Intellectual Property

  • September 30, 2022

    Xerox Cleared In Printer Patent Case In NY

    A New York federal judge handed Xerox Corp. a win in a suit claiming the company infringed a series of printer technology patents owned by a youth sports company after finding some of the patents weren't valid to start with.

  • September 30, 2022

    Russia Sanctions Reach Expands After Annexation

    U.S. government agencies added over 300 individuals and entities to export and financial sanctions lists Friday in response to Russia's annexation of four regions in Ukraine, and warned Moscow's supporters of their ability to pursue sanctions farther abroad.

  • September 30, 2022

    Law360's The Term: A New Normal For The Supreme Court?

    As the U.S. Supreme Court prepares for the 2022-2023 term with a slate of new blockbuster cases, the fallout from last term's Dobbs decision and its leaked draft is still reverberating. And while pandemic-era restrictions at the court are loosening, the hosts discuss with veteran court reporter Amy Howe what kind of "new normal" to expect at the high court.

  • September 30, 2022

    No Signs Of Supreme Court's Conservatives Slowing Down

    The U.S. Supreme Court's last term was considered by many to be the most consequential in a generation as the court's conservative justices delivered key victories on abortion and guns. But one quick glance at the new term's docket suggests this new supermajority has only just begun shifting the law to the right.

  • September 30, 2022

    How Well Do You Know Supreme Court History?

    As the U.S. Supreme Court kicks off its October 2022 term, it's the perfect time to dive into the court's history. Law360 will try to stump you with this 10-question quiz about the court. 

  • September 30, 2022

    From Refugee To Bar Prez, IP Atty Is 'Voice To The Community'

    Nearly a half-century after fleeing Vietnam following the fall of Saigon, Greenberg Traurig LLP shareholder Chinh Pham has kicked off a one-year term as president of the Boston Bar Association, becoming the first Asian American to hold the post as he looks to push forward diversity, equity and inclusion initiatives.

  • September 30, 2022

    ArentFox Schiff Nabs Burns & Levinson IP Pro In Boston

    ArentFox Schiff LLP has added a patent veteran to its intellectual property litigation practice in Boston, the firm announced this week.

  • September 30, 2022

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

    The past week in London has seen German software company Topalsson face a breach of contract claim from law firm CMS, Pfizer and BioNTech look for the cure to their patent woes in a claim against Moderna, and Alaska Airlines ready for departure in a commercial contracts claim against Virgin Aviation. Here, Law360 looks at these and other new claims in the U.K.

  • September 30, 2022

    Justice Ketanji Brown Jackson Takes Bench, Makes History

    Justice Ketanji Brown Jackson received her official commission Friday in a ceremony attended by President Joe Biden and Vice President Kamala Harris, becoming the first Black female justice to take the nation's top bench in its 230-year history.

  • September 29, 2022

    FTC Accuses Pesticide Giants Of 'Pay-To-Block' Scheme

    The Federal Trade Commission and a group of states on Thursday accused major pesticide manufacturers Syngenta and Corteva of paying distributors to block competitors from selling their cheaper generic pesticide products to farmers, according to a complaint filed in North Carolina federal court.

  • September 29, 2022

    LinkedIn Spied On Rivals To 'Take Them Out,' Judge Told

    LinkedIn urged a California federal judge Thursday to grant it summary judgment in a recruiting startup's unfair competition lawsuit over access to public information on its website, while the startup countered that LinkedIn spied on it for years before leading it and other competitors "down the path to take them out."

  • September 29, 2022

    IP Forecast: Philip Morris Looks To Snuff Out ITC Ban

    Two of the largest tobacco companies in the world head to the Federal Circuit to fight over a ban R.J. Reynolds won at the U.S. International Trade Commission that blocked Philip Morris from importing IQOS-branded heated tobacco products into the U.S. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 29, 2022

    Monster Wins $293M Verdict Against VPX In False Ad Trial

    A California federal jury awarded Monster Energy Co. nearly $293 million and teed up possible enhanced and punitive damages Thursday after finding Vital Pharmaceuticals Inc. and its CEO falsely advertised the "super creatine" ingredient of Bang energy drink, handing Monster a potentially record-breaking verdict following the monthlong trial.

