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Intellectual Property
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August 08, 2025
How Patent Attys Can Limit 'Skinny Label' Risks In Ads
The Federal Circuit has twice cited a company's marketing practices to allow arguments that a generic drug's "skinny label" could induce patent infringement, and here, Law360 offers tips on how patent attorneys can take a more active role in making sure company and client advertisements pass muster.
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August 08, 2025
USPTO Throws Out Over 52,000 TM Apps For Fraud Issues
The U.S. Patent and Trademark Office has thrown out tens of thousands of applications and registrations for trademarks prepared by a Chinese company that allegedly forged signatures and doled out legal advice despite not having the training to do so.
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August 08, 2025
Vape Maker Must Arbitrate Claims Of Distributor Misconduct
A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.
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August 08, 2025
George Clinton Fights Sanctions In Decades-Long IP Battle
Funk legend George Clinton has asked a Florida federal court to reject sanctions and lawsuit dismissal bids from music executive Armen Boladian, arguing that his copyright ownership complaint is not frivolous.
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August 08, 2025
GlaxoSmithKline Will Get $500M In CureVac-Pfizer Patent Deal
British pharmaceutical company GlaxoSmithKline said Friday it stands to make up to $500 million from settlements between German biotech companies CureVac and BioNTech after their legal disputes were squashed by a merger.
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August 08, 2025
Citing 'Seinfeld,' Nostalgic Judge Pares SmartSky Patent Suit
A federal judge pined for the pre-internet days of disconnectivity while flying and blamed two in-flight Wi-Fi companies for ushering that era's demise as he invalidated a claim in one of the patents in an infringement dispute between the two.
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August 08, 2025
Match Beats Rest Of British Telecommunications Patent Suit
Match.com has defeated the remainder of a lawsuit claiming it infringed a personal profile patent owned by British Telecommunications, saying the last claim at issue didn't pass either prong of the U.S. Supreme Court's Alice test.
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August 08, 2025
Fed. Circ. Undoes LG's $14M Trial Loss, Invalidating Patent
The Federal Circuit on Friday scrapped a $14 million judgment against LG Electronics Inc. for infringing a Mondis Technology Ltd. patent covering a computer display technology, deeming the patent invalid based on an inadequate written description.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Judge Tosses $150M Royalties Suit Against SiriusXM
A Manhattan federal judge has dismissed a suit against SiriusXM from a nonprofit royalty collector alleging $150 million in unpaid royalties, saying the dispute cannot be litigated under a certain section of the Copyright Act.
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August 08, 2025
Stewart Rejects 8 IPR Petitions While Overriding May Denial
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.
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August 08, 2025
Google Loses Bid To Send Patent Case From WDTX To Calif.
A Western District of Texas magistrate judge has refused to ship to California a lawsuit accusing Google of infringing patents covering ways to safely do financial transactions on a mobile device, finding the tech giant failed to show the Golden State was more convenient.
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August 08, 2025
Buchanan Ingersoll Hires Section 337 Leader From Polsinelli
Buchanan Ingersoll & Rooney PC has brought on as shareholder an international trade attorney from Polsinelli PC to lead its International Trade Commission Section 337 practice, the firm has announced.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.
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August 08, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the U.S. Securities and Exchange Commission target a British investor over a $10 million microcap fraud scheme, Merck Sharp & Dohme move against Halozyme Inc. following a recent clash over its patented cancer medicine, and Birmingham City Council sue a school minibus operator years after ending its contract over DBS check failures. Here, Law360 looks at these and other new claims in the U.K.
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August 07, 2025
Settlement Ends Lashify Patent Case After Fed. Circ. Ruling
Eyelash extension maker Lashify and a company it accused of patent infringement have reached a settlement, according to a Thursday filing at the U.S. International Trade Commission, after the Federal Circuit used the case to relax rules on filing suits at the ITC.
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August 07, 2025
9th Circ. Says Attys Can't Get $920K Fees For $8K Trial Win
The Ninth Circuit affirmed a lower court's decision Thursday to deny a request of over $920,000 in attorney fees from the creator of two strategic problem-solving charts following her jury trial win of $8,000 in a copyright infringement case, saying the district court property articulated the reasons for the denial.
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August 07, 2025
Fintiv Says Apple's 'Trojan Horse' Stole Mobile Wallet Tech
Fintiv Inc. upped the ante Wednesday in its mobile wallet technology litigation against Apple Inc., accusing it in a new lawsuit of "theft and racketeering of monumental proportions" just days after a Texas federal judge called off a looming patent trial between the companies.
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August 07, 2025
Music Publishers Denied Anthropic User Info In AI Case
A California federal judge on Thursday denied a request from music publishers for the names of people who used Anthropic PBC's generative text tool Claude to get copyrighted lyrics, saying she was not persuaded that production of personal third-party user information was needed for the infringement litigation.
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August 07, 2025
PTAB Knocks Out Nike Patent From $355K Trial Victory
A Nike footwear manufacturing patent at the heart of a $355,450 damages verdict in an infringement case against athletic apparel maker Lululemon is invalid, the Patent Trial and Appeal Board has found.
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August 07, 2025
NFL, Hall Of Fame Sued Over 'Gold Jacket' Trademark
The estate of the man who created the iconic Gold Jacket presented to NFL's Pro Football Hall of Fame inductees has sued the organization, the league and others in Florida federal court over allegedly infringing the trademark and trade dress of the blazer and other alumni-related marks.
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August 07, 2025
USPTO's Chief Information Officer Leaves Agency
The U.S. Patent and Trademark Office's chief information officer is departing the agency for a job in the private sector, and the deputy CIO is stepping up to fill the position, a spokesperson confirmed to Law360 on Thursday.
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August 07, 2025
BioNTech's Acquisition Of CureVac Ends COVID Vax Case
CureVac's case alleging Pfizer and BioNTech infringed patents related to messenger RNA technology is set to be dismissed after BioNTech announced in June that it would be acquiring CureVac, canceling what would have been the first-ever trial over COVID-19 vaccine patents in the U.S.
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August 07, 2025
'Cardiac Pack' IP Suit Is Decades Too Late, NC Judge Says
A North Carolina state court on Thursday dismissed a lawsuit brought by 12 members of North Carolina State University's 1983 "Cardiac Pack" basketball team alleging that the NCAA unduly profited from their name, image and likeness by rebroadcasting footage from their national championship run.
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August 07, 2025
Connecticut Litigation Highlights In The 1st Half Of 2025
Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.
Expert Analysis
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.