Intellectual Property

  • February 20, 2024

    Justices Won't Hear Apple Patent Challenge In $576M Case

    The U.S. Supreme Court refused Tuesday to consider if Apple should have been barred from joining a successful challenge to network security patents in a $576.5 million case, turning down cybersecurity company VirnetX Inc.'s argument that Apple's petition was filed too late.

  • February 20, 2024

    High Court Won't Review PTAB's Ax Of Prof's Ventilator Patent

    The U.S. Supreme Court on Tuesday refused to consider a California State University, Fullerton, professor's appeal of a Patent Trial and Appeal Board decision invalidating many claims in her ventilator patent, turning down her argument that the board's findings went "against scientific principles."

  • February 16, 2024

    MrBeast Can't Toss Restaurant Co.'s Burger Deal Countersuit

    A New York judge refused Friday to toss contract breach counterclaims against YouTube personality MrBeast filed by his restaurant business partner, Virtual Dining Concepts, over his tweets about a burger ghost kitchen deal gone awry, finding they didn't fall within the scope of New York's anti-SLAPP law.

  • February 16, 2024

    PTAB To Review Engine Patent After Court Axed It

    The BMW brand has won a decision from the patent board to review the validity of a patented method for calculating the valve timing in a car engine, over half a year after a federal judge in Illinois ruled that the patent failed the U.S. Supreme Court's Alice standard for patent eligibility.

  • February 16, 2024

    Stop Trying To Relate To Jurors If You Liked Harvard: Judge

    A senior federal district judge from Oregon on Friday urged intellectual property attorneys to stop pretending they can connect with juries when their backgrounds at times make it impossible to do so.

  • February 16, 2024

    Fed. Circ. Revives Comcast Patent Case, And Warns Its Atty

    The Federal Circuit on Friday revived a patent suit against Comcast over voice recognition technology, finding that a lower court misinterpreted the patents, and reprimanded a Comcast attorney from Weil Gotshal & Manges LLP for exceeding word counts in a brief in a related case.

  • February 16, 2024

    Startup Countersues Trucker Tracking Co. For Stealing Tech

    A venture capital-backed startup that sells dashboard cameras to monitor truck drivers is responding to a rival's well-publicized patent infringement case by filing its own patent lawsuit in a different federal court that mirrors many of the same allegations of technological theft but pointing them in the other direction.

  • February 16, 2024

    Meet The Attys Arguing Copyright Damages Row At Top Court

    The attorneys who will face off before the U.S. Supreme Court on Wednesday in a copyright dispute that could expand the timeline for available damages are both well-respected appellate litigators who have spent plenty of time in the spotlight of big cases.

  • February 16, 2024

    Fed. Circ. Reverses Injunction In Adventure Parks IP Suit

    The Federal Circuit has reversed a Texas federal judge's decision to preliminarily block Kangaroo LLC from operating a part of its trampoline park using certain colors, saying the lower court didn't make "the requisite findings" to justify the injunction, and the injunction request fails on the merits.

  • February 16, 2024

    You Want Judge Reyna To Have Coffee With Your Brief

    U.S. Circuit Judge Jimmie V. Reyna on Friday told intellectual property attorneys that the best way to establish credibility at the Federal Circuit is through a well-written brief, saying otherwise they put him in a bad position and deprive him of coffee.

  • February 16, 2024

    Up Next At High Court: Deadlines, Delivery Drivers & Smog

    The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.

  • February 16, 2024

    Medtronic Urges 8th Circ. To Undo Transfer Pricing Ruling

    Medical device company Medtronic asked the Eighth Circuit on Friday to overturn a decision rejecting its pricing method for licensing intellectual property to its Puerto Rican affiliate, saying in the long-running case that Medtronic hadn't used the intercompany arrangement to underreport its income.

  • February 16, 2024

    New IP Cases At ITC Plunged In 2023

    A new report about intellectual property shows that there was a "significant downturn" in cases at the U.S. International Trade Commission in 2023, according to an agency that represents expert witnesses for litigation.

  • February 16, 2024

    Intellectual Property Group Of The Year: Williams & Connolly

    Attorneys at Williams & Connolly LLP had a landmark year with two precedent-setting victories in the U.S. Supreme Court that will affect copyright and trademark litigation for years to come, earning the firm a spot among Law360's 2023 Intellectual Property Groups of the Year.

  • February 16, 2024

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

    This past week in London has seen a legal battle erupt between JPMorgan and the founder of a Greek payments company following a dispute over the valuation of their jointly owned fintech business, the children of late Russian oligarch Vladimir Scherbakov face a claim by Fieldfisher LLP, the Director of Education and Training at the Solicitors Regulation Authority tackle a claim by two solicitors, and train operator First MTR South Western Trains file a claim against a security company. Here, Law360 looks at these and other new claims in the U.K.

  • February 15, 2024

    Kirkland Fights Uphill To Get Atty's Info From 2 BigLaw Firms

    A California federal magistrate judge appeared skeptical Thursday of Kirkland & Ellis' bid to subpoena confidential personnel information from a former IP associate's prior employers Paul Hastings LLP and Fish & Richardson PC in Kirkland's defense against her discrimination suit, telling counsel the requests seem overbroad and "at best marginally relevant."

