Intellectual Property

  • April 30, 2024

    OpenAI Tries To Throw Out Another Copyright Case

    OpenAI is seeking to dismiss a suit in New York federal court from two alternative news websites asserting copyright infringement allegations against the Microsoft Corp.-backed artificial intelligence developer, saying they haven't shown they've been harmed.

  • April 30, 2024

    Where VLSI-Intel's High-Stakes Patent Battle Stands Now

    Intel has managed to turn the tide on litigation where it had faced the daunting possibility of owing VLSI Technology more than $3 billion for infringing microchip patents, with the tech company winning patent invalidations and a large verdict do-over. Here's a look at where the multifaceted litigation between the companies stands.

  • April 30, 2024

    Microsoft Says Ex-Worker Made 'Trojan Horse' Patent Claims

    Microsoft accused an ex-employee of staging a "Trojan horse" in a breach of contract case to get patent damages otherwise not allowed in state court, urging a Washington federal judge to keep control of the case over Xbox console patents.

  • April 30, 2024

    Ex-Enforcers Back CoStar At 9th Circ. Against Antitrust Claims

    Several former antitrust enforcers told the Ninth Circuit that a lower court was right to toss a rival's claims that CoStar monopolizes commercial real estate information markets despite concerns from the Federal Trade Commission about the allegations.

  • April 30, 2024

    Samsung Gets PTAB To Sink Patent Tied To $142M Verdict

    The Patent Trial and Appeal Board has ruled in favor of Samsung Electronics Co. LTD in the company's challenge to LTE technology owned by G+ Communications LLC, invalidating one of the patents involved in a Texas case where G+ won a $142 million verdict against the tech giant.

  • April 30, 2024

    Sens. Behind Deepfake Draft Bill Say US Needs To Act Now

    U.S. senators proposing draft legislation to address the explosion of artificial intelligence-generated replicas of individuals expressed urgency Tuesday about passing a law that overhauls the nation's patchwork of right of publicity protections, saying Congress cannot afford to do nothing.

  • April 30, 2024

    FTC Continues To Target 'Junk' Drug Patents

    Federal trade officials told a series of pharmaceutical companies — including the makers of the controversial diabetes and weight loss drug Ozempic — that they may have listed faulty patents in a key register of a federal drug database.

  • April 30, 2024

    Fed. Circ. Upholds TM Win For Brazilian Hair Products Co.

    A Tuesday precedential ruling from the Federal Circuit sided with a Brazilian hair products maker in its legal fight with a Massachusetts businessman over who could claim a Portuguese phrase celebrating curly hair.

  • April 30, 2024

    Ex-DraftKings Exec Blocked From US Role At Rival Fanatics

    A Boston federal judge Tuesday blocked a former DraftKings executive from doing the same line of work for rival Fanatics in the U.S., citing his "evasive" testimony about his decampment to Fanatics.

  • April 30, 2024

    Hospital Says IP Spat Shouldn't Delay Children's Center Build

    A Michigan hospital system has asked a judge to deny an attempt to block construction of a children's rehabilitation hospital, saying it did not copy its former architect's design and has made significant design pivots since terminating the firm's contract.

  • April 30, 2024

    Alden Newspapers Allege OpenAI, Microsoft Rip Off IP

    Eight regional newspapers owned by private equity giant Alden Global Capital sued OpenAI and Microsoft in New York federal court Tuesday, accusing the tech companies of ripping off the newspapers' copyrights and misappropriating news articles to train AI chatbots that also allegedly spread fake news falsely attributed to the newspapers.

  • April 30, 2024

    Kimmel Calls Mocking Santos' Cameo Vids 'Classic' Fair Use

    Late-night TV host Jimmy Kimmel has urged a Manhattan federal court to toss a copyright complaint from indicted former congressman George Santos over Cameo clips the comedian tricked him into making for fodder on his show, saying videos to "mock a controversial political figure" are a "quintessential example" of fair use.

