Intellectual Property

  • September 01, 2021

    Moye White Expands For First Time, Merges With Atlanta Firm

    Denver-based Moye White LLP is merging with an Atlanta corporate and intellectual property boutique to open a Georgia office, marking its first expansion outside of Colorado in the firm's 45-year history, it announced Wednesday.

  • September 01, 2021

    Anheuser-Busch Sues Constellation Again, Now Over Modelo

    Anheuser-Busch InBev has filed a second lawsuit accusing Constellation Brands of breaching their long-standing agreement to sell popular Mexican beers in the U.S., this time over the launch of new types of Modelo.

  • August 31, 2021

    Endo Unit Loses Trial To Stop Launch Of Vasostrict Generic

    After a three-day bench trial, Delaware's chief federal judge ruled Tuesday that an Endo International unit could not stop the launch of a generic version of blood pressure medication Vasostrict because Endo's newer patents covering the blockbuster drug wouldn't be infringed.

  • August 31, 2021

    Stocks Tainted Judge In $2.7B IP Ruling, Cisco Tells Fed. Circ.

    Cisco is asking the Federal Circuit to throw out a $2.7 billion damages award against it after a lower court ruled that the networking giant infringed four Centripetal Networks patents, saying the judge should have recused himself because his wife owned Cisco stock.

  • August 31, 2021

    Hershey's TM Suit Is Half-Baked Retaliation, Cookie Co. Says

    A keto diet-friendly cookie company wants the right to keep using its stylized chocolate chip logo after the Hershey Co. complained that the chips looked too much like its familiar Hershey's Kisses, according to a lawsuit filed Tuesday in California federal court.

  • August 31, 2021

    Tech Cos. Back Apple High Court Bid To Ax PTAB's Fintiv Rule

    Cisco, Comcast, Roku, Mylan and other companies and industry groups have lined up at the U.S. Supreme Court to support Apple's call for an end to the Patent Trial and Appeal Board's practice of refusing to review patents when a trial is looming in district court.

  • August 31, 2021

    5th Circ. Affirms Ericsson's FRAND Win Over HTC

    A Fifth Circuit panel on Tuesday rejected an appeal from HTC seeking to overturn a jury's finding that Ericsson offered the handset maker fair terms on licenses for standard-essential patents covering cellular technology, ruling that the jury was adequately informed on the value of Ericsson's patents.

  • August 31, 2021

    TV Streamer Locast Loses Key Ruling In Battle With Networks

    A federal judge on Tuesday sided with the major television networks and ruled that a free streaming service called Locast was not covered by an obscure copyright provision that allows nonprofit services to boost broadcast signals.

  • August 31, 2021

    Full Fed. Circ. Won't Review 'Venue Manipulation' Ruling

    The full Federal Circuit won't reconsider a ruling that Judge Alan Albright's decision to keep patent litigation against Samsung and LG in the Western District of Texas had allowed "venue manipulation."

  • August 31, 2021

    Snyder's Ends Long Fight With Frito-Lay Over Pretzel Crisps

    Snyder's-Lance is conceding defeat in a decadelong battle with Frito-Lay over the trademark rights to Pretzel Crisps, dropping an appeal of a recent ruling that said the name was merely an unprotectable generic term.

  • August 31, 2021

    Thryv Beats Click-To-Call Patent Suit After High Court Trip

    After over nine years of litigation and a U.S. Supreme Court ruling, a Texas federal judge invalidated the last remaining patent claim Monday in Click-To-Call Technologies LP's infringement suit against YellowPages.com operator Thryv Inc. over anonymous phone call technology.

  • August 31, 2021

    Twitter's IP Suit Tossed After Voip-Pal Promises Not To Sue

    A California federal judge has dismissed Twitter's suit seeking a declaration that it hasn't infringed a call-routing patent, ruling that Voip-Pal's covenant not to file a lawsuit against the social media giant over the patent wipes out the court's subject-matter jurisdiction in the case.

  • August 31, 2021

    Fed. Circ. Mulls Undoing Mylan Loss On Inhaler IP Validity

    A Federal Circuit panel on Tuesday raised doubts about a district court decision upholding three patents covering AstraZeneca's inhaler asthma treatment Symbicort that Mylan stipulated to infringing with its planned generic version of the drug.

  • August 31, 2021

    9th Circ. Nixes BladeRoom's $77M IP Win Over Facebook Deal

    The Ninth Circuit wiped out BladeRoom's $77.4 million trial verdict over Emerson Electric's alleged use of stolen trade secrets to win a lucrative Facebook contract, finding a California district court misinterpreted the expiration date of a confidentiality agreement at the heart of the case.

  • August 31, 2021

    Medical Co. Ducks Claims It Axed Atty For Not Hiding Cash

    A medical device maker escaped claims in Illinois state court that it fired an attorney who headed the company's intellectual property legal group after the lawyer allegedly refused calls by the company's general counsel to "hide or park" money in the division's budget that purportedly didn't belong there.

  • August 31, 2021

    Full Fed. Circ. Won't Touch Apple's Camera Patent Win

    The full Federal Circuit has said it won't review a panel's split decision affirming Apple and Samsung's invalidation of a digital camera patent, a ruling that a dissenting judge and patent attorneys warned puts more patents at risk of being axed under the U.S. Supreme Court's Alice decision.

  • August 31, 2021

    Fed. Circ. OKs Google's PTAB Wins Axing Uniloc Patents

    Google scored a victory Tuesday when the Federal Circuit refused to overturn the Patent Trial and Appeal Board's rulings striking down three Uniloc patents on conference call technology, after the appeals were paused due to the U.S. Supreme Court review of the Arthrex decision.

