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Intellectual Property
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June 13, 2025
Microsoft Settles Email Encryption Patent Case Ahead Of Trial
Microsoft reached a deal to end a software developer's 2022 patent infringement lawsuit targeting its email encryption feature, the parties have told a federal judge in Washington state, a few days before the case was set to reach trial Monday.
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June 13, 2025
9th Circ. Renews Copyright Claims In Software Cos. Fight
A Ninth Circuit panel has partially revived an intellectual property dispute between software companies Cloanto Corp. and Hyperion Entertainment, ruling that the lower court erred in tossing Cloanto's copyright claims while correctly axing its breach of contract claim.
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June 13, 2025
OpenAI, Altman Slam Attempt To Block 'IO' Name
OpenAI and its CEO Sam Altman have fired back at technology company IYO Inc.'s effort to bar their use of the IO Products Inc. name, arguing its claims are "insufficiently ripe" as the company hasn't provided evidence of the name being used in commerce or the likelihood of confusion.
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June 13, 2025
Red Hat Keeps Suit Against Software Patent Owner Alive In NC
A North Carolina federal judge has refused to dismiss a lawsuit accusing a Texas-based patent owner of trying to extort a license from software company Red Hat Inc., finding the court has authority to hear the dispute.
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June 13, 2025
Ga. Medical Co. Accused Of Infringing Swedish Co.'s Patents
A Swedish medical device company has sued Georgia-based MedWay Group Inc. in federal court for allegedly infringing its patents for foam dressings used in wound care and management.
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June 13, 2025
Trump Org. Seeks 'T1' Trademark For Phones, Telecom Services
The entity that handles trademarks for the Trump Organization has filed an application to use "T1" on cellphones and other products, according to a filing with the U.S. Patent and Trademark Office.
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June 13, 2025
Cisco Unit Beats Infringement Suit Over Authentication Patent
A federal jury in Delaware on Friday cleared Cisco-owned security software company Duo Security Inc. of allegations it infringed a patent covering verification technology while also finding that the claims at issue were invalid.
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June 13, 2025
MrBeast's Ex-IT Worker Denies Trade Secret Theft Allegations
A former IT employee of YouTube personality Mr. Beast asked a North Carolina federal court to dismiss a lawsuit accusing him of stealing trade secrets before his firing, arguing Friday that the complaint against him fails to allege that he has disclosed or used any confidential documents.
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June 13, 2025
Exxon Faces Suit Over Oil And Gas Well Stimulation Patent
Texas-based Renascent Energy Holdings LLC has accused Exxon Mobil Corp. of infringing a patent by using methods to operate and stimulate oil and gas wells.
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June 13, 2025
Fed. Circ. Remands Wine Trademark Dispute To TTAB
The Federal Circuit on Friday revived a challenge that Chateau Lynch-Bages' launched against an application for a trademark with a similar name to the chateau's second-label Bordeaux wine, saying the Trademark Trial and Appeal Board must take another look.
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June 13, 2025
2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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June 13, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Tottenham Hotspur FC kick off against Manchester United co-owner Ineos Automotive following a soured sponsorship deal, Acer and Nokia clash over patents for video coding technology, and two investors reignite litigation against the founders of an AI exercise bike business that unlawfully pocketed $1.2 million in investments to fund their own lifestyles. Here, Law360 looks at these and other new claims in the U.K.
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June 12, 2025
Neb. Accuses Temu Of 'Siphoning' User Data, Fueling IP Theft
Chinese bargain-shopping app Temu is unlawfully gathering sensitive information from minors and other customers through secretly installed malware and is allowing intellectual property infringement to "thrive" on its platform, Nebraska's attorney general alleged in a sweeping new lawsuit.
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June 12, 2025
Lawmakers Draw Battle Lines Over Future Of NCAA Oversight
Following the approval of a $2.78 billion settlement giving college athletes access to a groundbreaking revenue sharing system, lawmakers are beginning the delicate process of deciding how to best regulate and manage a new era of college sports.
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June 12, 2025
Mitek's Bid To Be Cleared On USAA Patents Fails At Fed. Circ.
The Federal Circuit on Thursday barred banking software company Mitek Systems from seeking a declaration that it doesn't infringe United Services Automobile Association's mobile check-deposit patents, saying Mitek has not shown that it is likely to be sued.
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June 12, 2025
8th Circ. Upholds Block On Minn. Generic-Drug Price Law
The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.
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June 12, 2025
Fantasy Sports Site Claims Ex-Director Took IP To DraftKings
Fantasy sports platform PrizePicks is suing its former social media director in Washington federal court over his lateral move to DraftKings, accusing him of taking the company's "most closely guarded" marketing trade secrets to the competitor by downloading those documents to his personal ChatGPT account before his departure.
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June 12, 2025
PNC Gets Fed. Circ. To Undo Its $223M Patent Loss To USAA
The Federal Circuit on Thursday wiped out two jury verdicts totaling nearly $223 million that United Services Automobile Association won against PNC Bank on mobile check deposit patents, finding the patents cover only abstract ideas.
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June 12, 2025
Panasonic Can't Get Fees After $1 Touchscreen Tech Loss
A Michigan federal judge on Thursday ruled that Panasonic can't collect nearly $318,000 in legal fees after Panasonic unit Sanyo North America Corp. was found to be on the hook for $1 in damages earlier this year to electronics company Oldnar Corp. for wrongly using its touchscreen technology to develop a vehicle console for General Motors.
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June 12, 2025
USPTO Tells Fed. Circ. Not To Review Ruling In Xencor Case
The U.S. Patent and Trademark Office has found that the full Federal Circuit doesn't need to review a decision rejecting Xencor Inc.'s application for an antibody patent, saying that a panel of the appellate court applied the right standard.
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June 12, 2025
Ga. Financial Biz Lodges Trade Secrets Suit Against Rival
Atlanta Deferred Exchange Inc. has sued Deferred Inc. and a former employee who now works for the rival company, claiming they infringed trademarks and lifted trade secrets to bolster the competing financial advisory and consultancy business.
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June 12, 2025
These Firms Are Landing The Most PTAB Work
Intellectual property powerhouse Fish & Richardson again secured the top spot on a list of firms appearing in the most trials over the past three years in front of the Patent Trial and Appeal Board.
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June 12, 2025
10th Circ. Says Timer Still Ticking In Sycamore Bakery TM Suit
The Tenth Circuit on Thursday backed a lower court decision shooting down a bid to terminate an order requiring the patriarch of a bakery business to hand over his portion of an LLC as part of a long-running feud with EarthGrains Baking Cos. Inc.
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June 12, 2025
Athletes Revive Title IX Objections In NIL Settlement Appeal
Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.
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June 12, 2025
Nutrien Says Ex-Employee Helped NC Rival Steal Office, Staff
The retail arm of global fertilizer company Nutrien Ltd. has accused a former crop consultant of swiping its trade secrets before decamping for a rival, saying in a federal lawsuit that he colluded with his new employer to hijack a branch office, its staff and its customers.
Expert Analysis
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.