Intellectual Property

  • February 27, 2024

    Amazon Hit With Copyright Suit Over 'Road House' Reboot

    The writer behind the 1989 movie "Road House" sued Amazon Studios LLC on Tuesday in California federal court, alleging the company ignored his copyright for the screenplay and rushed to finish the movie before the rights reverted to him by using artificial intelligence.

  • February 27, 2024

    KPN Wins $287M Jury Verdict In Contract Beef With Samsung

    A Texas state jury has awarded $287 million to Dutch telecommunications company Koninklijke KPN in a contract dispute with Samsung Electronics Co., finding that Samsung breached a license agreement by refusing to pay for using a KPN patent, according to the verdict form.

  • February 27, 2024

    Ye Stole Donna Summer's 1977 Hit In New Song, Estate Says

    Donna Summer's estate sued rappers Kanye West and Ty Dolla $ign in California federal court Tuesday accusing them of sampling, without permission, the late legendary disco singer's 1977 hit "I Feel Love" in their collaborative track "Good (Don't Die)," which is featured on their joint album, "Vultures 1."

  • February 27, 2024

    IP Strategy Co. Seeks Sanctions For Suit Over Patent Deal

    Intellectual property strategy and transactions company Transpacific IP has asked the Delaware Chancery Court to sanction Slingshot Technologies LLC more than $400,000 for making "fabricated allegations" in a failed lawsuit over Transpacific's sale of Orange SA network patents.

  • February 27, 2024

    Last-Minute Settlement Stops 2nd Catheter Trial In Del.

    A second legal fight over patents that cover a type of external catheter for women will not be going before a jury in Wilmington after the two feuding rivals agreed on Tuesday to settle the dispute.

  • February 27, 2024

    GM Calls Auto Parts Co.'s Raid Conspiracy Claim 'Delusional'

    General Motors argued Monday that a Michigan federal judge should toss "delusional" counterclaims from an aftermarket auto parts company in a suit that claims the company is selling replica parts with no license, saying accusations the auto giant lied to spark a government raid are "facially implausible."

  • February 27, 2024

    Google Owes $12M For Infringing Voice Patents, Jury Says

    A Texas federal jury has found that Google should pay $12 million to an app developer's company for infringing several patents that let people call from multiple phone numbers using a single phone.

  • February 27, 2024

    Judge Trims Medical Device Royalty Fight

    A Minnesota federal judge has held that Security Bank & Trust Co. failed to prove jurisdiction against various entities related to an Indiana-based medical device manufacturer in a suit over royalty contracts.

  • February 27, 2024

    Consumers Ask 9th Circ. To Revive Qualcomm Antitrust Case

    Cellphone buyers are hoping to revive their beleaguered antitrust case accusing Qualcomm of illegal tying schemes to inflate the price of their chips, telling the Ninth Circuit in their new opening brief to reverse the district court's ruling from September or, at a minimum, toss it to the California Supreme Court to decide whether their state law claims are viable.

  • February 27, 2024

    TV Station Can't Kill Verizon Counterclaims In Carriage Fight

    A Rhode Island television station can't dodge counterclaims that it was the one responsible for letting Verizon know that it had been paying retransmission fees to the wrong company, the Massachusetts federal judge overseeing the TV station's lawsuit against Verizon and Nexstar has ruled.

  • February 27, 2024

    OpenAI Says NYT Suit Not Up To Own 'Journalistic' Standards

    OpenAI slammed The New York Times Co. for not meeting "its famously rigorous journalistic standards" with its complaint accusing the artificial intelligence company and Microsoft Corp. of ripping off Times content to train ChatGPT, with OpenAI alleging the newspaper hired a hacker to generate various examples of ChatGPT reproducing near-verbatim copies of articles.

  • February 27, 2024

    Judge Says Coffee Co.'s IP Claims Need More Time To Brew

    A Colorado federal judge on Tuesday rejected competing efforts to avoid trial in a cold brew equipment maker's infringement suit against an insulated mug company, with the judge finding it's too soon for her to rule on the merits of the case.

  • February 27, 2024

    Venable Trial Atty Boosts Orrick's IP Team In LA

    Orrick Herrington & Sutcliffe LLP continues boosting its intellectual property team, saying Tuesday it has brought on a Venable LLP patent litigator as a partner in its Los Angeles office.

  • February 27, 2024

    PTAB Takes Up Challenge To Dyson Hair Dryer Patent

    An administrative patent board has decided to look into a petition from a Massachusetts home appliance brand that makes the case that the U.S. Patent and Trademark Office should never have issued a patent to Dyson covering a kind of hair dryer.

  • February 27, 2024

    NJ Panel Rebuffs Patent Atty In Breakup Feud With Ex-Firm

    The efforts of a Garden State intellectual property lawyer to get additional compensation when he cashed out of a law firm partnership in 2019 were rebuffed Tuesday by a New Jersey appellate panel, which tossed his appeal but sent the question of $830,000 in attorney fees back to the trial court for reconsideration.

  • February 27, 2024

    Sheppard Mullin Adds Snell & Wilmer IP Leader In San Diego

    Sheppard Mullin Richter & Hampton LLP expanded its intellectual property services on the West Coast this week with the addition of a patent prosecutor specializing in the life sciences industry.