  • September 29, 2022

    Lululemon Dodges Peloton Suit As Part Of Patent Fight

    A New York federal judge has thrown out Peloton's lawsuit that sought a court order saying it didn't rip off Lululemon's design patents for leggings and sports bras, finding that the exercise equipment company's lawsuit was a wrongly filed "anticipatory" case.

  • September 29, 2022

    Skechers Accuses Foreign Cos. Of Selling Counterfeit Shoes

    Skechers launched trademark infringement claims in Illinois federal court Thursday accusing a group of foreign businesses of selling counterfeit walking shoes and other products to unwitting customers through interactive websites that unlawfully trade on the brand's familiarity and reputation.

  • September 29, 2022

    Bipartisan Group Aims To Halt 'Downward' Slide Of IP System

    Former U.S. Patent and Trademark Office directors, Federal Circuit judges and a U.S. Chamber of Commerce official kicked off a new bipartisan coalition this week that aims to counter misinformation they say has led to the steady erosion of the U.S. intellectual property system.

  • September 29, 2022

    Ed Sheeran Must Face 'Thinking Out Loud' Copyright Suit

    Ed Sheeran can't escape a copyright lawsuit over claims that he ripped off his 2014 hit "Thinking out Loud" from Marvin Gaye's iconic "Let's Get It On," with a New York federal judge saying on Thursday that key questions involving the songs' similarities should be left to a jury to decide.

  • September 29, 2022

    Barstool Sports Infringed Harambe Photo Copyright, Suit Says

    The Barstool Sports digital media company was hit with a copyright infringement lawsuit in California federal court Wednesday for publishing photos of the late gorilla Harambe, who became a popular meme after a child fell into his enclosure.

  • September 29, 2022

    Adhesive Maker Says Ex-Employee Stole Product Formulas

    Industrial adhesive maker H.B. Fuller Co. is suing a former employee who the company claims took trade secrets with him when he left to work for an Indian competitor.

  • September 29, 2022

    High Court Halts Generic Gilenya As Novartis Appeals IP Loss

    The U.S. Supreme Court has blocked for now the mandate of a recent Federal Circuit decision that a Novartis Pharmaceuticals patent covering multibillion-dollar multiple sclerosis drug Gilenya is invalid.

  • September 29, 2022

    Judge Axes Tech Patent On Prescription Drug Plan Selection

    An Ohio federal judge has tossed digital health care company Truveris' infringement suit against a rival over a system for selecting a prescription drug plan, invalidating the asserted patent upon finding it is directed toward an abstract idea.

  • September 29, 2022

    Idaho Backs Law Against Patent Filing Abuse In Micron Row

    Idaho has urged a federal judge not to throw out Micron Technology's suit alleging that a patent holding company asserted bad faith infringement claims, saying the state's law to deter so-called patent trolls is "well within the police powers" afforded by the constitution.

  • September 29, 2022

    Fed. Circ. Affirms PTAB Save Of Merck Diabetes Drug Patent

    The Federal Circuit has backed the Patent Trial and Appeal Board's decision to uphold a patent on Merck's blockbuster diabetes drug Januvia, the latest decision in a broader fight between Merck and patent challenger Mylan Pharmaceuticals.

  • September 29, 2022

    Freight Broker Slips Delta-8 Vape Co. Knockoff Suit For Now

    A freight broker has for now escaped claims that it is part of an alleged multimillion-dollar "counterfeit network" producing knockoff Cake brand Delta-8 THC vaping products after a California federal judge ruled that the accusations are simply conclusory at this point.

  • September 29, 2022

    Target Beats Copyright Suit Over Autistic Teen's Artwork

    Target has convinced a Minnesota federal judge to throw out a copyright lawsuit filed by an autistic teen's mother who claimed that the retail giant ripped off her son's artwork for a design in its Cat & Jack children's clothing line.

