Intellectual Property

  • May 23, 2024

    Dyson Says It Deserves Counterfeiters' Profits

    Dyson told the Seventh Circuit on Thursday that a district court's refusal to award it profits from several e-commerce shops that defaulted in a trademark counterfeiting lawsuit should be reversed because it essentially "punished" the company by requiring it to provide proof that defendants should have offered.

  • May 23, 2024

    USPTO Issues Guidance On New Fed. Circ. Design Patent Test

    The U.S. Patent and Trademark Office has issued guidance laying out how to apply the Federal Circuit's Tuesday en banc decision, making the standard for obviousness in design patents more flexible.

  • May 23, 2024

    House Money: The Path To A Landmark NCAA NIL Settlement

    The NCAA is expected to pay more than $2.7 billion to settle a yearslong antitrust class action lawsuit featuring hundreds of thousands of former college athletes who alleged the organization owed them for years of unpaid name, image and likeness compensation. Here, Law360 walks you down the winding path that led to the massive reported settlement.

  • May 23, 2024

    Old Case Can't Nix $181M AT&T, Nokia Verdict, Fed. Circ. Told

    Finesse Wireless LLC pushed back at the Federal Circuit against AT&T and Nokia's appeal of a more than $181 million verdict in Texas federal court for infringing Finesse's patents on reducing radio frequency interference, saying the companies' reliance on a 140-year-old Supreme Court case was misplaced.

  • May 23, 2024

    NCAA, Athletes Settle NIL Class Action Over Billions In Pay

    The NCAA said Thursday it has reached a settlement with the former college athletes who had filed an antitrust class action demanding billions in potential compensation allegedly denied to them for decades before the U.S. Supreme Court overturned the NCAA's compensation ban.

  • May 23, 2024

    VW And Porsche Largely Invalidate Headlight Patent At PTAB

    The Patent Trial and Appeal Board has invalidated the vast majority of an Israeli inventor's patent covering adaptive headlights challenged by Volkswagen and Porsche, finding all but three challenged claims were obvious.

  • May 23, 2024

    Proposal To Expand PTAB Practitioners Divides Atty Groups

    Patent lawyers and others have chimed in on proposed plans from the U.S. Patent and Trademark Office that would potentially "designate nonregistered practitioners" to litigate at the Patent Trial and Appeal Board, with some urging the agency to let nonpatent lawyers argue there, while others warn it could "dilute the importance of the registration process."

  • May 23, 2024

    Fed. Circ. Upends Inventors' Interference Win Over Time-Bar

    The Patent Trial and Appeal Board wrongly chose inventors tied to Cook Medical, rather than ones tied to Medtronic, when determining who should prevail in an interference proceeding over catheters, the Federal Circuit held Thursday.

  • May 23, 2024

    Fed. Circ. Says Winery Minority Owner Can't Try To Cancel TM

    The Federal Circuit has affirmed a Trademark Trial and Appeal Board decision that a family trust that is a minority owner of Paul Hobbs Winery, which owns the trademark registration on the name of winemaker Paul Hobbs, does not have the right to seek cancellation of registrations on certain trademarks.

  • May 23, 2024

    Man Behind NH Primary Deepfake Faces Charges, FCC Fines

    The Democratic consultant accused of making robocalls with a cloned voice of President Joe Biden discouraging voters from taking part in the New Hampshire primary faces a state indictment on 13 felony voter suppression charges and $6 million in potential federal fines.

  • May 23, 2024

    Legal Marketer, Ark. Firm Agree To End Trade Secrets Suit

    A legal marketing business has agreed to dismiss a Georgia federal lawsuit accusing an Arkansas law firm and others of stealing and profiting off its trade secrets, including a database of client leads for mass torts over talcum powder and heartburn medication.

  • May 23, 2024

    Ex-Shook Hardy IP Team Joins Boies Schiller In DC

    Boies Schiller Flexner has beefed up its intellectual property services in Washington, D.C., with the addition of a trio of attorneys who previously practiced together for nearly a decade at Shook Hardy & Bacon, the firm announced Thursday.

