Intellectual Property

  • January 18, 2021

    Astellas Fights Teva's Bid To Revoke Its Incontinence Drug IP

    Astellas has struck back against litigation filed by a rival pharmaceutical company that is seeking to invalidate its patent for treating urinary problems, arguing that the court should reject the attempt to "clear the way" for a competing generic product.

  • January 15, 2021

    This Firm Secured The Most Utility Patents Again In 2020

    One law firm has scored over 350 more utility patents in 2020 than the next closest firm, marking the sixth consecutive year it has landed the No. 1 spot in the latest ranking of law firms.

  • January 15, 2021

    BlackBerry, Facebook Drop Patent Fight Over Messaging Tech

    BlackBerry and Facebook have agreed to end a patent dispute accusing each other of infringing numerous patents relating to messaging technology.

  • January 15, 2021

    Apple-VirnetX Judge Explains Why He Won't Grant New Trial

    A Texas federal judge made public on Friday his reasons for not granting Apple Inc. a redo over its $503 million patent trial loss to VirnetX Inc., saying among other things that VirnetX's closing arguments didn't unduly push the jury to "punish" its tech giant rival.

  • January 15, 2021

    Fed. Circ. Sticks With Ruling In Bard's $68M Patent Fight

    The full Federal Circuit refused on Friday to take another look at a panel ruling that revived C.R. Bard's $67.5 million infringement claims and undid a Delaware federal judge's finding that the medical device maker's patents were invalid.

  • January 15, 2021

    Simpson, Davis Polk Steer Dating App Bumble's IPO Filing

    Bumble, the women-talk-first dating app, hopes to hit it off with investors amid a robust initial public offerings market, filing plans to go public on Friday under guidance from Simpson Thacher and underwriters' counsel Davis Polk.

  • January 15, 2021

    Thermo Fisher Shells Out $876M For Viral Vector Maker

    Lab equipment supplier Thermo Fisher said Friday that it coughed up €725 million ($876 million) in cash to purchase Henogen — a company that makes viral vectors to deliver genetic material into cells — from life science technology and services provider Novasep.

  • January 15, 2021

    Sanofi Prevails Over Mylan At Fed. Circ. On Jevtana Patent

    The Federal Circuit signed off Friday on a Patent Trial and Appeal Board decision allowing Sanofi to amend a patent on its prostate cancer drug Jevtana, closing the door on a nearly five-year challenge by Mylan.

  • January 15, 2021

    PTAB Axes Patent Involved In $4.3M Verdict Against Samsung

    The Patent Trial and Appeal Board has invalidated five claims of a Florida company's image editing patent at the heart of a $4.3 million jury verdict against Samsung, reversing an earlier decision that upheld the claims.

  • January 15, 2021

    Outgoing DOJ Antitrust Chief's Greatest Hits

    The Justice Department's top antitrust enforcer, Makan Delrahim, has been sticking song references in the titles of his policy speeches throughout his tenure, most recently announcing a decision about music licensing groups in remarks titled "And the Beat Goes On." Here, Law360 takes a look at the songs Delrahim has cited ahead of his expected departure from the agency Tuesday.

  • January 15, 2021

    Texas Justices To Hear Photographer's Suit Against University

    The Texas Supreme Court on Friday agreed to hear a photographer's case alleging that the University of Houston unconstitutionally took his copyrighted image without permission, which a lower appellate court tossed.

  • January 15, 2021

    Porn Co. Malibu Hit With Atty Fees After Failed Copyright Suit

    A federal judge is ordering porn studio Malibu Media to repay the legal bills of one of the thousands of internet users it has sued for copyright infringement, at one point wondering if the company leverages "ridicule and embarrassment" to win settlements.

  • January 15, 2021

    Pandemic Again Delays Fired King & Spalding Atty's Trial

    King & Spalding LLP and a lawyer who said he was unlawfully fired for raising ethics concerns will have to wait until at least June to square off at trial, after concerns about the COVID-19 pandemic led a New York federal judge to scuttle plans to push forward in April.

  • January 15, 2021

    Pa. Judge Finds Catheter Makers Owe $1.25M To Inventor

    A Pennsylvania federal judge has ruled that the inventor of a device meant to insert a catheter into a patient's vein is owed nearly $1.25 million after finding that a pair of medical device companies infringed his design patent.