  • February 15, 2024

    Ex-ArentFox Client Tentatively Denied Conflict Case Discovery

    A California state judge tentatively ruled on Thursday that government contractor Peraton Corp. cannot get discovery for ArentFox Schiff's work for a business rival around the time it represented Peraton, saying since the discovery bid relates to an arbitration provision in Peraton's retainer, what happened after it was inked is irrelevant.

  • February 15, 2024

    Justices To Hear IP Case That Could Cap Copyright Payouts

    Payouts in copyright disputes could be capped to three years from the date of alleged infringement or go back much further after the U.S. Supreme Court considers the long-lingering question of whether the statute of limitations on copyright restricts damages.

  • February 15, 2024

    VLSI Asks Fed. Circ. To Halt Trial On Intel License Defense

    VLSI urged the Federal Circuit on Thursday to block a California federal court from holding a trial solely on Intel's argument that it has a license to VLSI's patents after Intel was cleared of infringement, saying the court has acted "in clear excess of its jurisdiction."

  • February 15, 2024

    Fla. Court Says Alumni Group Can't Use College's Trademarks

    A Florida federal judge permanently barred the use of a private college's trademarks by an alumni association on Thursday, saying in an order that the group is prohibited from "making or displaying any statement or representation" that's likely to make people believe members are linked to the university.

  • February 15, 2024

    Lenovo, Motorola Lose Injunction Bid In IP License Fight

    A North Carolina federal judge has rejected a bid from Lenovo and Motorola Mobility to block Ericsson from being able to enforce injunctions it got in other countries barring sales of Lenovo products in those countries.

  • February 15, 2024

    IP Forecast: 'No Labels' Party Feuds With Website Over Name

    In advance of debuting candidates for its promised "Unity Ticket for 2024," third-party political group No Labels will fight next week with a website's owners who say the group's name is merely a generic phrase any candidate can use. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 15, 2024

    Fed. Circ. Revives MasterObjects Patent Suit Against Meta

    The Federal Circuit on Thursday gave MasterObjects Inc. a second chance to argue Meta Platforms Inc. has infringed its search query patents, taking issue with claim construction changes as the case was transferred from Texas to California.

  • February 15, 2024

    Marketing Co. Asks Justices To Hear 'Impossible' TM Row

    Illinois-based marketing consulting firm Impossible X LLC has asked the U.S. Supreme Court to review a decision from a divided Ninth Circuit that revived plant-based burger maker Impossible Foods Inc.'s trademark lawsuit against it.

  • February 15, 2024

    Calif. Jury Clears Duplo In Trial Over MGI Printer Patents

    A California federal jury has found that Duplo USA Corp. didn't infringe any claims of MGI Digital Technology SA's printer patents it was accused of infringing and that those claims were invalid, according to a verdict made public Thursday,

Expert Analysis

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • AI Takes Transformers Beyond Robots In Disguise

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    At the intersection of artificial intelligence and copyright law, the shape-shifting models known as transformers raise the question of whether using copyrighted materials to train such models constitutes a transformative use, says Sean Li at Benesch.

  • AI Inventorship Patent Options After UK Supreme Court Ruling

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    The U.K. Supreme Court's recent ruling in Thaler v. Comptroller-General of Patents, Designs and Trade Marks that an AI system cannot be an inventor raises questions about alternative approaches to patent protection for AI-generated inventions and how the decision might affect infringement and validity disputes around such patents, says David Knight at Brown Rudnick.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Del. Ruling Features Valuable Analysis For IPR Estoppel Args

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    Last month, the District Court of Delaware held in Prolitec v. ScentAir Technologies that IPR estoppel does not apply to device art, and the analysis in the case provides welcome illumination for how IPR estoppel arguments should be decided, says Chris Ponder at Sheppard Mullin.

  • Taking A Closer Look At Fed. Circ. Claim Construction Split

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    An empirical analysis of a year's worth of claim construction decisions from the Federal Circuit and four key district court jurisdictions shows that these constructions vary in material ways depending on the analysis' source, and this body of case law would benefit from clarification by the Federal Circuit itself, say attorneys at WilmerHale.

  • Staying Ahead Of The AI Policymaking Curve

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    With artificial intelligence poised to be the hottest legislative and regulatory topic in 2024, expect the AI policymaking toolbox to continue to expand and evolve as stakeholders in the U.S. and abroad develop, deploy, use and learn more about these technologies, say attorneys at Hogan Lovells.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • And Now A Word From The Panel: A Strong Year For MDLs

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    While the Judicial Panel on Multidistrict Litigation granted even fewer MDL petitions last year than in 2022, hitting a 21st-century low, a closer look at the record-setting number of total actions encompassed within current proceedings reveals that MDL practice is still quite robust, says Alan Rothman at Sidley.

  • What Cos. Can Learn From 2023 Export Enforcement Report

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    A January report summarizing key actions and policy changes undertaken at the Office of Export Enforcement in 2023 is a valuable indicator of future government priorities and the factors companies should consider as they conduct export operations amid what may be a turbulent international trading environment in 2024, says Thaddeus McBride at Bass Berry.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Parsing The USPTO's Guidelines For Assessing Enablement

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    Ryan Hagglund at Loeb & Loeb details the U.S. Patent and Trademark Office's recent guidelines for assessing enablement principles set forth in the U.S. Supreme Court's 2023 Amgen v. Sanofi decision, including how the guidelines can apply to all fields of technology.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

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