  • May 22, 2024

    Pryor Cashman Atty Accused Of 'Brazen' Hose Patent Fraud

    An attorney for Pryor Cashman LLP and his client were accused Wednesday in Florida federal court of engaging in a "brazen" scheme to usurp a hose company's rights to a patent portfolio while also defrauding the U.S. Patent and Trademark Office.

  • May 22, 2024

    Salesforce Gets Texas Judge To Move Patent Suit To California

    For at least the second time in a week, a federal judge in Austin, Texas, has explained why he has shipped a patent lawsuit from his court to the Northern District of California — this time in a case brought by a bankrupt startup against one of Salesforce's brands.

  • May 22, 2024

    Inventor To Take $102M IP Malpractice Row To Ga. High Court

    A neurosurgeon pursuing a nearly $102 million legal malpractice case against FisherBroyles LLP and a legal services contractor over a missed patent filing deadline said Wednesday that he is planning to take the dispute to the highest court in the Peach State.

  • May 22, 2024

    Record Co. Worker Can't Appeal Before Nirvana Logo Trial

    A former record company employee who claims he created Nirvana's "smiley face" logo can't immediately appeal a ruling denying his ownership claim or delay trial in the band's copyright suit against designer Marc Jacobs International LLC over the logo, a California federal judge has ruled.

  • May 22, 2024

    NFL Escapes Sanders Statue Spat As Getty Eyes Arbitration

    The NFL has escaped a New York federal lawsuit filed by a professional photographer who claims his copyrighted photo was unlawfully used to create a statue of legendary running back Barry Sanders, while Getty Images Inc. hopes to settle through arbitration.

  • May 22, 2024

    PTAB Finds Inergy's Chip Patent Challenges 'Compelling'

    The Patent Trial and Appeal Board has decided to review Force Mos Technology chip patents, saying it won't rely on a 2020 precedent to discretionarily deny challenges by Inergy Technology Inc. in light of a looming district court trial because the petitions raise "compelling evidence of unpatentability."

  • May 22, 2024

    Justices' CFPB Alliance May Save SEC Courts, Not Chevron

    A four-justice concurrence to the U.S. Supreme Court's decision upholding the Consumer Financial Protection Bureau's unique funding scheme last week carries implications for other cases pending before the court that challenge the so-called administrative state, or the permanent cadre of regulatory agencies and career government enforcers who hold sway over vast swaths of American economic life.

  • May 22, 2024

    Justices Urged To Undo 'Nonsensical' Double Patenting Ruling

    Cellect LLC asked the U.S. Supreme Court to review the "nonsensical" invalidation of its patents through so-called obviousness-type double patenting, alleging the Federal Circuit "punished" it for delays in the patent prosecution process that were outside of its control.

  • May 22, 2024

    Insurance Co. Says Ex-Underwriter 'Lured' Away Colleagues

    An insurance brokerage and its affiliate have accused a former high-ranking company official of decamping for a competitor and encouraging colleagues to follow suit, according to a complaint designated Wednesday to North Carolina Business Court.

  • May 22, 2024

    Carmen Electra, Other Models' Likeness Suit Moves Forward

    A Pennsylvania federal judge has rejected a bid from three Philadelphia-area strip clubs to throw out a suit claiming they wrongly used the likeness of models including Carmen Electra, saying the models' claims were plausible.

  • May 22, 2024

    Boeing Can't Use Belated Patent Defense In Startup's IP Trial

    A Washington federal judge has rejected The Boeing Co.'s last-minute bid to tell a jury that its patents preempt claims it misappropriated an electric jet startup's intellectual property, saying it would be unfair to allow previously unpled affirmative defenses now that the trial is underway.

