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Intellectual Property
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July 10, 2025
Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen
California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.
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July 10, 2025
Fed. Circ. Judges Get Tough With Phillips 66 In Retrial Spat
The Federal Circuit tangled with Phillips 66 on Wednesday over the "talismanic significance" of a lower court judge declaring the oil and gas giant had made prejudicial arguments in an infringement case over oil refinery patents.
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July 10, 2025
11th Circ. Revives Case Over $3.1M Glassware Verdict Debt
The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.
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July 10, 2025
Jazz Looks To Block Avadel From Asking For Sleep Drug OK
Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.
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July 10, 2025
Sony, Baseball Coach Settle TM Suit Over Video Game
The Future Stars Series baseball training program has settled a lawsuit with Sony that accused the media giant of stealing its name and using it for an MLB video game.
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July 10, 2025
Judge Clears Karol G, Dutch DJ Of Song Ripoff Allegations
A Florida federal judge has tossed claims from flautist and composer René Lorente alleging Colombian singer Karol G and Dutch DJ Tiësto's song "Don't Be Shy" copied elements of one of his songs, doubting the testimony of Lorente's expert witness.
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July 10, 2025
Airline Mogul Resolves Hacking Case Against NC Investigator
Aviation executive Farhad Azima has resolved his long-running lawsuit accusing a North Carolina private investigator of leaking his emails as part of an international hacking conspiracy, according to a joint motion dropping the case filed in federal court.
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July 10, 2025
Nutter Atty Promoted To Firm's GC Role
Nutter McClennen & Fish LLP has picked its assistant firm counsel, who previously worked at Ropes & Gray LLP, as its new general counsel, the firm announced.
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July 09, 2025
Alaska Airlines Seeks Delta Discovery For TM Feud In UK
Alaska Airlines asked a Georgia federal judge to allow it to take discovery from Delta Airlines on Wednesday for use in a U.K. court case against Virgin Group, which Alaska said is trying to charge it millions of dollars so that Alaska's rivals can use the Virgin brand.
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July 09, 2025
J&J Unit Owes $76.6M For Ending AI Tissue Imaging Deal
A New York federal judge held Tuesday that Johnson & Johnson's Ethicon unit owes ChemImage Corp. $76.6 million after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques, adopting a 17% discount rate on intellectual property impairment damages proposed by ChemImage as opposed to Ethicon's proposed 40% rate.
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July 09, 2025
USPTO Defends Termination Of Art Project Patent App
The U.S. Patent and Trademark Office on Wednesday defended its decision to sanction an art kit company that hired a patent services business that used a licensed practitioner's signature in a patent application without permission, saying it had the authority to terminate the application.
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July 09, 2025
Law Firm Sues Over 'Spartan Law' Trademark Dispute
A Georgia law firm has filed suit against a California attorney who purports to own the trademark for "Spartan Law" in association with legal services, alleging that he threatened to sue the firm for trademark infringement despite it not being liable for any.
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July 09, 2025
T.I.'s Big Punitive Damages Win Cut To $1, Teeing Up 4th Trial
A California federal judge has reduced a jury's $53.6 million punitive damages award for rapper T.I. and his wife, singer Tameka "Tiny" Harris, to a $1 remitter, setting up a fourth trial in the trademark infringement case if the Harrises don't accept the remitter, which they have already said they will decline.
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July 09, 2025
8th Circ. Finds 'Chicken Coop' Trade Secrets Fight Can't Fly
The Eighth Circuit will not reinstate an Iowa restaurant operator's lawsuit seeking a declaration that it did not misappropriate the trade secrets of another restaurant of the same name in Nebraska, saying there is no federal question that federal courts can answer.
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July 09, 2025
Microsoft IT Supplier's Suit May Be Doomed, 9th Circ. Hints
A Ninth Circuit panel picked apart a cybersecurity firm's appeal Wednesday in a case accusing Microsoft of misusing a proprietary database of login credentials recovered on the dark web, with one judge remarking that the conduct in question was "expressly permitted" by the parties' agreement.
