Intellectual Property

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • June 12, 2025

    Rising PTAB Filings Follow Surge In Patent Cases

    The number of petitions filed with the Patent Trial and Appeal Board ticked up last year, following a similar increase in federal court litigation and suggesting that activity at the board has somewhat stabilized, according to a new report.

  • June 12, 2025

    Deloitte Consulting Hit With TM Suit Over AI Platform

    A blockchain-focused web platform that offers artificial intelligence tools has launched a lawsuit in New York federal court accusing Deloitte Consulting of infringing its trademark rights with its generative AI services product.

  • June 12, 2025

    Security Co. Drops Trade Secrets Claims Against Contractor

    A Connecticut security monitoring company on Thursday dropped a federal lawsuit alleging that a sales contractor bought a secret list of more than 20,000 clients from a service technician and hatched a plan to sell it to competitors.

  • June 12, 2025

    Judiciary Committee Clears Squires For Full Senate Vote

    The U.S. Senate Judiciary Committee approved former Goldman Sachs intellectual property attorney John Squires to serve as U.S. Patent and Trademark Office director on Thursday, putting his nomination in the hands of the full Senate.

  • June 12, 2025

    NC BBQ Restaurant's Trademark Tiff Lands In Federal Court

    The namesake behind a chain of barbecue restaurants battling over their shared trademark being used on branded sauces has extricated a complaint from the North Carolina Business Court accusing it of Lanham Act violations, saying those claims belong in federal court.

  • June 12, 2025

    Greenberg Traurig Adds IP Atty From Kilpatrick In NY

    Greenberg Traurig LLP has boosted its intellectual property offerings in New York with the addition of an experienced litigator from Kilpatrick Townsend & Stockton LLP.

  • June 12, 2025

    Boies Schiller Recruits 3-Partner Patent Litigation Team

    Boies Schiller Flexner LLP announced Thursday that it has added a team of Spencer Fane LLP partners who specialize in high-stakes patent and trade secrets disputes to its patent litigation team in Washington, D.C.

  • June 11, 2025

    Ex-Google Engineer Loses Bid To Toss AI Espionage Counts

    A California federal judge has refused to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to help startups in China, adding that prosecutors' assertion that the man was trying to benefit the People's Republic of China "as opposed to benefiting himself ... seems dubious."

  • June 11, 2025

    Micron's National Security Arguments Fall Flat At PTAB

    The Patent Trial and Appeal Board has said it will consider patent validity challenges that Micron Technology Inc. and Yangtze Memory Technologies Co. brought against each other, overriding the competing semiconductor companies' efforts to escape scrutiny, including Micron's national security arguments.

  • June 11, 2025

    Stewart Won't Retroactively Apply New PTAB Denial Policy

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has rejected Efficient Power Conversion's request that she apply her new policies on when Patent Trial and Appeal Board petitions should be denied to a case instituted last year that invalidated the company's patent.

  • June 11, 2025

    9th Circ. Backs Reddit Win In WallStreetBets Creator's TM Suit

    The Ninth Circuit on Wednesday refused to revive WallStreetBets subreddit founder Jaime Rogozinski's lawsuit accusing Reddit Inc. of hijacking his creation and infringing his right to trademark the brand, saying in an unpublished opinion that Rogozinski failed to adequately plead ownership over the brand mark.

Expert Analysis

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

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    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling

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    After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Strategies For Litigating In The Unified Patent Court

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    Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 3 Mistakes To Avoid In Service Provider AI Terms

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    Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.

  • DOJ Policy Shifts May Resurrect De Facto 'China Initiative'

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    The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Rebuttal

    Forced Litigation Funding Disclosure Threatens Patent Rights

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    A recent Law360 guest article argued that courts should adopt stronger disclosure requirements for third-party litigation funding, but rather than enabling fairness or transparency, such measures would only undermine patent holders' access to capital and weaken their ability to assert valid patent rights, says Anup Misra at Curiam Capital.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

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    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

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