Intellectual Property

  • September 19, 2022

    Calif.'s New Tech Laws May Face Free Speech Challenges

    California recently enacted two groundbreaking laws aimed at holding social media companies accountable for the proliferation of disinformation and hate speech on their platforms and ensuring children are protected online, but legal experts say the laws could butt up against First Amendment protections.

  • September 19, 2022

    Fired Coach Escapes Illinois Univ.'s TM Suit Over Tweets

    An Illinois federal judge has tossed out a private university's lawsuit against a former baseball coach over his alleged unauthorized use of an official Twitter account, finding that the university lacked standing under federal trademark law.

  • September 19, 2022

    Professor In China-Ties Tax Case Sentenced To Probation

    A Southern Illinois University math professor was sentenced Monday to a year of probation after being convicted of concealing a Chinese bank account from federal officials investigating him as part of a controversial Trump-era program to combat trade secret theft.

  • September 19, 2022

    Vizgen Can't Escape Harvard, 10x's Patent Suit

    A Delaware federal judge on Monday refused to toss claims in a suit from Harvard University and 10x Genomics Inc. that accuses Vizgen Inc. of selling products that infringe spatial imaging technology patents, despite Vizgen only being told about the alleged infringement a day before getting hit with the suit.

  • September 19, 2022

    Google Gets 3 Transmission Control Patents Axed At PTAB

    Google has emerged victorious in its challenges to three Jenam Tech LLC transmission control protocol patents after the Patent Trial and Appeal Board found that all the claims the tech giant challenged across the patents are invalid.

  • September 19, 2022

    USAA Scores $4.3M Jury Award In Mobile Banking Patent Suit

    A Texas federal jury has awarded the United Services Automobile Association an infringement award of more than $4 million in its patent suit against PNC Bank over mobile banking technology.

  • September 19, 2022

    Legal Placement Firm Wins $3.6M In Clash With Recruiter

    A Texas federal court has concluded that a BigLaw recruiter who signed a noncompete agreement with his former employer must fork over $3.6 million, largely in placement fees he earned recruiting for law firms like Latham & Watkins LLP and Kirkland & Ellis LLP.

  • September 19, 2022

    Crocs Settles Look-Alike Shoe Claims Against Walmart

    Crocs Inc. has agreed to permanently end its patent infringement suit in Colorado federal court against Walmart, which was accused of selling copycat plastic clogs made by a Hong Kong manufacturer that bore its registered "3D marks," according to a notice of voluntary dismissal filed Friday.

  • September 19, 2022

    Goodyear Hit With $64M Verdict In Trade Secrets Trial

    The Goodyear Tire & Rubber Co. was hit with a $64 million verdict Monday after an Ohio federal jury found the company stole a European inventor's ideas for self-inflating tires.

  • September 19, 2022

    Canadian Co. Can Exit Hemp Harvesting Machine Dispute

    An Ohio federal judge allowed a Canadian engineering firm out of a trade secret dispute brought over components of a cannabis trimmer it helped make, saying the district court has no jurisdiction on the foreign company which does not do business in the state.

  • September 16, 2022

    Report Says 'Pervasive Abuse' Of Patents Boosts Drug Prices

    A nonprofit group whose criticism of drug patents has been both embraced and condemned by members of Congress has issued a new report arguing that "pervasive abuse of the U.S. drug patent system is at the root of the drug pricing crisis."

  • September 16, 2022

    Disney Fights Uphill To Toss Writer's 'Muppet Babies' IP Suit

    A California federal judge appeared skeptical Friday of Disney's bid to toss allegations it stole a writer's ideas for a "Muppet Babies" reboot, telling Disney's attorney she's asking him to "ignore" certain allegations and "focus on one specific allegation that benefits your motion to dismiss."

  • September 16, 2022

    New CFIUS Order Will Prompt Broader Investment Scrutiny

    More companies in the biotechnology, energy and quantum computing sectors should plan to give the federal government notice before bringing on foreign investors, or risk being caught in a review instigated by the Committee on Foreign Investment in the United States.

  • September 16, 2022

    Hologram Co. Investor Penalized For 'Harassment' Filings

    A Florida federal judge ordered a Jacksonville man and his attorney to pay more than $135,000 in sanctions for filing "harassment" briefs and continuing to pursue a securities fraud lawsuit against Michael Jackson hologram creator Pulse Evolution Corp. even after it was dismissed.

