Intellectual Property

  • February 22, 2024

    Coldwell Banker Wins Trade Secrets Fight On Directed Verdict

    A California state judge issued a directed verdict for Coldwell Banker's Orange County division in a case where a rival real estate company accused it of poaching employees and stealing trade secrets.

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    Gilead Reaches Deal In Suit Over Counterfeit HIV Drug

    Gilead Sciences Inc. has agreed to a deal to end a suit in New York federal court against Safe Chain Solutions LLC over allegedly counterfeit versions of Gilead HIV medications, with Safe Chain being barred from buying certain Gilead products.

  • February 22, 2024

    Fed. Circ. Backs Philips' PTAB Win Over Intel In Digital Video Row

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision not to invalidate a Koninklijke Philips digital video patent that was challenged by Intel.

  • February 22, 2024

    Paramount Faces Wolfman's 'Top Gun: Maverick' IP Dogfight

    The actor who played Henry "Wolfman" Ruth in the original "Top Gun" claims Paramount Pictures used his image in key scenes of the recent sequel "Top Gun: Maverick" without his permission and compensation, according to a lawsuit filed Wednesday in California federal court.

  • February 22, 2024

    Invisalign Maker Beats Refusal-To-Deal Claims In 3Shape Row

    The makers of Invisalign beat an antitrust class action from orthodontists and aligner buyers Wednesday after a California federal judge ruled that the company's decision to terminate its interoperability agreement with a dental scanner company was at least partly made for "legitimate business reasons."

  • February 22, 2024

    3rd Circ. Won't Protect AbbVie's Atty-Client Communications

    The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.

  • February 22, 2024

    Apple Gets PTAB Wins On 2 Masimo Blood Oxygen Patents

    The Patent Trial and Appeal Board has found that Apple has shown that most claims it challenged of two Masimo Corp. blood oxygen monitor patents are invalid, in the latest rulings in the wide-ranging patent dispute between the companies over the Apple Watch.

  • February 22, 2024

    $48M TM Award Over 'Dewberry' Name Appealed To Justices

    A provider of real estate development services has asked the U.S. Supreme Court to review a $48 million trademark infringement award upheld by the Fourth Circuit, arguing that it violates federal law by jointly putting its corporate affiliates on the hook for the amount.

  • February 22, 2024

    DraftKings Says Ex-Exec's $310K Attys Fees Bid Is Excessive

    DraftKings has told a California federal court that the "whopping" $310,000 in attorney fees requested by a former executive after the company shuffled the case back and forth between state and federal court is an unreasonable fee no "reasonable client" would pay.

  • February 22, 2024

    Longtime Nixon Peabody Fashion Partner Joins DLA Piper

    DLA Piper has hired a longtime Nixon Peabody LLP fashion law partner who focuses her practice on intellectual property issues related to apparel and other industries, joining the firm's trademark, copyright and media practice, DLA Piper announced Wednesday.

  • February 22, 2024

    Ex-BigLaw Atty Refiles Defamation Case Against Influencer

    The $150 million defamation battle between former Greenberg Traurig LLP attorney Allan Kassenoff and the social media influencer he accuses of lying about his nightmarish divorce has entered a new phase as Kassenoff has filed a slimmed-down complaint after the previous one was dismissed for being "far longer than it needs to be."

  • February 21, 2024

    Fed. Circ. Told Sonos Ruling Treads On Patent Owners' Rights

    A consortium of patent lawyers and small startups are sounding the alarm at the Federal Circuit over a ruling last year from U.S. District Judge William Alsup that threw out a patent lawsuit from speaker maker Sonos for being too "sad," "ancient" and "wrong" to hold up in his court.

  • February 21, 2024

    Mother Defeats Daughter's 'Que Sera, Sera' Royalties Suit

    A federal judge in Tennessee told the granddaughter of one of the Oscar-winning songwriters behind "Que Sera, Sera" on Wednesday that she should have simply said whatever will be, will be in a feud with her mother over splitting royalties that were already decided by a probate court over two decades ago.

  • February 21, 2024

    Intel Patent Trial Delayed To Allow Time For Counterclaim

    A California federal judge agreed on Tuesday to postpone the latest legal showdown between patent litigation business VLSI and chipmaker Intel after lawyers in the case acknowledged they couldn't reach agreement on the case schedule.

  • February 21, 2024

    Justices Offer Conflicting Clues In Copyright Damages Fight

    U.S. Supreme Court justices hearing a case over damages in copyright disputes gave conflicting hints Wednesday about where they stand on the discovery rule, a judicially created doctrine that allows claims to accrue when plaintiffs learn of alleged infringement.

