Analysis

Hytera Sanctions Show Strength Of Antisuit Injunctions

By Dani Kass

The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.

Read full article » | Save to favorites »

Fed. Circ. Seems Wary Of Broad's CRISPR Inventorship Win

By Dani Kass

Federal Circuit Judge Todd Hughes on Tuesday suggested that the Patent Trial and Appeal Board cited the correct standard when reviewing who first invented a particular use of the gene-editing technology CRISPR-Cas9, but then applied an improper standard when ruling in favor of a Massachusetts research team.

Read full article » | Save to favorites »

DC Circ. Examines Timing In ITC's Bid To Investigate Expert

By Ali Sullivan

The D.C. Circuit on Tuesday scrutinized the U.S. International Trade Commission's bid to revive an investigation into a former expert witness retained by Qualcomm for allegedly breaching a protective order, questioning whether the expert's successful suit to stop the probe was premature, as the commission claims.

Read full article » | Save to favorites »

GOP Reps. Want IP Enforcers To Get Tougher On Infringers

By Andrew Karpan

Republican lawmakers complained at a Tuesday congressional hearing about the Biden administration's move to end the controversial Trump-era "China Initiative" aimed at curbing suspected economic espionage and questioned administration officials over how diligently they have pursued intellectual property cases on behalf of U.S. manufacturers, retailers, movie studios and vape companies.

Read full article » | Save to favorites »

Iceberg Image Closes Pacira Drug Patent Infringement Trial

By Carla Baranauckas

A generic drugmaker on Tuesday used imagery to argue that the information in a Pacira Biosciences Inc. painkiller patent is just the proverbial tip of the iceberg, positing that regulators would have rejected the application if all the data on the medicine had been revealed.

Complaint attached | Read full article » | Save to favorites »

In Calif. Case, Samsung Contractor Points To Waco Verdict

By Andrew Karpan

A Samsung contractor says a Texas jury verdict that cleared the South Korean phone maker from a $4 billion patent suit should free it from similar allegations in a case in California.

Motion attached | Read full article » | Save to favorites »

Amazon Blasts Writer's Ownership Claim Over New 'Road House'

By Ivan Moreno

Amazon Studios and others involved in the 2024 remake of 1989's "Road House" movie told a California federal court that the writer behind the original film who is suing for copyright infringement does not own the rights to the script for the original.

Response attached | Read full article » | Save to favorites »

Judge Limits Valve's Arguments In Controller Patent Fight

By Adam Lidgett

A federal judge in Seattle has partly granted a bid from Ironburg Inventions Ltd. to block Valve Corp. from raising certain arguments when challenging a video game controller patent at district court based on estoppel rules from the Patent Trial and Appeal Board.

2 documents attached | Read full article » | Save to favorites »

Meta Gets PTAB To Wipe Out Photo-Tagging Patent In Calif. Suit

By Adam Lidgett

The Patent Trial and Appeal Board has wiped out all challenged claims in a patent owned by a company that is suing Meta in California federal court.

Decision attached | Read full article » | Save to favorites »

Texas Law Firm's Claims Partly Tossed In Click-To-Call Ad Suit

By Lynn LaRowe

A Texas federal judge has partially dismissed a Houston-based personal injury outfit's claims against a legal referral service it accuses of buying internet keywords that infringe the firm's trademarks in a "click-to-call" scheme meant to steal clients and business from the firm, finding some of the allegations were "conclusory" and that others were unsupported by the facts.

Order attached | Read full article » | Save to favorites »

Amazon, Epson Unite To Go After Printer Ink Counterfeiters

By Gina Kim

Amazon and Seiko Epson have teamed up to go after several bad actors in Turkey and the United Kingdom that are allegedly hawking knockoff Epson printer ink bottles and cartridges on Amazon's platform, according to a trademark infringement action filed in the Western District of Washington.  

Complaint attached | Read full article » | Save to favorites »

Tax Software Co. Still Can't Trim Rival's Trade Secrets Suit

By Anna Bongardino

A corporate-focused tax preparation software company still can't pare back a suit alleging that it poached workers from its rival's recently acquired company, a Pennsylvania federal judge ruled Tuesday.

