Intellectual Property

  • February 15, 2024

    Ex-DraftKings Exec Seeks Clarity On Fanatics Guardrails

    A former DraftKings Inc. executive has asked a Massachusetts federal court to clarify the type of work he can perform for competitor Fanatics Inc. while the legal fight with his previous employer plays out, warning that the court's current order is too restrictive.

  • February 15, 2024

    Intellectual Property Group Of The Year: Irell

    Irell & Manella LLP helped VLSI win a nearly $949 million verdict against Intel Corp. for infringing a patent for microchip technology, and represented Netlist in its win where a jury said Samsung owes $303 million for willfully infringing five flash memory patents, earning the firm a spot among Law360's 2023 Intellectual Property Groups of the Year.

  • February 14, 2024

    Pfizer Reaches $93M Deal With Lipitor Buyers In Antitrust MDL

    Pfizer Inc. has agreed to shell out $93 million to put to rest Lipitor buyers' claims in sprawling antitrust multidistrict litigation over the cholesterol medication that stretches back more than a decade, according to a motion filed Wednesday in New Jersey federal court.

  • February 14, 2024

    American Airlines Settles Ticketing Row With Travel Website

    American Airlines Inc. told a Texas federal court Tuesday that it has settled its lawsuit claiming that Kiwi.com sold the airline's tickets and displayed American's trademarks and copyright-protected flight symbol without permission.

  • February 14, 2024

    Honda, Ford Push For Review Of New Wireless IP

    Honda is urging U.S. Patent and Trademark Office Director Kathi Vidal to vacate the Patent Trial and Appeal Board's decision not to review a Neo Wireless patent it had challenged, the same day Ford did the same.

  • February 14, 2024

    What's Left Of Judge Newman's DC Suit Likely Won't Go Far

    A D.C. federal judge may be allowing suspended U.S. Circuit Judge Pauline Newman to pursue a handful of arguments over the constitutionality of the Judicial Conduct and Disability Act, but attorneys told Law360 they aren't convinced those claims will fare any better than those already dismissed by the court.

  • February 14, 2024

    PTAB Denies DJI's Request To Review Textron Drone Patent

    The Patent Trial and Appeal Board will not review the validity of a Textron Innovations Inc. drone patent challenged by Chinese rival SZ DJI Technology Co. Ltd. after finding that DJI failed to show that the claims are likely invalid.

  • February 14, 2024

    Nokia Exposure Over $23M Oral Deal Won't Be Clear Until Trial

    A federal judge said Wednesday she won't decide until trial what framework a jury will use to decide damages in a New Hampshire telecom's case against Nokia over an alleged breach of a 2017 oral contract to integrate noise-filtering technology into Nokia's cell networks.

  • February 14, 2024

    March Trial Set For Samsung Claims Against Ex-IP Attys

    A Texas federal judge has backed a magistrate judge's recommendation to resolve Samsung's claims of misconduct against two of its former in-house intellectual property attorneys through a bench trial.

  • February 14, 2024

    Music Licensor Sues Restaurant For Performing Disco Songs

    A New York music licensor has hit a Detroit-area restaurant with a copyright suit over the unauthorized performance of three 1970s-era disco songs by artists like the Bee Gees and KC and the Sunshine Band, telling the Michigan court that it had reached out to the dining establishment over 50 times ahead of filing its claims.

  • February 14, 2024

    Albright Snubs Plea That Meta Transfer Will Doom EDTX Suits

    Western District of Texas Judge Alan Albright has rejected an oil field equipment supplier's objections to a magistrate judge's ruling that transferred a patent case against Meta from the Lone Star State to California, saying the objections don't have merit.

  • February 14, 2024

    Pentagon Rule Aims To Cut Iranian Fuel From Overseas Ops

    A proposed rule posted Wednesday by the U.S. Department of Defense would put contractors on the hook to prove that fuel they provide for military operations overseas was not sourced from prohibited countries such as Iran.

  • February 14, 2024

    Split Fed. Circ. Won't Revive Patent Case Against Bank

    Judges on the Federal Circuit split in a Wednesday finding on how exactly the courts should read the phrase "transaction partner" in a patent lawsuit against a regional bank in Indiana, with the majority opting to agree with a federal judge in Illinois that the words could only be construed in such a way that meant the patent case couldn't hold up in court.

  • February 14, 2024

    GoTV Asks For New Trial, Says Netflix 'Tainted' $2.5M Award

    GoTV Streaming LLC has asked a California court for a new damages trial after a jury found that Netflix owed the company only $2.5 million for infringing its wireless patent, arguing that Netflix misled the court and showed the jury evidence that artificially suppressed the award amount.

  • February 14, 2024

    Jordan Spieth Fights Subpoena In Under Armour Patent Suit

    Golf pro and Dallas native Jordan Spieth wants to avoid testifying in a patent suit claiming Under Armour stole design features of high-performance athletic shoes, as basketball superstar Steph Curry simultaneously squashed a subpoena in the same case.