  • April 30, 2024

    Conn. Firm Settles Copyright Feuds Over Website Photos

    The Connecticut consumer law firm Lemberg Law LLC and its managing attorney have agreed to settle two suits tied to a multistate copyright battle with a stock photo provider that arose in 2020 after the firm was accused of using images on its website without permission, and then countered that it was the victim of an extortion attempt.

  • April 30, 2024

    No Coverage For Foundation's Counsel In IP Row, Judge Says

    A Kansas federal court tossed two counterclaims a Kansas State University-affiliated philanthropy lodged against its insurer over coverage for a man's claims that it stole his economic development ideas for the university, finding the insurer has no duty to pay for the philanthropy's own choice of counsel.

  • April 30, 2024

    Sens. Want Clarity On Foreign College Athletes' NIL Rights

    Lawmakers on Monday pressed the Biden administration for guidance on the ability of foreign-born college athletes to earn money through advertisements and publicity deals, stressing that imprecise visa rules have confused the athletes.

  • April 29, 2024

    OpenAI Case Not Ready For Lead Counsel Pick, Judge Says

    A California federal judge has rejected authors' pick for interim lead counsel in a case accusing OpenAI of copyright infringement, ruling that the request was made too early and must wait until class certification has been decided.

  • April 29, 2024

    Pfizer Inks $25M Deal Ending Leftover Effexor Antitrust Claims

    A proposed class of indirect buyers have asked a New Jersey federal judge to greenlight a $25.5 million settlement to end allegations that Pfizer unit Wyeth engaged in a scheme with Teva Pharmaceuticals to delay generic competition for the antidepressant Effexor XR.

  • April 29, 2024

    'Shark Tank' Sweatshirt Biz Cozies Up With $18M IP Verdict

    A federal jury in Phoenix has found that Chicago hooded sweatshirt retailer Top Brand owed over $18 million for infringing design patents and trademarks of two brothers who sell the "Comfy" sweatshirt that was featured in an episode of "Shark Tank."

  • April 29, 2024

    Google Hit With Copyright Claims Over AI Image Generator

    A group of visual artists has filed a proposed class action claiming Google's text-to-image artificial intelligence tool Imagen is trained by copying "enormous amounts" of artists' copyrighted works without authorization, the latest suit challenging the use of vast datasets for AI training.

  • April 29, 2024

    Sandoz Says Biopharma Biz Added 'Poison' To Market

    More than $160 million separate generic-drug maker Sandoz Inc. and biopharmaceutical firm United Therapeutics Corp. in their estimates of damages suffered by Sandoz when the other company effectively blocked the sale of Sandoz's generic version of a hypertension medication, according to opening statements Monday during a bench trial in New Jersey federal court.

  • April 29, 2024

    Mistrial Called In $86M Stent Patent Case Against Medtronic

    An $86 million case in Texas over stents sold by medical device giant Medtronic has ended in a mistrial after U.S. District Judge Alan Albright was notified that a juror didn't want to budge on a position that was at odds with the rest of the jurors.

  • April 29, 2024

    Netflix Defeats Ex-'Survivor' Star's Claim It Copied Show Idea

    A New Jersey federal judge on Monday tossed with prejudice a suit filed by former "Survivor" contestant Gervase Peterson alleging that Netflix's show "King of Collectibles: The Goldin Touch" infringes on a teaser video he produced, saying the alleged protectable ideas are generic reality show elements.

  • April 29, 2024

    Tilray-Owned Beer Co. Hit With 'Big Juicy' TM Suit

    Brewing company No-Li Brewhouse LLC has sued a competitor owned by cannabis giant Tilray Brands LLC in Washington federal court, accusing the rival of infringing its "Big Juicy" trademark for beers.

  • April 29, 2024

    Boehringer Accused Of Monopolizing Inhaler Product Market

    Boehringer Ingelheim Pharmaceuticals has manipulated the U.S. patent and drug approval system to unlawfully block makers of generic inhaler medications, health and welfare funds claimed in a lawsuit filed Monday in Connecticut federal court, arguing that the "availability of generics has tangible cost and life-saving effects."