  • August 31, 2021

    Supreme Court Lawyer Dan Geyser Joins Haynes And Boone

    After more than a decade in Dallas, veteran U.S. Supreme Court advocate Daniel Geyser was looking for something different. He found it in the Denver office of Haynes and Boone LLP, where he hopes to increase the firm's presence in the high court and bask in the Colorado scenery.

  • August 31, 2021

    Model's $1.2M Suit Against Manager Tossed From Ga. Court

    Model and actress Karrueche Tran didn't properly serve her ex-manager and his company with a $1.2 million lawsuit alleging that he failed to pay a royalty settlement, a Georgia state court judge found in dismissing the case.

  • August 31, 2021

    Jessica Simpson Clothing Brand Owner Hits Ch. 11 In Del.

    Sequential Brands Group Inc., which owns a stable of clothing brands that includes the Jessica Simpson Collection and Avia running apparel, filed for Chapter 11 protection Tuesday in Delaware federal court, saying its efforts to sell off its assets amid a retail decline in 2019 were further hampered by the COVID-19 pandemic.

  • August 30, 2021

    Law360 MVP Awards Go To 182 Attys From 77 Firms

    The elite slate of attorneys chosen as Law360's 2021 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • August 30, 2021

    Breaking IP Barriers: Q&A With Cadwalader's Dorothy Auth

    When Dorothy Auth, the head of Cadwalader Wickersham & Taft LLP's intellectual property group, broke into the patent world nearly three decades ago, she relied on her doctorate in biochemistry and a collaborative approach to rise through the ranks of the male-dominated industry.

  • August 30, 2021

    Chinese Banks Beat $150M Sanctions Bid Over Fake Nikes

    The Second Circuit on Monday rejected a move to impose $150 million in sanctions against six Chinese banks over allegations that they enabled the sale of counterfeit Nike and Converse products by flouting U.S. court orders.

  • August 30, 2021

    Patent Prosecution Pro From Baker Botts Joins MoFo

    Morrison & Foerster LLP has added a patent prosecutor and counselor from Baker Botts LLP to its roster, the latest in a string of high-profile hires the firm has made to boost its life sciences and health care practice.

  • August 30, 2021

    Vaccines, Tuition, Race: The Litigation On Law Schools' Radar

    Lawsuits over student vaccine mandates, tuition refunds for remote classes, free speech issues and race-conscious admissions are all being watched closely by law schools as the fall semester begins.

Expert Analysis

  • Pitfalls To Avoid When Drafting And Enforcing NDAs

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    Recent state and federal court decisions offer lessons for drafting nondisclosure agreements that minimize potential challenges and maximize legal enforceability, say Sonia Baldia and Alexander Borovsky at Kilpatrick.

  • Shifting Trends In Marketing Approvals Of Orphan Drugs

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    Data analysis reveals increases in orphan drug designations and marketing approvals over the last 20 years, and shows how biologics are shaping the orphan drug landscape, say Omar Robles at Emerging Health and Ji-Won Choi at the Vera Institute of Justice.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Opinion

    Ill. Noncompete Reform Balances Employee And Biz Interests

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    The noncompete bill recently passed by the Illinois Legislature protects due process for workers while preserving employers' ability to guard business assets — a rare political compromise that may reduce noncompete litigation but increase the chances of enforceability in court, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • Collaborative Contracting Can Help Combat Bias In AI

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    To mitigate bias in artificial intelligence technology amid pending EU and U.S. regulations, contracting companies should consider each party's role in controlling for bias, rather than applying binary liability allocations, say Boris Segalis and Joshua Fattal at Goodwin and independent attorney Neal Dittersdorf.

  • TM Litigation Lessons From Nike-Lil Nas X 'Satan Shoes' Fight

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    Though recently settled, Nike's curious trademark infringement dispute with the New York design studio behind rapper Lil Nas X's controversial "Satan Shoes" suggests that brand owners should draft complaints promptly, even if imperfectly, and evaluate first-sale doctrine exceptions, says James Major at Stradley Ronon.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • 5 Current Ad And Marketing Legal Risks To Watch Out For

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    As companies respond to changing circumstances including the COVID-19 pandemic and ongoing social justice struggles, they should be aware of advertising, marketing and promotion practices that may increase scrutiny from regulators, competitors and class action plaintiffs, say Amanda Beane and Jason Howell at Perkins Coie.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Opinion

    IP Ordinary Observer Test Lacks Consistency And Clarity

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    The U.S. Supreme Court's test for evaluating design patent infringement through the eyes of an ordinary observer is too subjective and unpredictable due to a dearth of guidance concerning the types of testimony permissible in applying the test, say Alexander Chen and Katja Grosch at InHouse Co. Law Firm.

  • What Private Cos. Can Learn From Biden Cybersecurity Order

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    Following the Colonial Pipeline hack, President Joe Biden's recent executive order mandating cybersecurity improvements at federal agencies offers a blueprint for private sector companies that need to modernize their own cybersecurity practices, say attorneys at Squire Patton.

  • Strategic Applications Of ITC Admin Law Judge Pilot Program

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    In light of a new U.S. International Trade Commission pilot program allowing administrative law judges to issue interim initial determinations in unfair import intellectual property investigations, parties should consider strategic opportunities for leverage through early identification of key issues and weaknesses in opponents' cases, say attorneys at Arnold & Porter.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

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