Intellectual Property

  • September 27, 2022

    Justices Urged To Allow Suits On Patents Axed By PTAB

    A company founded by jump rope world champion Molly Metz is urging the U.S. Supreme Court to overturn Federal Circuit precedent that bars infringement suits over patents invalidated by the Patent Trial and Appeal Board.

  • September 27, 2022

    High Court Asked To Revive Sony Music Copyright Suit

    A music producer has urged the U.S. Supreme Court to take up his axed copyright suit against Sony Music over the beat for rapper Bryson Tiller's song "Exchange," arguing that the Ninth Circuit wrongfully held that it lacked subject matter jurisdiction on his music infringement claims.

  • September 27, 2022

    Ex-Manager Can't Use Price Data Taken From NC Security Co.

    A onetime manager for a North Carolina security installation firm accused of stealing trade secrets when he decamped for a competitor has been barred from using that information or going after former clients, according to an order from the state business court Monday.

  • September 27, 2022

    TikTok And Triller Drop Video Patent Suits After PTAB Ruling

    TikTok and rival social media platform Triller have dropped separate patent suits lodged against each other over video creation technology, several months after Triller's patent was invalidated by the Patent Trial and Appeal Board.

  • September 27, 2022

    Fed. Circ. Finds Fault With PTAB Invalidation Of Food Slicer IP

    A Federal Circuit panel on Tuesday found several errors in a Patent Trial and Appeal Board determination that Weber Inc. showed the bulk of claims in a Provisur Technologies Inc. food slicer patent were invalid, vacating the board's unpatentability determination and sending the case back for further proceedings.

  • September 27, 2022

    BioNTech And Pfizer Want CureVac COVID Patents Nixed

    BioNTech and Pfizer have asked a London court to invalidate two European patents for a rival's COVID-19 vaccine technology, bringing an international patent spat between the companies to the U.K.

  • September 27, 2022

    Keurig Slams Rival's 'Flawed' Bid To Duck Trade Secrets Case

    Keurig told a Massachusetts federal judge that SharkNinja is trying to sweep a trade secrets suit under the rug by ignoring the complaint's allegations and the plain language of a former executive's noncompete agreement.

  • September 26, 2022

    Pandora Says Lewis Black, Agency Part Of Antitrust 'Cartel'

    Pandora Media LLC, facing comedians' copyright infringement claims, on Monday hit back at irascible comic Lewis Black and licensing agency Spoken Giants LLC with antitrust counterclaims, saying they are part of a "cartel" seeking to monopolize the licensing of comedians' recorded performances.

  • September 26, 2022

    Amazon Sellers Ripping Off Mary Kay's Trademarks, Suit Says

    Digital storefronts on Amazon are selling used and expired cosmetics with Mary Kay trademarks on them without consent of the cosmetic giant, it said in a trademark infringement suit in Texas federal court Monday.

  • September 26, 2022

    Women At Ford, GE Outliers In Top Cos.' Wide IP Gender Gap

    The percentage of patents by women inventors at Ford, GE and AT&T surpasses the percentage of women in technical jobs there, a ratio more than two dozen top innovating companies couldn't match, according to a new study from a law professor and key political adviser.

  • September 26, 2022

    Security Co. Can't Dodge Rival's Trade Secrets Suit

    A North Carolina federal judge won't toss a security services company's trade secrets suit against a competitor over the employment of a former executive, ruling Tuesday that it is too early to tell whether a restrictive covenant at issue is enforceable in the state.

  • September 26, 2022

    Fed. Circ. Won't Ship Luggage Patent Suit From Texas To Fla.

    The Federal Circuit won't let Swiss company Wenger transfer a high-tech luggage patent suit against it out of Texas to Florida, the third time the company has been blocked from moving the case because no party involved is based in the Sunshine State.

  • September 26, 2022

    Eli Lilly Off The Hook In Trade Secrets Suit Over Migraine App

    A North Carolina federal judge on Monday dismissed a suit against Eli Lilly over allegations that the pharmaceutical giant stole an app developer's confidential information to launch a rival migraine tracking app, ruling that the claims are preempted by Indiana's Uniform Trade Secrets Act.

  • September 26, 2022

    'Friday The 13th' Writer Wins $887K Atty Award

    A Connecticut federal judge has awarded screenwriter Victor Miller nearly $887,000 in attorney fees in litigation over the rights to his "Friday the 13th" script, even though he sought $1.18 million.