Expert Analysis

  • FOIA Ruling Yields New Argument For Challenging Exemption

    Author Photo

    The Second Circuit recently became the first appellate court to address the 2016 FOIA Improvement Act's impact on a key exemption of the Freedom of Information Act, providing FOIA requestors with a new argument to challenge exemption claims that are based on confidentiality and competitive harm, and requiring courts to assess the credibility of such claims, say attorneys at Crowell & Moring.

  • Tips For Experimental-Use Agreements To Avoid On-Sale Bar

    Author Photo

    After the Federal Circuit's recent finding in Sunoco v. U.S. Venture that the experimental-use exception to the on-sale bar to patentability did not apply, drafters of agreements documenting experimental use can consider seven do's and dont's, say attorneys at BCLP.

  • Legal Considerations As The Metaverse Goes Mainstream

    Author Photo

    Shifts in technology, digital commerce and culture are all reaching a critical mass where market adoption of a metaverse seems possible — and there are many legal issues for companies to consider in these environments, from intellectual property protection to privacy and content regulation, say Ashlin Perumall and Francis Donnat at Baker McKenzie.

  • Learning From Trump And Bannon Discovery Strategies

    Author Photo

    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • How To Minimize Risk When Launching Smart Medical Devices

    Author Photo

    Prior to launching a smart medical device, there are several critical steps that companies can take in order to protect their intellectual property, get approval from the U.S. Food and Drug Administration and ensure the safety of their data, say attorneys at Crowell & Moring.

  • Determining Assignor Estoppel After Hologic Patent Ruling

    Author Photo

    Assignor estoppel can be a significant issue for patent defendants because it removes the invalidity defense, and the Federal Circuit's ruling last month that Minerva can't invalidate a Hologic patent for which its own founder was an inventor sheds light on how assignor estoppel will be applied going forward, says Jacob Zweig at Turner Boyd.

  • When To Acquire Life Rights In Biographical Content Battle

    Author Photo

    With media companies' unprecedented appetite for content, there has been an uptick in biopics — and as filmmakers pull from the never-ending well of true stories, they should weigh legal considerations for and against buying rights to develop content based on someone's life, says Christian Simonds at Reed Smith.

  • Potential Benefits Of Adding Attorney Fee-Shifting At The ITC

    Author Photo

    If Congress authorized the U.S. International Trade Commission to award attorney fees to the prevailing party in exceptional cases, it could improve notoriously expensive ITC proceedings and might deter entities from filing or maintaining meritless cases, say attorneys at Ropes & Gray.

  • The State Of The College Athletics NIL Revolution

    Author Photo

    In the last year, a drastically new landscape has opened up for student-athlete compensation since the Alston U.S. Supreme Court decision and the NCAA's policy change on sponsor partnerships — with football and basketball players generating the most revenue and women securing some of the largest name, image and likeness deals, says Paul Greene at Global Sports Advocates.

  • The Risks In Lateral Hiring, And How To Avoid Them

    Author Photo

    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • Patent Eligibility Reform May Require A Legislative Approach

    Author Photo

    The U.S. Patent and Trademark Office's recent decision to revisit its 2019 subject matter eligibility guidance may not mean much, and those seeking changes to patent eligibility may be best served by looking for a legislative solution and by addressing each industry separately, says Vincent Shier at Haynes and Boone.

  • Ruling Highlights GDPR Best Practices In US Discovery

    Author Photo

    A Texas federal court's recent patent ruling in Arigna v. Nissan shows how U.S. litigants can comply with the European General Data Protection Regulation through proactive communication with opposing counsel, timely production and arguments against disclosures, all while continuing to protect sensitive information, say attorneys at Finnegan.

  • Judges Who Use Social Media Must Know Their Ethical Limits

    Author Photo

    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Jay-Z Case Offers A Lens To View Evolving Right Of Publicity

    Author Photo

    Headed to trial in California federal court, Jay-Z's lawsuit against photographer Jonathan Mannion illustrates how the right of publicity must evolve alongside societal and technological advancements as the concepts of privacy and publicity are continually redefined, says Erin Huntington at Nixon Peabody.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

    Author Photo

    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!