  • January 15, 2021

    11th Circ. Doubts Ousted Exec Controls Venezuelan Network

    An Eleventh Circuit panel appeared to lean Friday toward a Venezuelan court-appointed oversight board in a dispute over who controls the country's LaTele network in its long-running copyright fight with U.S.-based Spanish-language network Telemundo, but questioned arguments that it should not even hear the former company president's appeal.

  • January 15, 2021

    Pa. Medical Pot Biz Says Ex-Employee Hacked Network

    A Pennsylvania medical marijuana company has accused a fired employee and several unnamed defendants of hacking its networks for ransom, stealing trade secrets and making defamatory statements online as part of a civil racketeering conspiracy.

  • January 15, 2021

    Southwest Hits Travel Site With TM Suit Over 'Scraped' Fares

    Southwest Airlines, which doesn't allow online booking services to sell its tickets, is using trademark law to sue a website that allegedly "scraped" Southwest's reservation system to offer flights without authorization.

  • January 15, 2021

    Brand Battles: Circle K Says Pot Co.'s 'K' TM Is Not OK

    In Law360's latest roundup of new actions at the Trademark Trial and Appeal Board, convenience store giant Circle K is fighting to block a cannabis company's application to register "K" for hemp-focused marketing services — plus three other cases you need to know.

  • January 15, 2021

    Bolton Can Seek Discovery In Clash Over Tell-All Memoir

    A D.C. federal judge handed John Bolton a victory in a bitter clash over his tell-all White House memoir, ruling that the former national security adviser-turned-critic is entitled to probe whether President Donald Trump or senior government officials acted in bad faith to delay or block publication.

  • January 15, 2021

    DOJ Won't Scrap Long-Standing Music Licensing Orders

    The U.S. Department of Justice will leave in place a pair of court orders that have governed music licensing groups BMI and ASCAP for nearly 80 years, saying Friday that there isn't enough consensus to change or kill them right now.

  • January 15, 2021

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

    This past week in London has seen China's Huawei facing a patent fight, oil trading giant Mercuria sue a petroleum company and a spread-better file a claim against real estate tycoon Robert Tchenguiz. Here, Law360 looks at those and other new claims in the U.K.

  • January 15, 2021

    IP Hires: Cole Schotz, Bell Nunnally, Tarter Krinsky

    Cole Schotz and Bell Nunnally have each bulked up their intellectual property presence in Texas, while Tarter Krinsky and Brown Rudnick grew in New York. Here's what you need to know about these new hires.

  • January 15, 2021

    EU Regulators Reject Appeal On TV Script Complaint Ruling

    Europe's top regulators have dismissed an appeal for the third time in a case brought by an individual who has accused the bloc's banking watchdog of failing to stop intellectual property violations linked to a television script he wanted to sell to streaming giant Netflix.

  • January 14, 2021

    Intel Says Fortress Entities Breached Patent License Deal

    Intel Corp. told a Delaware state court Thursday that Fortress Investment Group and its subsidiaries had violated the terms of a patent licensing agreement, claiming that one of the subsidiaries was suing it over patents that are covered by a 2012 agreement with another subsidiary.

  • January 14, 2021

    GE Hits Siemens Energy With Trade Secrets, Bid-Rigging Suit

    General Electric Co. on Thursday accused Siemens Energy Inc. of using its trade secrets to fix highly sought-after gas turbine contracts, telling a Virginia federal court that Siemens partly exploited the confidential information to secure contracts to augment its September initial public offering.

Expert Analysis

  • Fed. Circ. Ruling Shows Novelty's Role In Patent Eligibility

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    The recent Federal Circuit decision Simio v. FlexSim is the latest in a trend concerning a class of inventions that are patent ineligible because they’re not novel despite purporting to improve computer technology, and is informative for winning or surviving early motions to dismiss, say Braden Katterheinrich and JD Schneider at Faegre Drinker.

  • 4 Legal Industry Trends Litigation Financiers Are Watching

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    Some recent litigation developments demonstrate efforts by law firms and their clients to search for opportunities in the COVID-19 economic fallout, while others — such as the rise of contingency fee arrangements — reflect acceleration of tendencies that were already underway, says William Weisman at Therium Capital.

  • A Lawyer's Guide To Setting Well-Being Goals In 2021

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    In the face of rising client demands due to the pandemic and the changing regulatory environment, and with remote work continuing for the foreseeable future, lawyers should invest in their well-being by establishing inspiring yet realistic goals for 2021 — one month at a time, says Krista Larson at Morgan Lewis.