  • September 16, 2022

    VPX May Have Breached Monster's 'Nerve Center,' Jury Told

    A Monster Energy Co. executive told a California federal jury Friday that company documents and database access allegedly taken by a former employee and given to rival Vital Pharmaceuticals Inc. contained confidential information that could be damaging in the hands of another energy drink company. 

  • September 16, 2022

    50 Cent Sues Fla. Surgeon Over 'Penile Enhancement' Ads

    The rapper and entrepreneur known as 50 Cent sued a plastic surgeon and her Sunny Isle Beach, Florida, practice in federal court Friday, alleging she used photos she took with him without his consent to promote her business on social media and falsely implied that he had received penile enhancement treatment.

  • September 16, 2022

    Apple Tells Startup's Attys To Drop The 'Props' For Retrial

    Apple's lawyers took issue with alleged tactics used in a $42 million patent trial earlier this year and have asked a California federal judge to stop attorneys for a startup from showing up at a retrial armed with "props" like "a vivid red … binder with Apple's logo and a label saying 'Apple's Admissions.'"

  • September 16, 2022

    Buyers Defend Qualcomm Antitrust Case After FTC's Loss

    Cellphone buyers alleging they overpaid due to Qualcomm's chip licensing practices have urged a California federal court not to nix their case, insisting that their amended complaint differs from an antitrust suit previously tossed by the Ninth Circuit against the company.

  • September 16, 2022

    Toymaker Accused Of Fraud Must Defend Itself, Insurer Says

    An insurer told a Minnesota federal court Friday that it had no duty to defend a toy company and its owners against a suit accusing them of running a criminal network to evade payment of an $8.5 million default judgment for falsely advertising waterslides.

  • September 16, 2022

    Chamber Seeks Biden Ax Of Wider WTO IP Deal

    The U.S. Chamber of Commerce has urged the Biden administration to reject any effort to expand a recent World Trade Organization agreement to authorize the use of patents for COVID-19 vaccines, saying it has "serious concerns" about a proposal to include therapeutics and diagnostics.

  • September 16, 2022

    Microsoft Escapes Sanctions In SAIC Night Vision Patent Case

    A U.S. Court of Federal Claims judge said Microsoft did not withhold source code from Science Applications International Corp. in a patent suit over night vision goggles the Seattle-area technology giant sold to the government.

  • September 16, 2022

    IP Case Against Amazon Trimmed To 'Equivalents' Fight

    A California federal judge told lawyers for a software patent licensing company their direct infringement case against Amazon failed and that they painted themselves "into a corner" by the "shifting sands" of their ever-changing arguments, but lawyers for the business say they're optimistic about making a case on "equivalent" infringement to jurors in October.

  • September 16, 2022

    Albright Ships Apple IP Suit To Calif., Rejecting Opposition

    U.S. District Judge Alan Albright has granted Apple's bid to transfer a patent-holding company's infringement suit against it over wearable technology to California after he struck the opposition down as untimely.

  • September 16, 2022

    3rd Circ. Won't Revoke Land-Use Plans In Architecture IP Row

    The Third Circuit has backed a lower court's decision not to revoke a Pennsylvania city's access to land-use plans at the center of a copyright suit lodged by its former architect, agreeing that the parties' contract can't be used to stop the city from using the plans after failing to make payments.

  • September 16, 2022

    Brand Battles: Ex-Journey Singer Fights Band Over Song TMs

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, former Journey frontman Steve Perry is trying to strike down trademark registrations on several songs ostensibly owned by the current band members — plus three other cases you need to know.

Expert Analysis

  • Opinion

    Bar Exam Policies On Menstruation Still Fall Short

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    While many states have taken steps to address long-standing and problematic bar exam policies on menstruation and menstrual products, the changes do not go far enough to remove the continued disadvantages menstruating test takers face, highlighting the need for comprehensive and quick action ahead of this month's exams, say law professors Margaret Johnson, Elizabeth Cooper and Marcy Karin.

  • In-House Counsel Tips To Avert Open Source Software Risks

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    In-house counsel keen to adopt money- and time-saving open source software programs should consider five processes to mitigate such intellectual property risks as problematic licenses and failure to follow open source software copyright notices, say Marguerite McConihe and Greg Penoyer at Mintz.