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July 09, 2025
Ticketing Service Drops Patent Suits Against Cowboys, Chiefs
A ticketing service on Tuesday voluntarily dropped its patent suits against the Dallas Cowboys and the Kansas City Chiefs after a Texas federal judge dismissed without prejudice a similar suit targeting the Houston Texans.
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July 09, 2025
Fed. Circ. Cements Arthrex PTAB Wins Over Medical Device IP
The Federal Circuit on Wednesday affirmed without explanation decisions from the Patent Trial and Appeal Board invalidating claims in a group of medical device patents challenged by Arthrex Inc.
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July 09, 2025
4th Circ. Rejects Machinery Co.'s 3rd Try At Trade Secrets Suit
The Fourth Circuit on Wednesday shot down a Taiwanese manufacturer's third attempt to pursue claims of trade secrets theft against its North Carolina distributor, rebuffing the idea that a manufacturer can hold distributors liable for misappropriation if they sell a rival's product.
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July 09, 2025
Calif. Atty Drops Out Of Class Action Against Avvo Inc.
One of two attorneys leveling a class action against online legal service provider Avvo Inc. over allegations it misappropriated the identities of more than 1 million attorneys to promote its legal marketing tools and referral services has moved to drop her claims.
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July 09, 2025
10th Circ. Won't Rule On Immunity In Dental Dispute
The Tenth Circuit has declined to grant a dental products company immunity from a rival's defamation claims, saying it can't yet rule on the issue since the district court's denial of immunity did not turn on a legal question.
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July 09, 2025
Fed. Circ. Snubs Samsung's Bid To Ship Texas Patent Case
The Federal Circuit on Wednesday shot down Samsung's attempt to send to California a lawsuit claiming its products such as smartphones and tablets infringe a variety of Mullen Industries LLC patents, leaving in place Eastern District of Texas Judge Rodney Gilstrap's denial of the transfer bid.
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July 08, 2025
IRhythm Argues Patent Owner's Inaction Shouldn't Doom IPRs
A heart monitoring company told the acting U.S. Patent and Trademark Office director that it shouldn't be barred from challenging a patent just because the company had known about it for 12 years, especially when the owner didn't assert it during that time.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Medtronic's Blood Pressure IP Claims Against Recor Get Axed
A California federal judge on Monday agreed to toss, for now, Medtronic Ireland's counterclaims alleging that Recor's surgical treatment for high blood pressure infringes a pair of patents, finding that Medtronic Ireland doesn't have the standing to sue because it licensed its patents to another company.
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July 08, 2025
Broadcom Wants Netflix's 'Retaliatory' Cloud Patent Suit Axed
Broadcom and cloud services provider VMware on Monday urged a California federal court to throw out Netflix's "meritless, retaliatory" patent infringement suit against them, arguing that Netflix is the one infringing Broadcom's patents and the latest suit is intended to give Netflix leverage in the ongoing dispute.
Expert Analysis
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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China High Court Ruling Could Encourage Antitrust Litigation
Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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How Amended Rule 702 Affects Testimony In Patent Litigation
In 2023, Federal Rule of Evidence 702 was amended to address the apparent failure of some courts to prevent unreliable expert evidence from reaching a jury, but a statistical analysis of Daubert decisions in 2022 and 2024 shows that courts remain divided about how to apply consistent evidence standards, say attorneys at Perkins Coie.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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Beware Risks Of Arguing Multiple Constructions In IP Cases
Defendants accused of patent infringement often argue for different, potentially contradictory, claim constructions before district courts and the Patent Trial and Appeal Board, but the board may be clamping down on this strategy, say attorneys at Dechert.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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How To Create A Unique Jury Profile For Every Case
Instead of striking potential jurors based on broad stereotypes or gut feelings, trial attorneys should create case-specific risk profiles that address the political climate, the specific facts of the case and the venue in order to more precisely identify higher-risk jurors, says Ken Broda-Bahm at Persuasion Strategies.
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IRS Scrutiny May Underlie Move Away From NIL Collectives
The University of Colorado's January announcement that it was severing its partnership with a name, image and likeness collective is part of universities' recent push to move NIL activities in-house, seemingly motivated by tax implications and increased scrutiny by the Internal Revenue Service, say attorneys at Buchanan Ingersoll.