Intellectual Property

  • September 20, 2021

    Lupin Will Pay $150M To End Glumetza Antitrust Suit

    Direct buyers of blood sugar medication Glumetza on Monday inked a $150 million deal in California federal court with Lupin Pharmaceuticals, which is accused of taking part in a scheme to stave off the launch of a generic version of the blockbuster drug.

  • September 20, 2021

    Samsung Gets PTAB To Ax Sensor Patents On Remand

    The Patent Trial and Appeal Board has sided with Samsung and again held that claims in a pair of motion sensor patents asserted against the smartphone giant in a New Jersey case are invalid as obvious, after the Federal Circuit vacated some of the board's previous invalidity findings and remanded. 

  • September 20, 2021

    Scientific Games Must Face Card Shuffler Antitrust Suit

    An Illinois federal court on Monday rejected a bid from Scientific Games Corp. to escape allegations that it used sham patent suits to corner the automatic card shuffling market after finding there was still insufficient evidence to conclude a rival should have filed suit sooner.

  • September 20, 2021

    Ice Cube's TM Suit Against Robinhood Wrecked For Good

    Ice Cube saw his trademark lawsuit against investment app Robinhood over its newsletter featuring a still frame of him from one of his movies tossed for good on Monday, as a federal magistrate judge said his amended complaint didn't add anything to preserve it.

  • September 20, 2021

    PTAB Wipes Out Financial Patent Under Alice

    The Patent Trial and Appeal Board has invalidated a Swedish company's patent on an automated process for terminating over-the-counter derivative contracts under Alice and rejected a revised bid to amend the claims, handing a win to challenger Quantile Technologies Ltd.

  • September 20, 2021

    The Weeknd Hit With Copyright Suit Over 'Call Out My Name'

    The Weeknd is facing a new copyright lawsuit in Los Angeles federal court that claims the superstar lifted key elements for his hit "Call Out My Name" from an earlier song created by two music producers.

  • September 20, 2021

    ITC Judge Says Chamberlain Infringed Garage Door Patents

    An administrative law judge at the U.S. International Trade Commission has issued an initial determination in Overhead Door's bid to block a rival from importing garage door operating systems, finding that The Chamberlain Group is infringing five patents.

  • September 20, 2021

    Justices Told 2nd Circ. Ruling Puts Well-Known TMs At Risk

    A Swiss company has asked the U.S. Supreme Court to weigh in on the limits of trademark functionality after the Second Circuit found that its candy-colored dental products are not protected by trademark law, a ruling the company warns "jeopardizes scores of well-known trademarks."

  • September 20, 2021

    Film Funder Sues Chicago Atty Over Legal Work On Cop Show

    A media investor claims in an Illinois state court lawsuit that the now-defunct Chicago law firm Crowley & Lamb PC and one its former named partners negligently advised him during the development of a television show based on the experiences of three ex-Chicago cops and failed to secure the life rights of the officers in question.

  • September 17, 2021

    Comcast Can't Invalidate NexStep's 'Concierge' Patents

    A Delaware judge denied an early win bid Friday to Comcast Cable Communications in its effort to invalidate two customer troubleshooting "concierge" patents just ahead of a jury trial on allegations the cable and internet giant infringed NexStep's methods of combining and integrating telecom services.

  • September 17, 2021

    Rosen Law Firm To Lead Investor Suit Against Botox Rival

    The Rosen Law Firm on Friday was appointed class counsel in a shareholder action against medical aesthetics company Evolus Inc. that was filed after the company's share price fell when it was barred it from importing and selling its alternative to Botox in the United States for 21 months.

  • September 17, 2021

    Arthrex Ruling Applies To Ex Parte Appeals, Fed. Circ. Says

    The Federal Circuit has confirmed that the director of the U.S. Patent and Trademark Office can review an appeal of a rejected patent application in light of the U.S. Supreme Court's Arthrex ruling that Patent Trial and Appeal Board judges were unconstitutionally appointed.

  • September 17, 2021

    Brand Battles: Microsoft Strikes Back At 'Rise of Empires'

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, Microsoft is trying to block a Hong Kong rival from getting a trademark on a Rise of Empires video game, citing the tech giant's own popular Age of Empires game franchise — plus four other cases you need to know about.

