Intellectual Property

  • May 24, 2024

    Esperion Launches Suits Over Cholesterol Drug Patents

    Esperion Therapeutics has sued Dr. Reddy's, Sandoz, Hetero and MSN in New Jersey, alleging that their planned generic versions of cholesterol drugs infringe a variety of patents on its treatments.

  • May 24, 2024

    Treaty Wants Patents To Cite Ties To 'Traditional Knowledge'

    Members of the United Nations announced a treaty Friday that would potentially change mandatory patent disclosure rules in order to require applicants to cite "traditional knowledge" developed by "indigenous peoples," requirements that have drawn concerns from lawyers for the pharmaceutical industry in the U.S. and at least one former federal judge.

  • May 24, 2024

    Logan Paul's Energy Drink Co. Sues Boxer For Defamation

    Prime Hydration, led by YouTube celebrity Logan Paul, has accused boxer Ryan Garcia of defamation in Texas federal court over his ongoing campaign to paint the drink in a negative light, including saying it contains harmful chemicals like cyanide that will "hurt you big time."

  • May 24, 2024

    Bungie Cheat Code Sellers Hit With $63K Copyright Verdict

    A federal jury said Friday that people behind a video game cheat code owe Bungie about $63,000 for replicating a sci-fi shooter's code to make the cheat software and peddle it on the internet, capping off a nearly weeklong copyright trial in Seattle.

  • May 24, 2024

    Food Supplier Says Exec Raided Files, Jumped to Competitor

    A senior sales executive at a Massachusetts food distributor spent his final days with the company slipping in after hours and on weekends to print out and photocopy customer records and other trade secrets, before jumping to a direct competitor, according to a lawsuit filed in state court.

  • May 24, 2024

    Biden's Judicial Impact And What's Left On The Wish List

    President Joe Biden secured confirmation of his 200th federal judge Wednesday and has transformed the judiciary by picking more women and people of color than any other president. But the upcoming election season could derail his hopes of confirming many more judges.

  • May 24, 2024

    Cell Tower Operator's Trade Secret Suit Tossed For Now

    A Pennsylvania federal judge has thrown out a cell tower operator's allegations that a rival used its confidential information on pricing from landlords and made misleading statements to buy out tower leases.

  • May 24, 2024

    Off The Bench: NCAA Settles House NIL Class Action

    In this week’s Off the Bench, the NCAA settles its court dispute with hundreds of thousands of athletes over name, image and likeness compensation, NFL rookie Marvin Harrison Jr. is taken to court over an endorsement contract, and former Super Bowl champion Antonio Brown’s post-career life is burdened further by bankruptcy. If you were sidelined this week, Law360 is here to catch you up on the sports and betting stories that had our readers talking.

  • May 24, 2024

    Fox Rothschild Gains Surgeon-Turned-Atty From IP Boutique

    Fox Rothschild LLP is bringing on a surgeon-turned-attorney with experience doing patent advising in biotech, chemicals and pharmaceuticals to its intellectual property team in Princeton, New Jersey, according to an announcement this week.

  • May 24, 2024

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

    This past week in London has seen an IT engineer seek permission to search a landfill hiding a hard drive supposedly storing millions of pounds in bitcoin, Glencore take on legal action by American Century Investments, gold payment app Glint bring a breach of duty claim against FRP Advisory, and an ongoing dispute between a solicitor and the Solicitors Regulation Authority. Here, Law360 looks at these and other new claims in the U.K.

  • May 24, 2024

    DraftKings' Noncompete Win Shuns Calif. Law, 1st Circ. Told

    A former DraftKings Inc. executive who was blocked from taking a job in Los Angeles at rival sportsbook Fanatics told the First Circuit that a Massachusetts federal judge should have applied a worker-friendly California law to the trade secrets spat.

  • May 23, 2024

    Bungie Cheat Code Sellers Dinged At Trial For Deleting Docs

    A Seattle federal judge overseeing a trial of Bungie's copyright claims against a group of cheat code sellers instructed jurors Thursday that the defendants intentionally destroyed evidence by deleting records they had a duty to preserve once they were aware of the game studio's claims.

