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Intellectual Property
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April 18, 2025
MLB Players Aim To Strike Out DraftKings NIL Case Appeal
Major League Baseball players called foul on DraftKings Inc.'s bid for the Third Circuit to decide whether the players' claims that the betting app used photos of them in ads without permission can proceed, arguing that a lower court got it right when it refused to dismiss their claims.
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April 18, 2025
4th Circ. Pauses Software TM Trial After Atty Held In Contempt
The Fourth Circuit has pressed pause on an upcoming trademark trial between rival software companies while the defendant and its counsel at Womble Bond Dickinson appeal a contempt order over misrepresentations they allegedly made in a foreign tribunal.
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April 18, 2025
Dykema Adds Trademark Pro From Smith Gambrell In Austin
Dykema Gossett PLLC has bolstered its trademark practice group with a member in Austin who brings more than a decade of experience as an examining attorney with the U.S. Patent and Trademark Office and who joined the firm from Smith Gambrell & Russell LLP.
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April 17, 2025
Incyte Can Get Novartis' Privileged Info On Drug Royalty Deal
Novartis must produce certain privileged documents to Incyte concerning its understanding of their contract for royalty payments from sales of Incyte's blood cancer drug, unless Novartis agrees its former outside counsel, who negotiated the terms, won't testify about that topic at the upcoming contract breach trial, a New York federal judge said Thursday.
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April 17, 2025
DC Circ. Has No Sympathy For Novartis Over Generic Entresto
A D.C. Circuit panel went in circles Thursday with attorneys from Novartis, MSN Pharmaceuticals and the federal government, trying to work out how a study over dosing levels in the blockbuster drug Entresto should impact whether a generic version can be approved.
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April 17, 2025
Another Xerox Patent Bites The Dust At Fed. Circ.
Federal Circuit judges on Thursday affirmed yet another patent board ruling that scratched out claims in a patent issued to a Xerox unit that was asserted against a trio of major social media companies.
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April 17, 2025
Daimler Ends Legal Battle Over Radiator Patent Before Trial
Daimler Truck North America LLC has decided to settle a legal fight over a reissued patent that covers a way of stopping decay in truck radiators — initially issued to the owner of a radiator repair shop in North Carolina — just a month before the case was to head for a trial in a federal court in Charlotte.
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April 17, 2025
Rapper Drops Houston Texans From 'Still Tippin' Lawsuit
Texas rapper Bigg Tyme and his company dropped the Houston Texans from a copyright infringement lawsuit that alleges the NFL team and fellow rapper Mike Jones stole Bigg Tyme's 2002 song "Still Tippin" to use at games without his permission.
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April 17, 2025
Patent Office Plans Rulemaking For New PTAB Denial Process
The U.S. Patent and Trademark Office intends to go through the notice-and-comment rulemaking process for its new procedures allowing its director to decide whether petitions challenging patents at the Patent Trial and Appeal Board should be denied for discretionary reasons, a panel of judges and agency personnel said at a webinar on Thursday.
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April 17, 2025
ITC Blocks Chinese Co.'s Plastics Tech Over Patent Dispute
The U.S. International Trade Commission issued a limited order barring a Chinese company from importing parts used in molding machines that make plastic bottles, following an infringement case from a Canadian rival — though the trade agency split in its decision not to issue a cease-and-desist order targeting imported parts that already made it into the U.S.
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April 17, 2025
Music Rights Orgs. Trade Barbs In Copyright Office Inquiry
The organizations responsible for getting musical artists their royalty payments sparred with each other in comments to the U.S. Copyright Office, with one legacy organization accusing newer entrants of insufficient transparency, and one of those competitors in turn alleging "anticompetitive practices" by the established players.
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April 17, 2025
Program To Speed Up Climate Change Patent Exams Axed
Federal patent officials have officially pulled the plug on a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, after suspending it earlier this year.
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April 17, 2025
Copyright Office Opines On Harper Lee 7th Circ. Appeal
The U.S. Copyright Office is lending its opinion in a dispute over who has the rights to authorize stage adaptions of Harper Lee's iconic book "To Kill A Mockingbird," saying in an amicus brief to the Seventh Circuit that the company that once had the rights for the play cannot prevent others from creating new adaptions after the late author terminated those rights.