  • April 29, 2024

    Ohio, Ky. Reps. Again Try To Abolish PTAB

    U.S. Reps. Marcy Kaptur, D-Ohio, and Thomas Massie, R-Ky., have introduced a pair of bills aiming to overrule much of current patent law, including abolishing the Patent Trial and Appeal Board and making injunctions more common.

Expert Analysis

  • Business Litigators Have A Source Of Untapped Fulfillment

    Author Photo

    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Takeaways From USPTO's AI-Assisted Invention Guidance

    Author Photo

    Recently issued guidance from the U.S. Patent and Trademark Office clarifies how patent inventorship is to be determined when AI is involved, and while the immediate risk of prosecution for failing to meet the new standards appears low, the extent of examiners’ scrutiny remains to be seen, say attorneys at Foley & Lardner.

  • The Taylor Swift Effect: Leveraging IP Thresholds In Ads

    Author Photo

    The Cetaphil #GameTimeGlow commercial, which aired before the Super Bowl, has garnered attention for its indirect use of Taylor Swift-related symbols that were easily spotted by fans — sparking questions about the legality of nodding to the iconic pop star without violating intellectual property rights, say attorneys at ​​​​​​​Brooks Kushman.

  • 5 Ways To Hone Deposition Skills And Improve Results

    Excerpt from Practical Guidance
    Author Photo

    Depositions must never be taken for granted in the preparations needed to win a dispositive motion or a trial, and five best practices, including knowing when to hire a videographer, can significantly improve outcomes, says James Argionis at Cozen O'Connor.

  • Series

    Skiing Makes Me A Better Lawyer

    Author Photo

    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Can A DAO Be Sued? SDNY Case May Hold The Answer

    Author Photo

    A case pending in the Southern District of New York will examine whether decentralized crypto co-op MakerDAO is a partnership with the capacity to be sued in federal court, and the decision could shape how legal frameworks will adapt to accommodate blockchain technologies moving forward, say attorneys at Haynes Boone.

  • Navigating Trade Secret Litigation In A High-Stakes Landscape

    Author Photo

    Recent eye-popping verdicts are becoming increasingly common in trade secret litigation — but employers can take several proactive steps to protect proprietary information and defend against misappropriation accusations in order to avoid becoming the next headline, say Jessica Mason and Jack FitzGerald at Foley & Lardner.

  • Disney Copyright Expiration Spurs Trademark Questions

    Author Photo

    While the recent expiration of Disney’s Steamboat Willie copyright is not likely to have an immediate impact, it could provide clarity on the extent to which trademark rights in character names and appearance affect what others can do with characters from works whose copyright has expired, says Bryan Wheelock at Harness IP.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

    Author Photo

    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • Opinion

    There Is No NCAA Supremacy Clause, Especially For NIL

    Author Photo

    A recent Tennessee federal court ruling illustrates the NCAA's problematic position that its member schools should violate state law rather than its rules — and the organization's legal history with the dormant commerce clause raises a fundamental constitutional issue that will have to be resolved before attorneys can navigate NIL with confidence, says Patrick O’Donnell at HWG.

  • Valeant Ruling May Pave Way For Patent-Based FCA Suits

    Author Photo

    The Ninth Circuit’s recent ruling in Silbersher v. Valeant marks a significant development in False Claims Act jurisprudence, opens new avenues for litigation and potentially raises the stakes for patent applicants who intend to do business with the government, say Joshua Robbins and Rick Taché at Buchalter.

  • Webpages Must Meet Accessibility Standard To Be Prior Art

    Author Photo

    The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.

  • The Pros And Cons Of Protecting AI As Trade Secrets

    Author Photo

    Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.

  • Trending At The PTAB: Navigating A Motion To Amend

    Author Photo

    The Patent Trial and Appeal Board's recent decisions in motions to amend patent claims highlight the challenges of taking advantage of the board's pilot program for amending such claims, and owners and petitioners should keep several strategic considerations in mind as the program continues through mid-September, say Joshua Goldberg and Kai Rajan at Finnegan.

  • How Firms Can Ensure Associate Gender Parity Lasts

    Author Photo

    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

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!