  • May 23, 2024

    Sonos Gets Fed. Circ. To Affirm Axed Google Patent Claims

    Google failed on Thursday to persuade Federal Circuit judges to breathe new life into patent claims the tech giant has asserted in its legal fight with the Sonos speaker brand.

  • May 23, 2024

    Micron Owes $445M In Netlist Chip Patent Case, Jury Says

    Micron Technology Inc. willfully infringed a pair of Netlist computer memory patents, a Texas federal jury determined Thursday, saying the chipmaker owes $425 million in damages for one patent and $20 million for the other.

  • May 23, 2024

    Israeli Attys Complain To USPTO After Pro-Gaza Reddit Post

    Various groups of Israeli lawyers have told the U.S. Patent and Trademark Office that they are concerned about the "potential influence that individual political views may have on the examination of patent applications of Israel applicants."

  • May 23, 2024

    Judge Won't Strike $12.5M Suit Over LifeWallet Software

    A Florida judge refused Thursday to strike a lawsuit accusing John Ruiz and his company, MSP Recovery, of failing to pay $12.5 million promised for LifeWallet software, finding that Ruiz had not met his burden of showing the lawsuit was a sham.

  • May 23, 2024

    Dyson Says It Deserves Counterfeiters' Profits

    Dyson told the Seventh Circuit on Thursday that a district court's refusal to award it profits from several e-commerce shops that defaulted in a trademark counterfeiting lawsuit should be reversed because it essentially "punished" the company by requiring it to provide proof that defendants should have offered.

  • May 23, 2024

    USPTO Issues Guidance On New Fed. Circ. Design Patent Test

    The U.S. Patent and Trademark Office has issued guidance laying out how to apply the Federal Circuit's Tuesday en banc decision, making the standard for obviousness in design patents more flexible.

  • May 23, 2024

    House Money: The Path To A Landmark NCAA NIL Settlement

    The NCAA is expected to pay more than $2.7 billion to settle a yearslong antitrust class action lawsuit featuring hundreds of thousands of former college athletes who alleged the organization owed them for years of unpaid name, image and likeness compensation. Here, Law360 walks you down the winding path that led to the massive reported settlement.

  • May 23, 2024

    Old Case Can't Nix $181M AT&T, Nokia Verdict, Fed. Circ. Told

    Finesse Wireless LLC pushed back at the Federal Circuit against AT&T and Nokia's appeal of a more than $181 million verdict in Texas federal court for infringing Finesse's patents on reducing radio frequency interference, saying the companies' reliance on a 140-year-old Supreme Court case was misplaced.

  • May 23, 2024

    NCAA, Athletes Settle NIL Class Action Over Billions In Pay

    The NCAA said Thursday it has reached a settlement with the former college athletes who had filed an antitrust class action demanding billions in potential compensation allegedly denied to them for decades before the U.S. Supreme Court overturned the NCAA's compensation ban.

  • May 23, 2024

    VW And Porsche Largely Invalidate Headlight Patent At PTAB

    The Patent Trial and Appeal Board has invalidated the vast majority of an Israeli inventor's patent covering adaptive headlights challenged by Volkswagen and Porsche, finding all but three challenged claims were obvious.

  • May 23, 2024

    Proposal To Expand PTAB Practitioners Divides Atty Groups

    Patent lawyers and others have chimed in on proposed plans from the U.S. Patent and Trademark Office that would potentially "designate nonregistered practitioners" to litigate at the Patent Trial and Appeal Board, with some urging the agency to let nonpatent lawyers argue there, while others warn it could "dilute the importance of the registration process."

  • May 23, 2024

    Fed. Circ. Upends Inventors' Interference Win Over Time-Bar

    The Patent Trial and Appeal Board wrongly chose inventors tied to Cook Medical, rather than ones tied to Medtronic, when determining who should prevail in an interference proceeding over catheters, the Federal Circuit held Thursday.