Order attached | Read full article » | Save to favorites »

NBA All-Star Dominique Wilkins Sues AmeriHealth For NIL Use

By Elaine Briseño

NBA slam-dunk legend Dominique Wilkins and his management team are suing AmeriHealth Partners LLC in Atlanta federal court for allegedly using his name, image and likeness without his permission to market pharmaceutical products nationwide in 74,000 drug stores.

Complaint attached | Read full article » | Save to favorites »

Ways And Means Chairs Decry China Tariff Review 'Inaction'

By Jennifer Doherty

The chairs of the House Ways and Means Committee and its Trade Subcommittee chided U.S. Trade Representative Katherine Tai in a letter Tuesday over her office's purported "inaction" in reviewing tariffs covering $300 billion worth of goods from China.

Letter attached | Read full article » | Save to favorites »

Patent Damages Jury Verdicts Aren't Always End Of The Story

Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.

Read full article » | Save to favorites »

Should NIL Collectives Be Allowed Tax-Favored Status?

Arguments are being made for and against allowing organizations to provide charitable contribution tax deductions for donations used to compensate student-athletes, a practice with impacts on competition for student-athletes and overall tax fairness, but ultimately it is a question for Congress, say Andres Castillo and Barry Gogel at the University of Maryland School of Law.

Read full article » | Save to favorites »

What 100 Federal Cases Suggest About Changes To Chevron

With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.

Read full article » | Save to favorites »

Northeast Firms Harris Beach, Murtha Cullina To Join Forces

By Christine DeRosa

Midsize law firms Harris Beach PLLC and Murtha Cullina LLP on Tuesday announced plans to combine starting next year, creating one firm with a footprint across Connecticut, Massachusetts, New York and nearby states.

Read full article » | Save to favorites »

Titans Of The Plaintiffs Bar: Susman's Brook, Shackelford

By Sydney Price

Susman Godfrey LLP attorneys Davida Brook and Stephen Shackelford Jr. learned very early on in their working relationship that they needed to trust each other. That concept, they say, has been foundational to their success as defamation attorneys, and those who have worked alongside them say everyone else has reason to trust them, too.

Read full article » | Save to favorites »

Florida Judge Delays Trump's Classified Docs Trial Indefinitely

By David Minsky

The Florida judge overseeing the criminal case that accuses former President Donald Trump of holding onto classified documents upon leaving office extended indefinitely the planned May 20 start of the trial, citing "myriad and interconnected pretrial" issues regarding the Classified Information Procedures Act, according to a federal court order filed on Tuesday.

Order attached | Read full article » | Save to favorites »

Stormy Daniels Tells NY Jury 'Fear' Drove Hush Money Deal

By Frank G. Runyeon, Stewart Bishop and Rachel Scharf

Adult film star Stormy Daniels detailed for a Manhattan jury on Tuesday how a sexual encounter with Donald Trump in 2006 led to an alleged $130,000 hush money payment in 2016, describing how it was "fear and not money" that led her to make the deal.

Read full article » | Save to favorites »

Coverage Recap: Day 9 Of Trump's NY Hush Money Trial

By Rachel Scharf, Stewart Bishop and Frank Runyeon

Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments to porn star Stormy Daniels ahead of the 2016 election. Here's a recap from day nine.

Read full article » | Save to favorites »

Prepetition Waivers Sway Invitae Judge On Kirkland Hire

By Vince Sullivan

A New Jersey bankruptcy judge approved the retention of Kirkland & Ellis LLP as bankruptcy counsel for debtor Invitae Corp. Tuesday, the same day he approved a $239 million sale of its assets to Labcorp.

Read full article » | Save to favorites »

Atty Dons Muppet Head To Open Sesame Place Race Bias Trial

By P.J. D'Annunzio

A federal jury in Philadelphia on Tuesday gazed at the googly eyes and blue fur of an attorney who donned the head of Sesame Street's Grover to tell them that performers wearing the fluorescent bodysuits of other beloved Muppets discriminated against children at a Pennsylvania theme park because of the color of their skin.

Read full article » | Save to favorites »

Remote Atty Is No Reason For Mistrial, 10th Circ. Says

By Emily Sawicki

In a published opinion Tuesday, a Tenth Circuit panel ruled that the remote court appearance of a plaintiff's attorney who contracted COVID-19 was not grounds to declare a mistrial after a Black utility worker lost his Title VII workplace discrimination case in Kansas, finding that the plaintiff could not show that he was prejudiced by his lead counsel's absence.

Opinion attached | Read full article » | Save to favorites »