Judge Albright's Do's And Don'ts For Patent Trials

By Dani Kass

Two months after former ​U.S. District Judge Alan Albright returned to private practice, he regaled a room of attorneys at the University of Texas School of Law on Thursday with lessons from his time on the bench.

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What To Know About Litigating IP Before Judges Davis, Wolfe

By Dani Kass

U.S. District Judges Andrew Davis and Christopher Wolfe are still navigating their first forays into patent law now that they've joined the Western District of Texas, but they provided insight to patent attorneys Thursday on how they'll be handling their dockets.

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Analysis

New Tech, Diluted Noncompetes Drive Up Trade Secret Cases

By Elliot Weld

Artificial intelligence tools are making it easier for employees to take off with valuable trade secrets when they switch employers, while noncompete agreements are becoming more difficult to enforce, a combination that is spurring an increase in trade secret cases, experts told Law360.

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In Moderna Row, Fed. Circ. Mulls What's 'For The Government'

By Theresa Schliep

The Federal Circuit on Thursday took a critical look at a lower court's decision concluding that Moderna had to face Arbutus' infringement claims over its COVID-19 vaccines, with one judge repeatedly asking why Moderna's vaccine efforts weren't "for the government" within the meaning of a statutory shield for contractors.

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Examiner Attrition Threatens USPTO Backlog Push, GAO Says

By Adam Lidgett

Patent examiner attrition caused by new production goals has put the U.S. Patent and Trademark Office's efforts at reducing the backlog of patent applications at risk, according to a new report issued Thursday by the Government Accountability Office.

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Fed. Circ. Backs Google PTAB Losses In VR Fight

By Adam Lidgett

The Federal Circuit on Thursday upheld Patent Trial and Appeal Board rulings that Google LLC failed to show that some claims in a trio of virtual reality patents it was accused of infringing in California were invalid.

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Kartri Infringed Curtain Patents But Not Willfully, Judge Rules

By Elliot Weld

A New York federal judge on Thursday let stand a ruling that a shower curtain distributor infringed patents for hookless curtains, but determined that the infringement was not willful and cleared the curtains' manufacturer of infringement, more than a year after the Federal Circuit overturned a $4 million judgment against them.

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WB Must Face Claims 'The Pitt' Violates 'ER' Rights Deal

By Lauren Berg

Warner Bros. Television cannot dodge a lawsuit alleging it breached a decades-old agreement with late author Michael Crichton by producing the hit medical drama "The Pitt," a California appeals court ruled, saying the suit adequately alleges the series could be considered a derivative work of the earlier hit series "ER."

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ITC Issues Fish Tape Import Ban Against Milwaukee Electric

By Elliot Weld

The U.S. International Trade Commission has issued an import ban on glow fish tape sold by Milwaukee Electric Tool, following an administrative law judge's decision earlier this year that cleared the company of claims alleging it infringed Klein Tools' patents but found Milwaukee's safety helmet system was violating another Klein patent.

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Victoria's Secret Gets Green Light For 'PINK' US TM Case

By Jamie Lennox

A London court said Thursday that Victoria's Secret can pursue claims in the U.S. that shirtmaker Thomas Pink has infringed its "PINK" trademarks, ruling that a 2015 settlement agreement does not preclude the claim.

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Ex-Sales Leader Violated 'Secrecy' Pact, J&J Ortho Unit Says

By George Woolston

Johnson & Johnson's orthopedic device unit DePuy Synthes alleged in New Jersey federal court that a former national sales leader's move to a rival violates several of his employment agreements, asking the court to order expedited discovery and block him from contacting any of its customers.

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Research Firm Sues To Enforce Ex-Analyst's Noncompete

By Julie Manganis

Advisory firm Forrester Research says a former principal analyst violated a decade's worth of noncompete and other provisions in employment and stock award agreements to jump to a vice president role at a direct competitor, then tried to hide his new position for months.

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Netflix Faces Revamped 'Baby Reindeer' Defamation Suit

By Elliot Weld

A Scottish attorney who claims her life was ruined by her allegedly inspiring a character in the Netflix series "Baby Reindeer" has added to her allegations that she was defamed by the series, saying Netflix knew the story was fictional but presented it as true and the court should revive some of her dismissed claims.

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How Analytical Advances Reshape Biologic Patent Strategy

As regulators shift away from relying on comparative clinical efficacy studies in biosimilar development, and more toward analytical data, practitioners should pay closer attention to post-translational modifications when evaluating patentability, says Gina Nellesen at Global Patent Group.

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Series

Open-Water Swimming Makes Me A Better Lawyer

Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

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Are You Happy With Your In-House Role? Take Our Survey

Is your company giving you everything you need to succeed? What are some misconceptions about working in-house? Help Law360 Pulse answer these questions and more in this year's In-House Satisfaction Survey.