  • February 26, 2024

    Sales Reps Score $1.6M In Fees After Beating RICO Case

    A federal judge in Los Angeles has ordered a biotech startup to pay more than $1.6 million in legal fees to two former employees, after the company failed to convince a jury that the pair broke racketeering laws when they worked for a rival that stole proprietary information when setting up shop.

  • February 26, 2024

    Intel Calls VLSI 'Desperate' In Fight Over License Defense

    Intel and VLSI are continuing to escalate their multivenue dispute over how to decide whether Intel already has a license to VLSI's patents, with the tech company telling the Federal Circuit the patent owner is "desperate to avoid" a California trial, and VLSI saying that trial "would be an enormous waste of party and judicial resources."

  • February 26, 2024

    UK Photog Drops Copyright Claims Against Cannabis Co.

    A photographer who accused a cannabis licensing firm of using his image of the Empire State Building to push sales without his say-so has quietly dropped his copyright suit in New York federal court.

  • February 26, 2024

    Religious Stations Ask Justices To Review Webcast Royalties

    Religious webmasters who say that the Copyright Royalty Board's latest rate hike affects them disproportionately want the U.S. Supreme Court to take up their case and decide whether there is religious discrimination at play.

  • February 26, 2024

    MetaBirkins NFT Maker Tells 2nd Circ. 'Artwork' Is Protected

    The creator of the MetaBirkins non-fungible token collection has told the Second Circuit that his use of the iconic Hermès bag's name and likeness was relevant to his artwork but said the New York court misapplied the test of whether it was protected speech when it found that the digital assets infringed on the fashion house's trademarks.

  • February 26, 2024

    Fed. Circ. Affirms Freshub Didn't Lie To Revive Patent App

    The Federal Circuit on Monday upheld a Texas federal court's ruling that Amazon's Alexa voice assistant didn't infringe voice-processing system patents owned by Freshub and that Freshub didn't use nefarious means to obtain those patents.

  • February 26, 2024

    Ohio Jury Shuts Down Door Co.'s Patent Defense

    Federal jurors in Ohio found that the details in some drawings of "door skins" covered by a trio of design patents were somewhat inconsistent, but they were unpersuaded by a major door manufacturer to invalidate those patents just yet.

  • February 26, 2024

    Proud Boys' Attys Can't Escape IP Suit In DC

    A D.C. federal judge has denied a bid to throw out a copyright suit from a group of criminal defense attorneys who represented members of the Proud Boys involved in the insurrection of Jan. 6, 2021.

  • February 26, 2024

    Vape Wholesaler TM Dispute Booted From Illinois Court

    An Illinois federal judge on Monday dismissed a trademark dispute between HS Wholesale Ltd. and HS Global Distribution LLC, saying HS Global doesn't have sufficient contact with the state for the court to have jurisdiction over the claims.

Expert Analysis

  • Averting Patent And Other IP Risks In Generative AI Use

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    While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Opinion

    Biden Admin's March-In Plan Would Hurt Medical Innovation

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    The Biden administration's proposal to reinterpret the Bayh-Dole Act and allow the government to claw back patents when it determines that a commercialized product's price is too high would discourage private investment in important research and development, says Ken Thorpe at the Rollins School of Public Health.

  • Google Patent Case Is A Claim Construction Litigation Lesson

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    The Federal Circuit's recent precedential decision in Google v. EcoFactor, which held that the Patent Trial and Appeal Board erred in the claim construction it had unknowingly adopted, shows that litigators should be alert to claim construction issues that masquerade as something else, says Roy Wepner at Kaplan Breyer.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Reassessing Trade Secrets Amid Proposed Noncompete Ban

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    The Federal Trade Commission's proposed ban on noncompete agreements as well as state bans make it prudent for businesses to reevaluate and reinvigorate approaches to trade secret protection, including knowing what information employees are providing to vendors, and making sure confidentiality agreements are put in place before information is shared, says Rob Jensen at Wolf Greenfield.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Storytelling Strategies To Defuse Courtroom Conspiracies

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    Misinformation continues to proliferate in all sectors of society, including in the courtroom, as jurors try to fill in the gaps of incomplete trial narratives — underscoring the need for attorneys to tell a complete, consistent and credible story before and during trial, says David Metz at IMS Legal Strategies.

  • Aldi Design Infringement Case Highlights Assessment Issues

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    The forthcoming English Court of Appeal decision in Marks and Spencer v. Aldi, regarding the alleged infringement of design rights, could provide practitioners with new guidance, particularly in relation to the relevant date for assessment of infringement and the weight that should be attributed to certain design elements in making this assessment, say Rory Graham and Georgia Davis at RPC.

  • Opinion

    9th Circ. Should Overturn The Miles Davis Tattoo Ruling

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    A California district court made several missteps that led to a finding that celebrity artist Kat Von D's Miles Davis tattoo did not infringe copyright, and the Ninth Circuit should overturn the decision because recent U.S. Supreme Court guidance was ignored and the jury did not receive adequate instruction, says Brian Moriarty at Hamilton Brook.

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