Intellectual Property

  • January 10, 2025

    Fed. Circ. Skeptical Ioengine Can Overcome On-Sale Bar

    A Federal Circuit panel seemed doubtful Friday that none of the hundreds of people who downloaded a firmware upgrade affiliated with an early flash drive used it, which Ioengine LLC would need to prove to beat an on-sale bar invalidation of its patents.

  • January 10, 2025

    What's Next After Fed. Circ. Limits Orange Book Listings?

    Under the Federal Circuit's recent ruling that patents must claim a drug's active ingredient to be included in the U.S. Food and Drug Administration's Orange Book, many patents may be listed improperly, but their fate and the ruling's impact on generic competition are far from settled, attorneys say.

  • January 10, 2025

    Instagrammer Wants IP Suit Kept in Nevada Federal Court

    Instagram star Dan Bilzerian told a federal judge in Nevada this week that the Silver State is the appropriate venue for his lawsuit against a former chief financial officer of the vape and lifestyle brand he helped start, even though the company is based in Canada.

  • January 10, 2025

    Funkadelic Keyboardist Fights Sanctions Bid In Royalty Dispute

    The widow of Parliament-Funkadelic's founding keyboardist told a Michigan federal judge Friday that she should not be sanctioned in a royalty dispute with bandleader George Clinton, saying she didn't try to hide what she said is an irrelevant settlement agreement with a record company.

  • January 10, 2025

    Microscope Co. Didn't Infringe UMich Patent, Judge Finds

    A California federal judge has held that German microscope company Leica Microsystems Inc. didn't infringe a patent issued to the University of Michigan that covers a new way of measuring fluorescence.

  • January 10, 2025

    No Ulterior Motive In Anschutz's Secrets Suit, Judge Says

    A Colorado state judge rejected a Denver oil prospector's claim that Anschutz Exploration Corp. abused the judicial process by suing him for sharing allegedly confidential well production information, finding there was no evidence Anschutz filed the trade secrets claims with an ulterior motive.

  • January 10, 2025

    Off The Bench: Venu Deal Off, Fox Suit, Gender Rules Wobble

    In this week's Off The Bench, a last-minute merger ends litigation over the new sports streaming service Venu, only for its backers to mothball the project entirely, Fox Sports is rocked by lurid sexual harassment claims, and a federal judge knocks down an attempt to expand transgender discrimination protections.

  • January 10, 2025

    NC Machinery Co. Says Rival Lied To Hide Trade Secrets Theft

    A North Carolina machining tools manufacturer is suing the American arm of its Germany-based rival in state Business Court, claiming the competitor has been hiring away its talent to acquire its trade secrets and then misrepresenting its job descriptions to hide the alleged scheme.

  • January 10, 2025

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

    This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.

  • January 09, 2025

    Catalyst Settles Patent Fight Against Teva Over Firdapse

    Florida-based Catalyst Pharmaceuticals Inc. has reached a settlement with Teva in a patent infringement battle in New Jersey federal court over its U.S. flagship commercial drug that treats a rare autoimmune disease that will provide Teva with a license to market a generic version of the drug in 2035, the company announced Thursday.

  • January 09, 2025

    IP Forecast: OpenAI, Microsoft Look To Toss NYT Case

    OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.

  • January 09, 2025

    Maryland Judge Trims Oil Refining IP Suit Ahead Of Trial

    A Maryland federal judge has determined chemical company W.R. Grace made false statements when publicly comparing its product to competitor G.W. Aru, but left most questions of injury, invalidity and additional infringement for a May trial.

  • January 09, 2025

    Amazon Loses Bad Faith Claims Against Nokia At ITC

    A U.S. International Trade Commission judge has shot down Amazon's arguments that Nokia failed to offer reasonable or nondiscriminatory patent license terms, ruling instead that Amazon was infringing a series of Nokia patents related to video technology.

  • January 09, 2025

    Vape Laptop Hacking Suit Belongs In Court, Co. Says

    A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.

  • January 09, 2025

    Amgen Says Enbrel Protected By Legit Patents, Rulings

    Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.

  • January 09, 2025

    Inventor Group Warns Of Issa's Return As House IP Panel Chair

    Policy outfit US Inventor Inc. has spoken out against the return of Rep. Darrell Issa, R-Calif., to head the U.S. House subcommittee overseeing intellectual property in the new Congress, warning on Thursday Issa's leadership role will have distressing affects on American startups and innovators while benefiting foreign competitors in other countries like China.