  • September 26, 2022

    Two Funds Seek Invidior Antitrust Docs In Securities Case

    Two municipal retirement funds asked a Pennsylvania federal court for permission to intervene in a case accusing pharmaceutical firm Indivior PLC of monopolizing the market for the opioid addiction treatment suboxone so that the funds can obtain material for use in a securities case over the alleged conduct.

  • September 26, 2022

    USPS Hit With Ex-Contractor's $500M Trade Secrets Suit

    The U.S. Postal Service wrongly terminated a contract with a third-party reseller after the post office launched its own e-commerce platform and also allegedly swiped the company's confidential business knowledge, according to a lawsuit in Utah federal court.

  • September 26, 2022

    Harper Lee Estate Must Pay $2.6M Arb. Award In IP Row

    An Illinois federal judge has confirmed a $2.6 million arbitral award against author Harper Lee's estate in a publishing company's copyright dispute over a theatrical adaptation of "To Kill a Mockingbird," ruling that it's not necessary to wait and see if an arbitrator raises the fee amount in remanded proceedings.

  • September 26, 2022

    Dallas' Munck Wilson Opens South Florida Office

    The Dallas-based technology firm Munck Wilson Mandala LLP announced Monday that it launched a South Florida office meant to serve as the easternmost hub for global business services.

  • September 26, 2022

    Lewis Brisbois Sues Lewis Brisbois In Texas Name Spat

    Lewis Brisbois, the 1,600-lawyer BigLaw behemoth that's been around since the Carter administration, is suing Lewis Brisbois, a "mediation and related services" business registered in May to a UPS Store address outside Houston.

  • September 26, 2022

    Netflix Ends IP Fight Over 'Unofficial Bridgerton Musical'

    Netflix has settled a copyright and trademark infringement suit against a Grammy award-winning songwriting duo over their stage show, which the streaming giant alleged in a suit filed just shy of two months ago had ripped off its original hit series "Bridgerton."

  • September 26, 2022

    NYC Denied Default Judgment In Cannabis TM Case

    A federal judge has denied New York City's bid for default judgment against a man behind a cannabis-apparel brand over allegations that he copied city marks.

  • September 23, 2022

    Musk's Dim View Of Patents Ignores Reality For Most Cos.

    Tesla and SpaceX CEO Elon Musk recently declared that "patents are for the weak," and while that mindset might make some sense for the billionaire entrepreneur given the industries he works in, shunning patents is a risky strategy for most other companies, experts say.

  • September 23, 2022

    SG Office Urges High Court To Clarify Lanham Act's Reach

    Solicitor General Elizabeth Prelogar urged the U.S. Supreme Court on Friday to weigh in on the jurisdictional reach of U.S. trademark law in a $113 million trademark case over radio control systems that could determine whether the Lanham Act's scope extends outside the U.S.

  • September 23, 2022

    Treasure Hunter Seeks Redo Of IP Suit Coverage Dispute

    An underwater treasure hunter requested that a Washington federal judge reconsider granting insurance coverage in an underlying lawsuit over his stalled hunt for gold from an early 20th-century Alaskan shipwreck.

  • September 23, 2022

    VPX Can't Present Favorable Monster Survey To False Ad Jury

    A California federal judge denied a last-ditch effort Friday by Vital Pharmaceuticals Inc. to present survey information during closing arguments in a trial over Monster Energy Co.'s allegations that Vital engaged in false advertising, saying that while his pretrial ruling on the issue could have been clearer, the information is still inadmissible.

Expert Analysis

  • Formulation Patent Strategies Carry Untapped Potential

    Author Photo

    The traditional formulation patent protections often associated with personal care products can and should extend to broader usages, from vaccines to 3D printers, and five strategies can help businesses to leverage this tool, says Tamsen Barrett at Norton Rose.

  • Calif.'s Organic Cannabis Program: Issues And Opportunities

    Author Photo

    As consumers drive demand for clean cannabis, California is ramping up its program to certify certain cannabis goods with a comparable-to-organic seal, offering companies an opportunity to compete in a crowded marketplace and with purveyors of federally legal products like hemp, say attorneys at the Law Offices of Omar Figueroa.