  • May 22, 2024

    Teva, Bristol-Myers Cite Bystolic Against Cancer Drug Case

    Celgene and parent Bristol-Myers Squibb pointed a New Jersey federal judge to the dismissal, recently upheld by the Second Circuit, of an antitrust suit over delayed generic competition to AbbVie's hypertension treatment Bystolic to argue the same logic applies to their bid to duck antitrust claims over cancer therapies.

  • May 22, 2024

    Spencer Fane Lures In Big-Name 'Misfits' For Patent Group

    Spencer Fane LLP has spent the past two years building up what it hopes to be a top-tier intellectual property group, pulling together a "band of misfits" from firms like Fish & Richardson PC and McKool Smith, according to the group's co-leader.

Expert Analysis

  • Measuring Early Impact Of Rule 702 Changes On Patent Cases

    Author Photo

    Since Federal Rule of Evidence 702 was amended to clarify the standards for admitting expert witness testimony five months ago, emerging trends in patent cases suggest that it may be easier to limit or exclude expert testimony, and hold key practice takeaways for attorneys, say Manuel Velez and Nan Zhang at Mayer Brown.

  • Protecting IP May Be Tricky Without Noncompetes

    Author Photo

    Contrary to the Federal Trade Commission's view, trade secret law cannot replace noncompetes' protection of proprietary information because intellectual property includes far more than just trade secrets, so businesses need to closely examine their IP protection options, say Aimee Fagan and Ching-Lee Fukuda at Sidley.

  • 8 Legal Issues Influencing Investors In The Creator Economy

    Author Photo

    The rapidly expanding digital creator economy — funding for which more than doubled in the U.S. in the first quarter — comes with its own set of unique legal issues investors must carefully consider before diving in, say Louis Lehot and Alan Pate at Foley & Lardner.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

    Author Photo

    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • How Copyright Office AI Standards Depart From Precedent

    Author Photo

    The U.S. Copyright Office's recent departure from decades of precedent for technology-assisted works, and express refusal to grant protection to artificial intelligence-assisted works, may change as the dust settles around ancillary copyright issues for AI currently pending in litigation, says Kristine Craig at Hanson Bridgett.

  • IP Considerations For Companies In Carbon Capture Sector

    Author Photo

    As companies collaborate to commercialize carbon capture technologies amid massive government investment under the Infrastructure Investment and Jobs Act, a coherent intellectual property strategy is more important than ever, including proactively addressing and resolving questions about ownership of the technology, say Ashley Kennedy and James De Vellis at Foley & Lardner.

  • Does Expert Testimony Aid Preliminary IPR Responses?

    Author Photo

    Dechert attorneys analyze six years of patent owners' preliminary responses to inter partes review petitions to determine whether the elimination of the presumption favoring the petitioner as to preinstitution testimonial evidence affected the usefulness of expert testimony in responses.

  • Rebuttal

    Double-Patenting Ruling Shows Terminal Disclaimers' Value

    Author Photo

    While a recent Law360 guest article seems to argue that the Federal Circuit’s Cellect decision last year robs patent owners of lawful patent term, the ruling actually identifies how terminal disclaimers are the solution to the problem of obviousness-type double patenting, say Jane Love and Robert Trenchard at Gibson Dunn.

  • Series

    Swimming Makes Me A Better Lawyer

    Author Photo

    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling

    Author Photo

    In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.

  • Should NIL Collectives Be Allowed Tax-Favored Status?

    Author Photo

    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.

  • What 100 Federal Cases Suggest About Changes To Chevron

    Author Photo

    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.

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

    Author Photo

    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.

  • Manufacturers Should Pay Attention To 'Right-To-Repair' Laws

    Author Photo

    Oregon’s recently passed "right-to-repair" statute highlights that the R2R movement is not going away, and that manufacturers of all kinds need to be paying attention to the evolving list of R2R statutes in various states and consider participating in the process, says Courtney Sarnow at Culhane.

  • Why High Court May Have Rejected IP Obviousness Appeal

    Author Photo

    Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!