  • January 09, 2025

    Judge Rips Meta's 'Grossly Overbroad' AI Sealing Requests

    A California federal judge appeared open Thursday to allowing authors to amend their copyright infringement proposed class action to include allegations Meta nefariously removed copyright disclaimers from tens of millions of books in creating its Llama artificial intelligence product, while criticizing Meta's "grossly overbroad" sealing requests as illegitimate attempts at avoiding bad publicity.

  • January 09, 2025

    Cancer Org Fails To Get Rival's TM Counterclaims Tossed

    A Georgia federal judge said Thursday that the Glioblastoma Foundation Inc. can't yet escape a series of counterclaims filed against it by a rival nonprofit amid a trademark spat, ruling that its defenses in a dismissal bid largely relied on factual issues about whether the rival fraudulently obtained the marks at issue.

  • January 09, 2025

    Whiskey Maker Says 'Landry' Name Use 'Isn't Just About Me'

    The owner of a whiskey company accused of ripping off the name used by a host of hospitality brands owned by Houston billionaire Tilman Fertitta testified that he started his company with the honest belief that the name "Landry" was available for use for liquor sales.

  • January 09, 2025

    NCAA Insists Player Seeking One More Season Is Out Of Time

    A former junior-college basketball player seeking to play one more season is not entitled to do so because he has played the maximum number of seasons allowed, the NCAA told a Mississippi federal court in defense of the eligibility policy the player seeks to upend.

  • January 09, 2025

    SPEX's Data Security Patent Award Boosted To $553M

    A California federal judge has tacked on about $237 million in interest to the $316 million damages verdict SPEX Technologies won after a jury found Western Digital infringed a patent related to hardware encryption technology.

  • January 09, 2025

    Meta Gets Partial PTAB Win On 2 Electronic Device Patents

    The Patent Trial and Appeal Board has found that Meta Platforms Inc. was able to show that some claims in a pair of Eight kHz LLC patents were not valid, but upheld many other claims as part of a larger intellectual property fight between the parties.

  • January 09, 2025

    Patterson Belknap Brings On IP Litigator From Davis Polk

    Patterson Belknap Webb & Tyler LLP's New York office has welcomed a patent litigator, who brings nearly a decade of experience, including most recently as counsel at Davis Polk, as its newest partner.

  • January 09, 2025

    Trump Campaign Urges Ga. Court To End Isaac Hayes IP Fight

    President-elect Donald Trump and his campaign have asked a Georgia federal court to toss copyright claims brought by the estate and heirs of soul music singer Isaac Hayes over the alleged unauthorized use of the 1966 song "Hold On, I'm Comin'" at campaign events.

  • January 09, 2025

    Beer Sales Rep Can't Show Lasting Harm From Noncompete

    A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.

Expert Analysis

  • Opinion

    Failure To Use Apportionment Has Distorted Patent Damages

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    Apportionment is the solution to the problem of inflated patent infringement damages, and courts should return to focusing on the smallest saleable unit as the starting point for apportionment analysis, say William Lee at WilmerHale and Mark Lemley at Stanford Law School.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Takeaways From Novo Nordisk's Fight For Market Exclusivity

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    Generic competitors’ challenge to Novo Nordisk’s patents in hopes of capturing a portion of the rapidly expanding Type 2 diabetes and obesity treatment market highlights the role of abbreviated new drug application litigation, inter partes review and multidistrict litigation in patent defense, says Pedram Sameni at Patexia.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

  • Defending AI, Machine Learning Patents In Life Sciences

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    Ten years after the U.S. Supreme Court's decision in Alice v. CLS Bank, artificial intelligence and machine learning technology remain at risk for Alice challenges, but reviewing recent cases can help life sciences companies avoid common pitfalls and successfully defend their patents, say attorneys at Mintz.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • From Concept To Capital: 5 Stages Of Evolving IP Needs

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    Companies must understand the shifting intellectual property needs throughout an organization’s life cycle in order to protect innovation, which can be done by fortifying the IP portfolio, expanding and leveraging IP assets, and more, says Keegan Caldwell at Caldwell Law.

  • Allergan Ruling Reinforces Value Of Patent Term Adjustments

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    The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Look At How De Minimis Import Rules May Soon Change

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    The planned implementation of executive actions focused on the de minimis rule as it applies to shipments means companies should use this interval to evaluate the potential applicability and impact of Section 301, Section 201 or Section 232 duties on their products, say attorneys at Holland & Knight.

  • How To Craft Strong Prong 2 Arguments For AI Patent Apps

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    The U.S. Patent and Trademark Office’s recent guidance update on subject matter eligibility for artificial intelligence inventions highlights that the key to overcoming rejection lies in the analysis under Prong 2, which practitioners should consider leading their arguments with, says Sean Lee at Baker Botts.

  • IP Concerns For Manufacturing Semiconductors In Low Orbit

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    With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

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