  • Law Of The Case Is More Nuanced Than You May Think

    Author Photo

    The recent Seventh Circuit decision in Flynn v. FCA highlights how frequent misconceptions about the law of the case doctrine are, and suggests that litigants should take a hard look at the key qualifications — and quirks — of this narrow and discretionary doctrine before relying on it as a silver bullet, says Michael Soyfer at Quinn Emanuel.

  • Metaverse Presents IP Protection Challenge For Brand Owners

    Author Photo

    In any new trademark filing, brand owners should consider securing protection in the 3D virtual world of the metaverse, where the risks of third-party infringements and damage to brands present a significant challenge that could spill over to the real world, says Kate Ellis at Konexo.

  • Beware Arguments Based On Implicit Claim Constructions

    Author Photo

    The Federal Circuit's recent Wireless Protocol Innovations v. TCT Mobile decision shows the importance of diligent assessment of opposing arguments to determine whether they implicate unproposed claim constructions, says Derrick Carman at Robins Kaplan.

  • Engage Associates At Orientation With Thoughtful Activities

    Author Photo

    The pandemic has driven home the dangers of taking associate talent for granted, and law firms should consider five types of orientation activities that give new employees a greater sense of belonging, set the tone at the outset for a long career and influence attitudes toward the firm, says Joseph Gerstel at GetSomeClass.

  • How Will UK Address AI Patent Infringement?

    Author Photo

    As artificial intelligence-related patent litigation activity inevitably approaches, a review of U.K. principles of direct and indirect liability offers insight into how courts may address questions involving cloud-based technology and arguments related to training AI models, say Alexander Korenberg at Kilburn & Strode and Toby Bond at Bird & Bird.

  • Evidence Rule Changes Help Judges Police Expert Testimony

    Author Photo

    New amendments to Federal Rule of Evidence 702, concerning admissibility of expert witness testimony, make it clear that it is the judge's role — not the jury's — to keep faulty science out of the courtroom, say Michael Leard and Sara Lonks Wong at Nutter.

  • The Cruciality Of Building Client Intimacy Ahead Of Recession

    Author Photo

    Attorneys are likely already feeling the pressure that a recession brings to control costs and at least hold the line on top-line growth — but strengthening client relationships through increased communication will ensure continued progress under such conditions, says Dave Southern, a business development and marketing professional.

  • Stats Show Renewed Interest In Ex Parte Reexamination

    Author Photo

    Ex parte reexamination has gained popularity in recent years as an option for a third party to challenge a competitor's patent, but potential disadvantages — such as a lower chance of canceling claims compared to inter partes review — should also be considered, says Michael Sartori at Baker Botts.

  • What We've Learned About TM Modernization Rules So Far

    Author Photo

    Eight months after the U.S. Patent and Trademark Office implemented the Trademark Modernization Act, expungement and reexamination are providing an alternative tool for brand owners to challenge registrations for unused marks faster and at a lower cost, say Fan Cheng and David Fleming at Crowell & Moring.

  • How To Win Over Bench Trial Judges Post-COVID

    Author Photo

    As courts face an unprecedented backlog of cases in the wake of the pandemic and are increasingly sensitive to the inefficient use of time, especially in a bench trial setting, advocates should sharpen their rhetorical and strategic tools by thinking big-picture, say Jim Hurst and Jon David Kelley at Kirkland.

  • A Cautionary Tale On Diversity Jurisdiction From The 6th Circ.

    Author Photo

    The Sixth Circuit’s recent opinion in Akno 1010 Market St. v. Pourtaghi highlights the importance of properly establishing citizenship of all parties before filing a federal lawsuit under diversity jurisdiction rules, and shows how overlooking jurisdiction issues could undo years of litigation, say Lauren Snyder and Charles Loeser at Harris Wiltshire.

  • Fighting Counterfeit Goods In The FIFA World Cup Countdown

    Author Photo

    As counterfeit merchandise wreaks havoc for FIFA World Cup partners and sponsors, brands, governments and legal practitioners must disincentivize the manufacturers of fake goods with tactics that include the application and integration of new technologies, says Kimiya Shams at Devialet.

  • A Cautionary Tale On Social Media And US Jurisdiction

    Author Photo

    A California federal court's move to let rapper Lil Yachty's trademark infringement suit against a U.K.-based music company go forward gives clear notice to international entities that their social media activities might subject them to the jurisdiction of U.S. courts, say Dyan Finguerra-DuCharme and Nicholas Saady at Pryor Cashman.

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!