  • May 23, 2024

    Fed. Circ. Says Winery Minority Owner Can't Try To Cancel TM

    The Federal Circuit has affirmed a Trademark Trial and Appeal Board decision that a family trust that is a minority owner of Paul Hobbs Winery, which owns the trademark registration on the name of winemaker Paul Hobbs, does not have the right to seek cancellation of registrations on certain trademarks.

Expert Analysis

  • Supply Chain Considerations For Companies Deploying AI

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    Many businesses will risk failure by embracing artificial intelligence without fully understanding the risks, and the value of a five-step AI supply chain analysis cannot be overstated, say Brooke Berg and Nathan Staffel at Nardello & Co.

  • How Real Estate Cos. Can Protect Their IP In The Metaverse

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    The rise of virtual and augmented reality creates new intellectual property challenges and opportunities for real estate owners, but certain steps, including conducting a diligence investigation to develop an understanding of current obligations, can help companies mitigate IP issues in the metaverse, says George Pavlik at Levenfeld Pearlstein.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Patent Lessons From 4 Federal Circuit Reversals In April

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    Four Federal Circuit decisions in April that reversed or vacated underlying rulings provide a number of takeaways, including that obviousness analysis requires a flexible approach, that an invalidity issue of an expired patent can be moot, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • How To Use Exhibits Strategically Throughout Your Case

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    Exhibits, and documents in particular, are the lifeblood of legal advocacy, so attorneys must understand how to wield them effectively throughout different stages of a case to help build strategy, elevate witness preparation and effectively persuade the fact-finders, say Allison Rocker at Baker McKenzie and Colorado prosecutor Adam Kendall.

  • Tips For Companies Tapping Into Commercial Cleantech

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    A recent report from the European Patent Office and European Investment Bank examining the global financing and commercialization of cleantech innovation necessary for the green energy transition can help companies understand and solve the issues in developing and implementing the full potential of cleantech, says Eleanor Maciver at Mewburn Ellis.

  • Opinion

    USPTO's Proposed Disclaimer Rule Would Harm Inventors

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    The U.S. Patent and Trademark Office’s recently proposed rule on terminal disclaimers will make the patent system less available to inventors and will unfairly favor defendants in litigation, say Stephen Schreiner at Carmichael IP and Sarah Tsou at Omni Bridgeway.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • 15 Quick Tips For Uncovering And Mitigating Juror Biases

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    As highlighted by the recent jury selection process in the criminal hush money trial against former President Donald Trump, juror bias presents formidable challenges for defendants, and attorneys must employ proactive strategies — both new and old — to blunt its impact, say Monica Delgado and Jonathan Harris at Harris St. Laurent.

  • Tips For Keeping Trade Secrets In The Vault

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    Key practices aimed at maintaining confidentiality can help companies establish trade secret status as the Federal Trade Commission's ban on noncompetes makes it prudent to explore other security measures, says John Baranello at Moses & Singer.

  • Reducing Patent Litigation Costs Starts With Early Strategy

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    With the average cost ranging from $1 million to $4 million, defending a patent case can create a serious strain on resources, particularly for midsize or smaller companies, so certain cost-cutting steps should be considered at the outset — even if some seem counterintuitive, say Jeffrey Ahdoot and Wendy Verlander at Verlander.

  • Legal Issues To Watch As Deepfake Voices Proliferate

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    With increasingly sophisticated and accessible voice-cloning technology raising social, ethical and legal questions, particularly in the entertainment industry and politics, further legislative intervention and court proceedings seem very likely, say Shruti Chopra and Paul Joseph at Linklaters.

  • Opinion

    'Natural Person' Or Not, AI-Made IP Deserves Protection

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    The entire legal edifice rests on a determination that an artificial system is not a so-called natural person, and although this may appear to be straightforward on its face, rapid advances in technology may soon force us to revisit our understanding of a natural person, says Manav Das at McDonnell Boehnen.

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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