  • September 17, 2021

    Ingevity Vows To Appeal $85M Antitrust Loss To BASF

    Ingevity Corp. is planning to challenge the nearly $85 million in damages it was hit with Wednesday, when a Delaware federal jury found that the specialty chemical and carbon product maker had broken antitrust laws to stay on top of the game in vehicle fuel vapor capture components.  

  • September 17, 2021

    Apple Tells Fed. Circ. That Albright Was Wrong To Move Trial

    Apple has told the Federal Circuit that U.S. District Judge Alan Albright's "last-minute" decision to move an October patent jury trial over its Apple Wallet app from Austin to Waco within the Western District of Texas "would magnify the dangers posed by the virus," pointing to a recent surge in COVID-19 cases there.

  • September 17, 2021

    Instagram Beats Photo Embedding Copyright Suit

    A California judge nixed a copyright suit from a pair of photographers who claimed that Instagram shouldn't allow websites to easily post embedded photos, ruling Thursday that the websites aren't liable for direct infringement and so the social media giant isn't on the hook for secondary infringement.

  • September 17, 2021

    Fed. Circ. Upholds ITC Infringement Finding On Milk Patent

    The Federal Circuit on Friday upheld the U.S. International Trade Commission's finding that a pair of bacteria strains used by German-based Jennewein infringed a Glycosyn milk patent.

  • September 17, 2021

    3rd Circ. Preview: Antitrust, Defamation Suits Kick Off Fall

    The Third Circuit will begin autumn by weighing antitrust matters involving Merck Sharp & Dohme Corp.'s bid to arbitrate claims that doctors overpaid for rotavirus vaccines and an airport restaurant subleasing company's resistance to a Pepsi-only sales rule.

  • September 17, 2021

    Polish Pharma Co. Gets Arbitration Bid OK'd In IP Fight

    A North Carolina judge has signed off on a bid by a Polish pharmaceuticals manufacturer to force arbitration in Switzerland of a dispute over trade secrets relating to a muscle relaxant, rejecting an argument that the company had waived arbitration by seeking an injunction first.

  • September 17, 2021

    IP Hires: Gunderson Dettmer, Goodwin, Fox Rothschild

    Gunderson Dettmer has bolstered its intellectual property practice with the addition of a former Orrick attorney, while Goodwin Procter brought on a former Dechert partner to join its life sciences and technology team in Paris. Here are the details on these and other notable hires.

  • September 17, 2021

    Health Hires: Holland & Knight, Arnall Golden Gregory

    Holland & Knight LLP has snapped up an Akerman LLP partner in New York, while Arnall Golden Gregory LLP has built out its D.C. presence with a new health law litigator, headlining Law360's latest roundup of personnel moves in the health care and life sciences arena.

  • September 17, 2021

    Hyundai Elevates Assistant GC To Chief Legal Officer

    Hyundai Motor North America has promoted its assistant general counsel to serve as the automotive company's chief legal officer, the company announced Friday.

  • September 17, 2021

    3rd Circ. Says TTAB Ruling Doesn't Preclude Later Lawsuit

    The Third Circuit on Friday revived a bitter trademark dispute between former musicians from the soul group The Ebonys over the rights to the name, ruling that an earlier decision by the Trademark Trial and Appeal Board did not block a later infringement lawsuit.

  • September 17, 2021

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

    This past week in London has seen Malawian farming families file a new claim against U.K. tobacco companies, an Italian region in a new lawsuit over derivatives contracts, and the energy regulator take action against a failed power company. Here, Law360 looks at those and other new claims in the U.K. 

  • September 16, 2021

    Intel Calls Fortress' 'Buy Low, Sell High' IP Strategy Illegal

    Intel urged a California federal judge at a hearing Thursday to keep alive its lawsuit accusing Fortress Investment Group of running an anti-competitive patent aggregation scheme, arguing it's sufficiently pled that the hedge fund's "buy low, sell high" intellectual property strategy violates antitrust laws.

Expert Analysis

  • Why A Missed Email Could Cost You Your Case

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    A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.

  • How Intellectual Property Rights Can Complicate NFT Market

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    There are several important but underappreciated technical aspects of nonfungible tokens that inform their relationship with intellectual property rights and ultimately the valuation of NFTs conveying ownership of assets, say Collin Starkweather at Starkweather Economics, Izzy Nelken at Super Computer Consulting and Sam Miller at Rimon.

