so universities and research laboratories should take a more rigorous approach to research partnerships, say attorneys at Crowell & Moring.

  • Medtronic's Cautionary Tale Of Fed. Circ. Word Limits

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    The Federal Circuit's ruling in Medtronic v. Teleflex that Medtronic waived an argument that it had sought to incorporate by reference illustrates the pitfalls facing parties in complex patent cases involving numerous issues that cannot all be addressed within the strict word limits for appellate briefs, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • What One Litigator Learned Serving On A Jury

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    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

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