Intellectual Property

  • September 16, 2024

    DraftKings, FanDuel Sued Over Use Of MLB Player Images

    Sports betting giants including DraftKings and FanDuel have been using photographs of MLB players to promote sports betting offerings despite knowing they do not have such rights, a division of the Major League Baseball Players Association alleged in separate lawsuits filed Monday in Pennsylvania and New York.

  • September 16, 2024

    Kimberly-Clark Loses EPO Bid For Moist Wipe Patent

    Kimberly-Clark Corporation, a personal care manufacturer known for its brands Andrex and Huggies, has lost its appeal at the European Patent Office for its wet wipes, with the authority finding that the product lacked an inventive step and did not sufficiently disclose any invention.

  • September 16, 2024

    Bosch Loses Fight For Machine-Learning Patent At EPO

    Bosch has failed to persuade the appellate panel at a European patent authority that its machine-learning invention warrants patent protection, as officials rejected arguments by the German engineering and technology giant that the current patent system is incompatible with modern AI-based inventions.

  • September 16, 2024

    Philips Hits Belkin With EU Injunction Over Wireless Charging

    Dutch conglomerate Philips has won an injunction against Belkin at the Unified Patent Court, as Philips convinced the court that the German technology company should be barred from selling products that infringe its patent.

  • September 16, 2024

    CoStar Subscriber Settles Suit Over Property Records Access

    Real estate data and analytics provider CoStar Group Inc. has reached a deal with former subscriber Leon Capital Group LLC to settle its claims that Leon downloaded property records from CoStar's database that it was not authorized to access, in a deal that permanently bars Leon Capital from accessing CoStar's data without authorization.

  • September 16, 2024

    McCarter & English's Misstatement Won't Nix Malpractice Win

    A New Jersey state judge has refused to toss his decision dismissing a biotechnology company's legal malpractice lawsuit against McCarter & English LLP, finding that the firm's misstatement about the chronology of earlier litigation — repeated in the judge's opinion — did not warrant reviving the case. 

  • September 16, 2024

    Market Researcher Denies Infringement In 'HarrisX' TM Fight

    Market researcher Stagwell has hit back against a claim from Toluna Holdings Ltd., denying allegations that it had infringed its competitor's copyright by using the word "Harris" in its logo and hitting back in a counterclaiming accusing Toluna of bringing the case in bad faith.

  • September 15, 2024

    'Hold On,' Don't Play Me: Court Says Trump Can't Use Song

    Former President Donald Trump and his campaign cannot use the Isaac Hayes-penned song "Hold On, I'm Comin'" at future campaign events, a federal court in Georgia has ruled.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • 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.

Expert Analysis

  • Fed. Circ. Resolves Post-AIA Question On Prefiling Activity

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    For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Fed. Circ. Patent Ruling Clarifies Section 101 Procedures

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    The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Foreign Threat Actors Pose Novel Risks To US Tech Cos.

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    A recent bulletin jointly issued by several U.S. intelligence agencies warns technology startups and the venture capital community about national security risks posed by foreign threat actors, so companies interested in raising foreign capital should watch for several red flags, say Robert Friedman and Jacob Marco at Holland & Knight.

  • Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling

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    The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Leveraging Policy Changes To Achieve AI Patent Eligibility

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    With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • 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.

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