  • 5 Reasons Lawyers Often Fail To Secure Litigation Funding

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    More than 95% of commercial litigation finance proposals are declined by funders because lawyers and their clients drastically underestimate the nuances of obtaining funding, but attorneys can overcome these challenges with informed and thoughtful preparation, says Charles Agee at Westfleet Advisors.

  • Despite Giuliani's Assertion, Lawyers Cannot 'Throw A Fake'

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    A new transcript reveals Rudy Giuliani telling federal agents in 2018 that it was permissible to "throw a fake" during a political campaign, but the notion that lawyers can commit acts of dishonesty without consequence as long as they do so outside their professional practice is belied by the rules of professional conduct and case law, says Hilary Gerzhoy at Harris Wiltshire.

  • Opinion

    It's Time To Upgrade Our Attorney Licensure Rules

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    The bar exam does a poor job of testing the skills employers expect from new lawyers, and those who pass the bar can practice indefinitely without independent oversight, so states should consider alternative means for assuring competence and personal stability for new as well as experienced lawyers, says David Friedman at Willamette University.

  • Considering Short- And Long-Term Effects Of COVID IP Waiver

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    The World Trade Organization's proposed temporary waiver on intellectual property protections for COVID-19 vaccines would offer unclear benefits over the next year, and, in the long term, it would devalue research and development incentives, say attorneys at Haynes and Boone.

  • Data-Based Predictions On Case Timelines After Pandemic

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    Richard Finkelman and Karl Schliep at Berkeley Research Group analyze state and federal court data to pinpoint trends and predict changes in case resolution time frames after the COVID-19 pandemic upended judicial proceedings across the country, and they explain how parties can use these analytics to inform litigation decisions.

  • Roundup

    Embracing ESG

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    In this ongoing Expert Analysis series, in-house counsel share how they are adapting to the growing importance of environmental, social and corporate governance factors.

  • Retention Is Key To Meaningful Diversity At Law Firms

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    Minority attorneys leave their law firms earlier and at higher rates than their peers, so firms must deemphasize their diversity programs' focus on recruitment and rethink the ways they support and advance attorneys from underrepresented groups, say Shilpa Coorg and David Ramírez-Gálvez at DTO Law.

  • IP Case Management Takeaways 18 Months Into Pandemic

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    As courtrooms reopen for in-person hearings and trials, analysis of 18 months of pandemic-era data offers litigators lessons on intellectual property case management, including how to handle the remote depositions, mediations and hearings that seem to be here to stay, say attorneys at MoFo.

  • Avoiding Unauthorized Practice Of Law In Remote Work

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    The COVID-19 pandemic has forced many lawyers to telecommute, potentially from home jurisdictions where they are not admitted, raising questions about compliance with states’ unauthorized practice of law mandates — but attorneys can look to rules, advisory opinions and case law for clarity, say Lauren Snyder and Amy Richardson at Harris Wiltshire.

  • Considerations For Patent Assignments After Minerva Ruling

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    The U.S. Supreme Court's recent ruling in Minerva Surgical v. Hologic, reaffirming the doctrine of assignor estoppel in certain circumstances and potentially making assignment of patent rights more contentious, should encourage both assignors and assignees to scrutinize the terms, say Austen Zuege at Westman Champlin and Benjamin Edlavitch at Edlavitch Law.

  • Striking The Right Academic Research Deal As A Sponsor

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    As industry funding of academic research continues to rise, lawyers advising sponsoring entities should understand the intricacies of negotiating research agreements, including those around deal structure, intellectual property ownership and licensing, and confidentiality of findings, says Catlan McCurdy at McCurdy.

  • Opinion

    Rule 702 Proposal Would Overly Restrict Expert Testimony

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    The effort underway to revise Federal Rule of Evidence 702 is an unnecessary repudiation of the Daubert standard for admissibility of expert testimony — a change that would thrust judges into the role of juries and disproportionately affect plaintiffs, says Susan Steinman at American Association for Justice.

  • Overlooked Patent Cases: Indirect Infringement Developments

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    Because recent, potentially overlooked district court cases reveal disagreement on whether complaints may themselves provide the knowledge of asserted patents required for pleading indirect patent infringement, patentees should be cognizant of the available alternatives to satisfying the knowledge requirement, say Brandon Rash and Sohrab Hajarian at Akin Gump.

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