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Alston & Bird Hires 2 Ex-Goodwin Procter Real Estate Pros

By Kevin Penton

Alston & Bird LLP has added two real estate attorneys previously with Goodwin Procter LLP as partners in Los Angeles, the firm announced Friday.

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US Charges 3 Over $129M AI Scam Using Fake UK Lawyers

By Laura Stewart Liberty

U.S. prosecutors said Thursday they have charged three men, including one facing extradition from London, for allegedly defrauding companies of $129 million through a scheme that used AI to impersonate executives and U.K. lawyers.

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Defeated Texas Justice Being Considered For Federal Bench

By Courtney Bublé

With the clock ticking on Republicans' control of the Senate, President Donald Trump is considering putting a Texas Supreme Court justice who just lost reelection on the federal bench.

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Ice Miller Sued Over $729K Award After Losing Federal Forum

By Andrea Keckley

A couple who hired Ice Miller LLP to defend their organization against a breach of contract suit have accused the firm in Indiana federal court of exposing them to additional litigation with a settlement that failed to preserve federal jurisdiction over future disputes.

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Japan's Anderson Mori Plans 2-Office Spring Launch In Texas

By Lynn LaRowe

Japan's Anderson Mori & Tomotsune is planning to enter the U.S. market next year with offices in Dallas and Houston, citing the Lone Star State's status as a business hub and client demand from global and Japanese businesses as factors driving the expansion.

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WilmerHale Rehires Treasury Official, Former Counsel In DC

By Jack Rodgers

A former Treasury Department official who worked as the agency's undersecretary for domestic finance has rejoined WilmerHale's financial institutions group as a partner, the firm announced Friday.

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Brief

Goldberg Segalla Adds Retail And Hospitality Partner In NJ

By Matt Perez

Goldberg Segalla LLP announced it has hired a former Reilly McDevitt & Henrich PC attorney to be a partner in its retail and hospitality practice group.

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Law360's Legal Lions Of The Week

By Kevin Penton

Susman Godfrey LLP, Langer Grogan & Diver PC, Hausfeld LLP and MoloLamken LLP lead this week's edition of Law360 Legal Lions, after the Ninth Circuit ruled that a former federal judge erred by scrapping a $4.7 billion jury verdict against the National Football League in a class action over the price of its Sunday Ticket broadcast package.

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Law Firm Sues Sierra Leone Over $361K Legal Bill

By Jared Foretek

Law firm Cohen Seglias Pallas Greenhall & Furman PC claims in a complaint filed in D.C. federal court that Sierra Leone's government stiffed it on more than $300,000 in legal fees and costs after the firm defended it against earlier claims of unpaid fees by Jenner & Block.

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Roundup

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The U.S. Department of Justice's new cash rewards program for tips on criminal fraud could backfire in some cases, experts say. Elsewhere, attorneys are weighing new strategies in the wake of Texas' historic blue shift during the midterm elections. These are some of the stories in corporate legal news you may have missed in the past week.

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Brief

US Legal Sector Jobs Reached Record High In October

By Tracey Read

The legal industry's hot streak continued last month, adding 2,400 more jobs in October to reach a record high, according to seasonally adjusted data released Friday by the U.S. Bureau of Labor Statistics.

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Mich. Supreme Court Chief Next To Lead Chief Justice Group

By Melanie Dorsey

The Michigan Supreme Court's chief justice has been named president-elect of the Conference of Chief Justices, a national organization representing the highest-ranking state judicial officers, and she plans to focus on expanding access to legal services, reforming attorney licensing and strengthening courthouse security.

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3rd Circ. Preview: UPenn Staff Rifts, FTC $3M Fee Fight

By George Woolston

The Third Circuit began its November session by examining Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence and is set to hear a number of other matters ranging from a state's bid to restore millions of dollars in food aid, to the federal government fighting a $3 million counsel fee award, to reviewing the third-party harassment test.

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Blank Rome Partner, Hotel Founder Disputes $15.6M Tax Bill

By Zak Kostro

A Blank Rome LLP partner who founded a luxury boutique hotel in Italy told the U.S. Tax Court the IRS improperly determined he owes roughly $15.6 million in taxes and penalties, disputing the agency's assertion that his hotel operations didn't qualify as a business for purposes of claiming expenses.

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Squire Patton, Baker McKenzie Hit With Data Breach Suits

By Rae Ann Varona

Squire Patton Boggs LLP and Baker McKenzie failed to protect private personal information stored in the law firms' systems from separate cyberattacks and delayed notifying affected individuals for roughly two months, two proposed class actions filed in Ohio and Illinois federal courts have alleged.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Judge Kewalramani Warns Against Taking Sanctions Lightly

By Dani Kass

Retired U.S. Magistrate Judge Shashi Kewalramani on Friday cautioned patent attorneys to be extremely discerning when filing sanctions motions, comparing it to crying "fire" in a crowded room.

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