  • February 14, 2024

    GSK Exec Joins Troutman Pepper's Life Sciences IP Team

    Troutman Pepper Hamilton Sanders LLP continued to expand its health sciences services in the Philadelphia region with the addition this week of a patent practitioner who joined the firm after more than 20 years with GlaxoSmithKline.

  • February 14, 2024

    Intellectual Property Group Of The Year: Gibson Dunn

    Gibson Dunn & Crutcher LLP scored a directed verdict of noninfringement for Dell during a $435 million patent trial in front of U.S. District Judge Alan Albright and shielded SharkNinja from any business interruption during proceedings before the U.S. International Trade Commission, earning the firm a spot in Law360's 2023 Intellectual Property Groups of the Year.

  • February 14, 2024

    Detroit Firm Adds 3 Attys, Including Ex-GM Software Engineer

    An intellectual property law firm in Detroit has recruited a trio of patent prosecution lawyers, including a former software engineer at GM and another lawyer who is going to lead the firm's new office in St. Louis.

  • February 14, 2024

    Bulleit Is No Household Name, Distiller Tells 2nd Circ.

    The Bulleit brand may be well known among whiskey drinkers but does not have the general fame needed to support a jury's finding that its bottle shape is protected by trademark law, an attorney for rival distiller W.J. Deutsch & Sons Ltd. told the Second Circuit during a hearing Wednesday.

  • February 13, 2024

    Wireless Tech Co. Can't Get $12.5M Award OK'd At 4th Circ.

    The Fourth Circuit on Tuesday overturned the enforcement of a $12.5 million arbitral award issued in a trade secrets dispute between wireless technology companies, ruling in a published opinion that the lower court lacked jurisdiction under the U.S. Supreme Court's 2022 decision in Badgerow v. Walters.

  • February 13, 2024

    Judge Says Latham Deserves Default Win Over Scam Domains

    Latham & Watkins LLP should be handed a default win against an unknown scammer it accused of registering dozens of domain names to impersonate the firm and one of its attorneys in an attempt to defraud clients, a federal magistrate judge in Virginia recommended Tuesday, determining the firm has a protectable interest in a valid trademark.

  • February 13, 2024

    Indian Pharma Co. Can't Get Fees In $950M COVID Vax Suit

    A Seattle federal judge has nixed an Indian generic-drug maker's bid for about $3 million in attorney fees after it prevailed in a biotherapy company's $950 million lawsuit accusing it of stealing its COVID-19 vaccine, saying the maker didn't convince him it spent extra money litigating the suit.

  • February 13, 2024

    Expert's 11th-Hour Change Blocked In Pet Device IP Retrial

    A New Jersey federal judge refused Tuesday to allow an expert witness to make an 11th-hour addition to his report on the "head start" period in a new damages trial on an inventor's claim that a pet supply company misappropriated her idea for a skin medicine applicator for dogs and cats.

  • February 13, 2024

    Wyndham Gets Default Win In Timeshare Exit Suit

    A Florida federal judge has granted Wyndham Vacation Ownership Inc. a default victory in its lawsuit accusing multiple companies of levying unnecessary fees to help customers exit their timeshares, after adopting a magistrate's report and recommendation when one company failed to respond.

  • February 13, 2024

    4 Takeaways From USPTO Guidance On AI And Patents

    The U.S. Patent and Trademark Office's guidance on patents for inventions developed using artificial intelligence makes clear that help from the technology does not foreclose getting a patent, but sets standards that will spur litigation and create new obligations for attorneys, experts say.

Expert Analysis

  • Trending At The PTAB: 6 Areas To Watch In 2024

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    Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • What's In The USPTO Policy Pipeline This Year

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    Practitioners can expect a number of policy updates and initiatives from the U.S. Patent and Trademark Office this year, including development of AI capabilities, pushback against fraudulent patents and expansion of educational opportunities, say Rosaleen Chou and Lauren Katzenellenbogen at Knobbe Martens.

  • AI In IP Law: The Top Guest Articles Of 2023

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    Keeping up with generative artificial intelligence was the name of the game for intellectual property lawyers in 2023 as the government worked to determine whether AI-generated output is protectable under the law and guest writers assessed the technology's risks and rewards.

  • The Most-Read IP Law360 Guest Articles Of 2023

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    U.S. Patent and Trademark Office incentives and restrictions, Federal Circuit decisions on exact meaning, and lessons from the comedic whodunit “Glass Onion: A Knives Out Mystery” were among popular intellectual property topics guest authors tackled this year.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • Reviewing 2023's Global AI Landscape Across Practice Areas

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    2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.

  • 2024 Trends To Watch As AI And IP Litigation Intersect

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    Just as generative artificial intelligence tools have proven unpredictable, the resulting legal disputes may also hold a few surprises in store for 2024, as intellectual property litigation related to AI inputs, outputs and the tools themselves takes shape, say Philip Warrick and Chengming Liu at Irell & Manella.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • NCAA Proposal Points To A New NIL Compensation Frontier

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    Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

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