  • Opinion

    The USPTO Should Give Ukraine Even More Help

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    The U.S. Patent and Trademark office should take three direct steps to help confer upon Ukraine's patent office the same benefits it previously granted to Russia's Rospatent, in addition to the sanctions the USPTO has already conferred in response to the attack on Ukraine, say David Kappos at Cravath, Teresa Summers at Summers Law Group and Andrew Baluch at Smith Baluch.

  • Keys To Crafting Hybrid Work Policies At Law Firms

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    As law firms embrace hybrid work as a middle ground in a post-pandemic world, work arrangement policies that are built on a foundation of trust and that prioritize lawyers' autonomy over their schedules will give firms an edge in the war for talent, says Alyson Galusha at VOYlegal.

  • Your AI Program Probably Isn't A Person In A Court Of Law

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    Artificial intelligence developers will likely continue to claim AI programs deserve legal rights, after a former Google engineer recently hired a lawyer for AI he worked on, but courts have traditionally been unreceptive to arguments that nonhumans have legal capacity, says Evan Louis Miller at McManis Faulkner.

  • Shift In China's Trade Secret Law Levels The Playing Field

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    Changes to China's law on trade secret theft shift the burden of proof in showing how the secrets were misappropriated from the plaintiff to the defendant, and three years in, they are giving the trade secrets statute more teeth, providing innovators with substantially more protections, say Richard Wells and Graham Cronogue at Baker McKenzie, and Binxin Lee at FenXun Partners.

  • How New USPTO Guidance Fine-Tunes Fintiv Application

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    The U.S. Patent and Trademark Office's recent guidance on discretionary denials following the precedential Fintiv case is intended to address inefficiency and gamesmanship, and may reduce the Patent Trial and Appeal Board's denials of institution based on Fintiv, say attorneys at Finnegan.

  • Tips For Handling Audio Data In E-Discovery Post-Pandemic

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    The rise of remote meetings during the COVID-19 pandemic has boosted the volume and importance of audio data in e-discovery — so organizations in highly regulated industries must collect and process that data, and establish complex strategies to manage their audio records, says Jack Bullen at FTI Consulting.

  • US Patent Takeaways From Russia Sanctions Exemption

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    The Office of Foreign Assets Control recently issued an exemption for intellectual property under the U.S. government's unprecedented barrage of sanctions on Russia, a move that lends clarity and longevity to U.S. companies remaining in this market for any duration, says Mark Mathison at Kilpatrick .

  • Strategies For Effectively Marketing Law Firm ESG Practices

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    As law firms increasingly launch stand-alone environmental, social and corporate governance practices amid rising client demands, they should consider new marketing and client development practices that illuminate their capabilities as well their own sustainability and ethics-related initiatives, says Elle Walch at Ball Janik.

  • Venue Issues Drug Cos. Should Watch In Hatch-Waxman Suits

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    Practitioners should follow change-in-venue issues under the Hatch-Waxman Act as recent Federal Circuit decisions over generic drugs — typically concentrated in Delaware and New Jersey — indicate that litigation may spread to more states, making disputes more complicated, says Benjamin Dach at Loeb & Loeb.

  • Agreement Among Litigants Key To Using E-Discovery Tech

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    Parties are increasingly using e-discovery technologies to control costs, but as a New York federal court order in Actos Antitrust Litigation shows, a well-drafted, negotiated protocol allows them to address potential objections prior to use and helps protect against later claims of incomplete production, say attorneys at McGuireWoods.

  • Vizio Ruling Offers Potential Precedent On Source Code

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    The recent California federal court decision in Software Freedom Conservancy v. Vizio to allow a smart TV consumer to proceed on a breach of contract claim against a product maker for using open source software in its source code contains a potential precedent for developers, because no court had previously given them the rights to contractual declaratory relief requiring distribution of these codes, says Jeremy Elman at Allen & Overy.

  • Opinion

    Law School Admissions Shouldn't Hinge On Test Scores

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    The American Bar Association recently granted law schools some latitude on which tests it can consider in admissions decisions, but its continued emphasis on test scores harms student diversity and is an obstacle to holistic admissions strategies, says Aaron Taylor at AccessLex.

  • Opinion

    IDEA Act Would Help Remove Barriers To Inventor Equity

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    The Inventor Diversity for Economic Advancement Act would allow the U.S. Patent and Trademark Office to examine the diversity gaps among Americans who patent their inventions and track progress toward closing them, strengthening our economy and building a more inclusive innovation ecosystem, says Holly Fechner at Covington and Invent Together.

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