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April 17, 2025
Hyundai Can Seek Atty Fees On Withdrawn Ad Patents
A California federal judge on Thursday declared Hyundai the prevailing party in litigation brought against it by StratosAudio Inc. after the Federal Circuit declared StratosAudio's advertising patents invalid, and said the automaker could file a motion seeking attorney fees on two other patents voluntarily withdrawn from the case.
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April 17, 2025
AstraZeneca Unit Hit With Antitrust Suit Over Soliris
Not-for-profit insurance company EmblemHealth Inc. has hit an AstraZeneca unit with a proposed class action claiming the subsidiary defrauded the U.S. Patent and Trademark Office to delay generic competition of its blood disorder product Soliris.
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April 17, 2025
Stites & Harbison Adds 4th Cantor Colburn IP Atty In Conn.
A little over six months after Stites & Harbison PLLC launched its new outpost in Connecticut with a three-attorney team from Cantor Colburn LLP, a fourth lawyer has made the jump to join Stites & Harbison's intellectual property and technology service group in Hartford, the firm has said.
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April 17, 2025
'Moonshine' Fudge Maker Must Pay Fees For Failed IP Claims
The maker of "Chocolate Moonshine" fudge may have won a trade secrets case against his ex-wife and her new chocolate company, but he must pay the defendants more than $174,000 in attorney fees and costs for his unsuccessful trademark and copyright infringement claims.
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April 17, 2025
Fed. Circ. Won't Revive Network Tech Patent Suit
The Federal Circuit on Thursday upheld a lower court's finding that Seattle-based technology company F5 did not infringe a patent owned by WSOU Investments LLC covering a network traffic distribution technology.
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April 17, 2025
Music Royalties Co. Hipgnosis Revives UK Fight With Manilow
British music royalties firm Hipgnosis can forge ahead with its unpaid royalties case against singer Barry Manilow in the U.K., after an appellate panel on Thursday overturned a pause imposed because of parallel proceedings in Los Angeles.
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April 17, 2025
UK Litigation Roundup: Here's What You Missed In London
The past week in London has seen the producers of West End show "Elf the Musical" face a contract dispute, Korean biotech company ToolGen Inc. bring a fresh patents claim against pharma giant Vertex, and ousted car tycoon Peter Waddell bring a claim against the private equity firm that backed his business. Here, Law360 looks at these and other new claims in the U.K.
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April 16, 2025
Fed. Circ. Won't Touch Meta's PTAB Win Against Xerox
A Federal Circuit panel on Wednesday quickly and without comment rejected a bid from Xerox Corp. to overturn a Patent Trial and Appeal Board decision in favor of Meta Platforms Inc. that found claims in a message distribution patent are invalid.
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April 16, 2025
Pa. Poultry Farm's Slaughter Methods Deemed Trade Secrets
The Pennsylvania Superior Court has ruled that an animal rights group cannot force a Lebanon County poultry farm to disclose its chicken slaughtering practices, with the court ruling that the materials sought were confidential trade secrets.
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April 16, 2025
Ye Says DJ Khalil Is Fishing For Profits In 'Donda' IP Lawsuit
The artist formerly known as Kanye West denied derailing discovery in a lawsuit alleging he stole music from DJ Khalil and three other artists for two tracks on his blockbuster "Donda" album, telling a California federal judge Tuesday that the $50,000 sanctions bid is just a "profit-driven fishing expedition."
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April 16, 2025
Texas Ranch Neighbor Agrees Not To Use 'Mesa Vista' Name
The owner of a property neighboring the late T. Boone Pickens' luxurious Mesa Vista Ranch hunting estate in the Texas Panhandle has agreed to stop using the name after being sued by the ranch's new owner.
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April 16, 2025
AlmondNet Sues Amazon Again After $136M Ad IP Victory
AlmondNet Inc. is aiming to expand on the $136 million it already won against Amazon for patent infringement with a new suit in Texas federal court accusing the technology giant of infringing another patent tied to directing television advertisements.
Expert Analysis
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.