  • February 21, 2024

    Judge Won't Strike 'Excessive' $2.3M Tobacco TM Verdict

    A federal judge in Atlanta has said he won't reduce a $2.3 million verdict against two Georgia wholesalers of cigarette rolling paper accused of selling knockoffs, saying the jury's determination on the amount of the damages is "something the court cannot second-guess."

  • February 21, 2024

    FDA Let Pharma Co. 'Sidestep' Application Rules, Court Told

    The Food and Drug Administration has been hit with a suit alleging it wrongly allowed a drugmaker to expand the scope of its application to market a generic version of a blockbuster pulmonary hypertension drug.

  • February 21, 2024

    ByteDance Can't Arbitrate Ex-Coder's Wrongful Firing Suit

    A California federal judge declined to send a former ByteDance Inc. engineer's wrongful termination suit to arbitration, writing in a ruling made public Tuesday that there are factual disputes over whether he signed employment agreements containing arbitration clauses, saying the matter should be resolved via a jury trial.

  • February 21, 2024

    WDTX Jury Clears Samsung In $4B Chip Patent Trial

    A Western District of Texas jury has cleared Samsung of infringing two semiconductor patents, following a trial in which the patent owner sought a record damages award of more than $4 billion.

  • February 21, 2024

    Vidal Won't Consider Letter In Ford, Honda Patent Fights

    U.S. Patent and Trademark Office Director Kathi Vidal has agreed to unseal what she called an "inappropriate" communication that was sent to her about challenges to wireless communications patents owned by Neo Wireless, but said "I have not, and will not, review or consider" what it says.

  • February 21, 2024

    Motorola Wants Rival's IP Use, Unpaid Royalties Investigated

    While Motorola defends its $540 million trade secret win against a major Chinese radio company at the Seventh Circuit, the tech giant asked an Illinois federal judge to look into whether its rival has continued using Motorola trade secrets without paying a royalty and should be held in contempt.

  • February 21, 2024

    Auto Giants Can't Pause Neo Tech Patent MDL

    A Michigan federal judge said Tuesday he wouldn't stay multidistrict litigation by Neo Wireless alleging multiple auto companies infringed its in-vehicle cellular technology while the automakers wait for reviews of the underlying patents, saying a pause now would just delay the cases' return to their original courts.

  • February 21, 2024

    Patent Office Proposes Having More Attys Argue At The PTAB

    Federal patent officials are planning to increase the number of attorneys who can practice before the Patent Trial and Appeal Board, making a proposal to do things such as "designate non-registered practitioners who are recognized pro hac vice" as the legal head of a party in a proceeding.

  • February 21, 2024

    Inventor Group Loses Bid For Info From USPTO

    A D.C. federal judge has given the U.S. Patent and Trademark Office a win in a suit accusing it of flouting federal law by not adequately providing an inventor group with information it requested from the federal government relating to delegations of authority to various officials at the agency.

Expert Analysis

  • EDNY Ruling Charts 99 Problems In Rap Lyric Admissibility

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    A New York federal court’s recent ruling in U.S. v. Jordan powerfully captures courts’ increasing skepticism about the admissibility of rap lyrics as evidence in criminal trials, particularly at a time when artists face economic incentives to embrace fictional, hyperbolic narratives, say attorneys at Sher Tremonte.

  • 3 Principles For Minimizing The Risk Of A Nuclear Verdict

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    In one of the latest examples of so-called nuclear verdicts, a single plaintiff was awarded $2.25 billion in a jury trial against Monsanto — revealing the need for defense attorneys to prioritize trust, connection and simplicity when communicating with modern juries, say Jenny Hergenrother and Mia Falzarano at Alston & Bird.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Opinion

    Patent Waiver For COVID Meds Would Harm US Biopharma

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    If the Biden administration backs the World Trade Organization in waiving patent rights on COVID-19 treatments, it would negatively affect the U.S. biopharmaceutical industry and help foreign competitors, without necessarily expanding global access to COVID-19 care, says clinical pathologist Wolfgang Klietmann.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

  • Key Considerations For Evaluating An AI Vendor

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    As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.

  • Exploring The Foreign Discovery Trend In Delaware

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    Despite a U.S. Supreme Court decision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss.

  • SAG-AFTRA Contract Is A Landmark For AI And IP Interplay

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    SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.

  • Googling Prospective Jurors Is Usually A Fool's Errand

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    Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.

  • A Look Into How Jurors Reach High Damages Awards

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    In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.

  • What To Know About WDTX Standing Order For Patent Cases

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    Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.

  • 10 Lessons From A Deep Dive Into IP Damages

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    Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.

  • Managing Competing Priorities In Witness Preparation

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    There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

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