Intellectual Property

  • July 30, 2021

    Munger Tolles Helped CEO Prep To Testify In Criminal Trial

    Applied Material Inc.'s current CEO testified during a criminal trial Friday that Munger Tolles & Olson LLP partners, who represent Applied in civil trade secret theft litigation that precedes the criminal case, helped him prepare to testify in the government's criminal case against four former Applied employees.

  • July 30, 2021

    DC Circ. Upholds Judicial Watch's $2.8M Win Over Klayman

    Conservative attorney Larry Klayman is still on the hook for $2.8 million after the D.C. Circuit rejected his attempt to undo his defeat in a jury trial that capped off more than a decade of bitter litigation between Klayman and Judicial Watch, the right-wing legal activist organization he founded.

  • July 30, 2021

    Albright: Any Case Mich. Can Try, I Can Try Faster

    U.S. District Judge Alan Albright won't transfer patent litigation against NetScout from his Texas court to the Eastern District of Michigan, saying while either venue could handle the case, he'll get it to trial significantly faster.

  • July 30, 2021

    Fed Circ. Won't Change Its Mind In Hard Drive IP Fight

    The full Federal Circuit turned down Western Digital Corp. in the hard drive giant's efforts to throw out claims in a data security patent asserted by SPEX Technologies Inc. in California federal court.

  • July 30, 2021

    Brand Battles: Ben & Jerry's Takes Aim At 'Half-Baked' Snacks

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Ben & Jerry's wants to block a marijuana snack company's applications for "Half-Baked" cookies and drinks, citing its ice cream of the same name — plus four other new cases you need to know.

  • July 30, 2021

    Silicon Valley Co. Gets PTAB To Ax Inventor's Circuit Patent

    The Patent Trial and Appeal Board has invalidated 17 claims in a computer circuit technology patent challenged by Flex Logix Technologies Inc., handing another win to the company in its challenge to the patent owner's technology.

  • July 30, 2021

    FTC Drops AndroGel Antitrust Case Against AbbVie

    The Federal Trade Commission is dropping its long-running case accusing AbbVie of illegally delaying generic versions of the testosterone treatment AndroGel, saying Friday the case shows enforcers need new legislation to help them recover money for consumers.

  • July 30, 2021

    NCAA To Mull Major Reforms With 'Constitutional Convention'

    The NCAA said Friday it will consider major structural changes to its governance of college sports through a "constitutional convention" after the organization suffered a major defeat at the U.S. Supreme Court earlier this year and has been pushed to allow athletes to be paid for their names, images and likenesses.

  • July 30, 2021

    Del. Court Orders New Trial On $749M Yahoo Patent Reserve

    Delaware Chancery Court on Friday ordered a new trial and directed former Yahoo owner Altaba Inc. to set aside a $749 million patent infringement suit cash reserve previously ruled unnecessary, citing post-trial disclosures and actions that "undermined" court confidence that the cash would be available if needed.

  • July 30, 2021

    Australian Judge Makes Bold Patent Leap For AI Inventions

    An Australian federal judge on Friday became the first jurist in the world to rule that inventions developed by artificial intelligence can qualify for patent protection, a decision that splits with how courts in the U.K. and U.S. have handled the issue.

  • July 30, 2021

    IP Hires: Buchalter, Dickinson Wright, Sullivan & Cromwell

    Buchalter brought on two attorneys, including the former chief legal officer of Newegg, to its litigation and corporate practice groups, and Dickinson Wright bolstered its Florida office with an attorney specializing in corporate and entertainment law. Here are the details on these and other notable hires.

  • July 30, 2021

    Fed. Circ. Affirms PTAB Ax Of Seismic Data Collection Patents

    The Federal Circuit has affirmed two decisions by the Patent Trial and Appeal Board that the vast majority of claims in two Magseis FF LLC patents on an ocean bottom seismometer are invalid as obvious, upholding a win for challenger Seabed Geosolutions US Inc.

  • July 30, 2021

    Health Hires: Polsinelli, Buchalter, Allen & Overy

    Polsinelli PC has snapped up a new shareholder from Kaufman Borgeest & Ryan LLP in New York City, Buchalter PC has beefed up its health care practice in San Diego, and Allen & Overy LLP has added an intellectual property pro from Wiggin and Dana LLP, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • July 30, 2021

    Court Sets Terms For Pfizer Damages Over Axed Lyrica IP

    The money the National Health Service and generic drug companies can claim back from Pfizer over an invalidated epilepsy drug patent should be assessed based on how much money they would have made if subsidiary Warner-Lambert had not threatened any infringement proceedings, a judge ruled Friday in London. 

  • July 30, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen Cantor Fitzgerald & Co. sue an Indian bank, eight insurers go after British construction giant John Wood, and Visa and MasterCard face new competition claims. Here, Law360 looks at those and other new claims filed in the U.K.

  • July 29, 2021

    InterDigital Wins 1st 4G Patent Trial Against Lenovo In UK

    InterDigital scored a victory in its patent battle with Lenovo when a London judge ruled Thursday in the first of a series of trials that the Chinese tech giant infringed a valid standard-essential patent for 4G wireless technology.

  • July 29, 2021

    Ex-Del. Judge Wants IP Axed As Indefinite For Squarespace

    A retired Delaware federal judge urged her former court to invalidate a series of patents DataCloud Technologies LLC has asserted against her client SquareSpace Inc., claiming they're invalid as indefinite and the patent owner has all but admitted to that.