  • Federal Practice Takeaways From Spike Lee, Prince IP Ruling

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    The Second Circuit's recent ruling in Brandon v. NPG Records, barring copyright infringement claims already litigated in a Florida federal court in favor of Spike Lee and Prince’s estate, offers lessons on supplementary copyright registration and significant federal procedural issues, say Matthew Nelles and Adriana Kostencki at Nelles Kostencki.

  • Keyword Searches To Improve Your Privilege Doc Review

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    "Confidential" and other search terms commonly used to locate privileged documents during e-discovery are pretty ineffective, so practitioners should consider including specific types of keywords that are demonstrably better at targeting privilege, say Robert Keeling at Sidley and Rishi Chhatwal at AT&T.

  • The Benefits Of More Alternative Dispute Resolution At GAO

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    While disruption amid the pandemic undoubtedly contributed to a 210% uptick in the use of alternative dispute resolution at the U.S. Government Accountability Office in fiscal year 2020, bid protest practitioners should hope the upward trend continues given the various efficiencies it brings to the procurement process, says Noah Bleicher at Jenner & Block.

  • ABA Approves Remote Practice, But Questions Remain

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    Lawyers working remotely during the pandemic while physically outside the jurisdictions in which they are licensed will find some comfort in a recent American Bar Association opinion sanctioning such practice, but there is ambiguity regarding the contours of what's allowed, say attorneys at Harris Wiltshire.

  • Keys To Creating Standout Law Firm Thought Leadership

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    Whether geared toward a global audience or a particular client, a law firm's articles, blog posts and client alerts should strive to be original by harnessing a few editorial tools and following the right distribution sequence, say Steven Andersen and Tal Donahue at Infinite Global.

  • Fed. Circ. Patent Decisions In 2020: An Empirical Review

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    Statistical analysis of last year's Federal Circuit patent cases reveals several differences from 2019, including a shift in the docket more toward appeals from district court cases, more affirmances, more nonprecedential opinions and fewer summary dispositions, says Dan Bagatell at Perkins Coie.

  • Perspectives

    Judges On Race: The Power Of Discretion In Criminal Justice

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    Judges should take into consideration the several points of law enforcement and prosecutorial discretion — from traffic stops to charging decisions and sentencing recommendations — that often lead to race-based disparate treatment before a criminal defendant even reaches the courthouse, say Judge Juan Villaseñor and Laurel Quinto at Colorado's Eighth Judicial District Court.

  • Trade Secrets Law 25 Years After PepsiCo Disclosure Case

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    Notwithstanding the expectations at the time, the Seventh Circuit's landmark 1995 decision in the PepsiCo v. Redmond trade secret case has not made the doctrine of inevitable disclosure an alternative to, or backstop for, traditional post-employment noncompetition agreements — though the doctrine continues to be applied, say Peter Steinmeyer and Brian Spang at Epstein Becker.

  • 5 Attorney Business Development Tips For The New Year

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    Lawyers should remember that the basics of interpersonal relationships have not changed despite the completely virtual environment caused by the pandemic, and should leverage the new year as an excuse to connect with clients in several ways, say Megan Senese and Courtney Hudson at Pillsbury.

  • After Lull In Biosimilar IP Litigation, 2021 Could Bring Influx

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    While 2020 was an off year for U.S. biosimilars, with only 29 new regulatory approvals and 29 patent litigation matters, it does not appear to be a reflection of things to come, given a flourishing market, bursting pipelines, and clinical trial activity, say Joshua Whitehill and Jay Deshmukh at Kasowitz.

  • Boeing Case Boosts Contractor Ability To Guard Trade Secrets

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    By permitting government contractors to place proprietary legends on their data, the Federal Circuit's recent decision in Boeing v. Secretary of the Air Force will help contractors assert rights such as trade secret protections in unlimited rights data, say Jay Carey and Evan Sherwood at Covington.

  • Minimizing Disruption To Clients During Law Firm IT Upgrades

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    For law firms planning overhauls in their information technology infrastructures in light of hard lessons learned from pandemic-era transition to remote work, there are five ways to ensure even the biggest tech upgrade has minimal impact on client service, says Brad Paubel at Lexicon.

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