  • July 29, 2021

    IP Forecast: Fed. Circ. To Mull Narcan Patents

    Emergent BioSolutions' grip on its blockbuster opioid overdose medication Narcan is at stake in a patent case that reaches the Federal Circuit on Monday. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • July 29, 2021

    Sens. Tell USPTO To Revive Small Patent Claims Court Talks

    Several senators have asked the U.S. Patent and Trademark Office to commission a study looking at whether a small claims court for patent litigation should be created, reopening an issue that's lain dormant for nearly a decade.

  • July 29, 2021

    Samsung, LG Settle DivX Patent Fights Over Smart TVs

    DivX on Thursday said it has reached settlements with LG and Samsung, resolving international litigation claiming they infringe the video software company's streaming patents with their smart televisions.

  • July 29, 2021

    Gilstrap Told Samsung Abuse In $25M IP Case Warrants Fees

    After securing a $25 million jury win against Samsung in May over semiconductor patents, Acorn Semi LLC has said Samsung should be on the hook for $6.7 million in fees because of its "monstrous" conduct in the case.

  • July 29, 2021

    Full Fed. Circ. Asked To Rethink 'Venue Manipulation' Ruling

    A patentee whose strategy to keep lawsuits against Samsung and LG in the Western District of Texas was deemed "venue manipulation" by the Federal Circuit is petitioning for full court review, saying on Thursday that a panel wrongly overrode venue law because "it does not like the facts."

  • July 29, 2021

    Chemical Co. Sues Seller Over IP Claim In $240M Deal

    A Kansas oilfield company has filed suit in Delaware Chancery Court against the founder of one of the companies it purchased in a $240 million deal, saying that he launched a competing business using trade secrets that he now claims are public information.

  • July 29, 2021

    Senate Panel OKs Antitrust Package Aimed At Drug Pricing

    The U.S. Senate Judiciary Committee passed a slew of bills Thursday that would increase the Federal Trade Commission's ability to crack down on a variety of anti-competitive practices that lawmakers say have driven up drug prices for years, sending the legislation to the floor for a vote.

  • July 29, 2021

    Hemp Exec Won't Defend Co. From Default Loss in TM Case

    The CEO of a Kentucky hemp company has told a federal judge that he will not defend his unresponsive business partner or company from claims that they infringed on a hemp product retailer's trademarked name.

Expert Analysis

  • How SEP Holders Can Mitigate The Effects Of Holdout

    Author Photo

    Faced with systemic holdout, which causes marketplace distortions and disincentivizes innovation, standard-essential patent holders can adjust their fair, reasonable and nondiscriminatory license terms and conditions to mitigate the negative effects by using payment schedules, say economists at Competition Dynamics.

  • Law Firms, Know Who's Responsible For Your Cloud Security

    Author Photo

    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

    Author Photo

    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Why Bypass Continuation Is Best For Nat'l Phase Patent Entry

    Author Photo

    In view of statistics revealing multiple advantages to bypass continuation filings for U.S. national phase examination of Patent Cooperation Treaty applications — including higher issuance rates, lower restriction rates and delayed fee payment — applicants should consider altering their filing strategies, says Karam Saab at Kilpatrick Townsend.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

    Author Photo

    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • A Legal Primer On Social Tokens

    Author Photo

    Social tokens, a new class of blockchain-based assets that celebrities and brands can use to connect with fans and consumers, hold great promise — but their value may be volatile, and issuers must understand the advertising, contractual and intellectual property issues that come with them, says Hannah Taylor at Frankfurt Kurnit.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

    Author Photo

    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Ensuring Patent Subject Matter Eligibility For Blockchain Tech

    Author Photo

    In order to survive subject matter eligibility challenges of patent filings for blockchain-related emerging technologies, practitioners should highlight technical features implementing novel applications and avoid drafting applications that could be interpreted as routine and conventional business practices performed via blockchain, says Drew Schulte at Perkins Coie.

  • NFTs May Come With Rewards, But Also Legal Risks

    Author Photo

    While some buyers of nonfungible tokens are experiencing enormous returns on their investments, those just entering the market should proceed with caution, and be sure to understand the risks related to contracts, taxation, intellectual property and money laundering regulations, says Anne-Laure Alléhaut at Patterson Belknap.

  • Gov't Contractor Input Vital After Biden Cybersecurity Order

    Author Photo

    The Office of Management and Budget's upcoming recommendations for improving U.S. cybersecurity defenses, following President Joe Biden's recent executive order, could create burdensome obligations for government contractors, so it's important for the government to actively engage with the industry during the rulemaking process, say executives at Leidos.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

    Author Photo

    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

    Author Photo

    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Opinion

    FTC Should Take Nuanced Approach On Noncompete Regs

    Author Photo

    In response to President Joe Biden’s recent executive order encouraging the Federal Trade Commission to regulate employer noncompete agreements, the agency should approach potential rulemaking with restraint by focusing on fair and transparent use of such agreements, says Russell Beck at Beck Reed.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

    Author Photo

    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • A Practical Metric For Annual Patent Filing Targets: Part 3

    Author Photo

    Using the theoretical target for nonprovisional applications calculated in Part 1 of this three-part article, U.S. companies can factor in expected costs for preparing and filing foreign patent applications to outline a portfolio management budget, say Michael Sartori and Matthew Welch at Baker Botts.

Want to publish in Law360?


Submit an idea
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!