Intellectual Property

  • February 09, 2024

    AI Companies Say Artists' Copyright Suit Still Falls Short

    Four artificial intelligence companies behind image-generating platforms asked a California federal court to dismiss a proposed copyright class action from artists, arguing the plaintiffs' amended complaint still does not support allegations that their works were ripped off to train various AI programs.

  • February 09, 2024

    Salesman Used AI To Transcribe Calls, Steal Secrets, Cos. Say

    Two Nebraska-based technology companies say a former Connecticut salesman used the "unauthorized" artificial intelligence program Otter to record meetings, forwarded more than 200 confidential messages to his personal email address and made off with trade secrets for accounts worth $12 million after he was fired for cause on Feb. 1.

  • February 09, 2024

    2023 Patent Litigation: A Year In Review

    Attorneys filed fewer patent suits in district courts in 2023 than in any year for more than a decade, and the amount of America Invents Act petitions at the Patent Trial and Appeal Board fell to a 10-year low as well. The Western District of Texas also lost its place as the most popular patent litigation venue in the U.S. in 2023, with the Eastern District of Texas overtaking it.

  • February 09, 2024

    LG Accused Of Infringing Texas Co.'s Screen Display Patents

    Bishop Display Tech LLC accused LG Electronics in Texas federal court of infringing several patents relating to liquid crystal screen displays, saying that the appliance heavyweight continued to sell products that use those technologies despite knowing of the infringement.

  • February 09, 2024

    Vidal Told PTAB Rightly Denied Ford, Honda Cases

    A wireless communication patent owner has said U.S. Patent and Trademark Office Director Kathi Vidal should back the Patent Trial and Appeal Board's rejection of challenges from Ford and Honda.

  • February 09, 2024

    High Court Told Image Ironing IP Argument Was Forfeited

    Two office supply companies have told the U.S. Supreme Court to reject a patent owner's petition asking to reexamine the obviousness analysis done on her now-invalid image ironing patents, arguing that her argument was forfeited when it was not brought before the Patent Trial and Appeal Board.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 09, 2024

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

    This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.

  • February 08, 2024

    Texas Jury Clears Cloudflare, Axes Router Patent Claim

    San Francisco software company Cloudflare did not infringe a router patent owned by Sable Networks, a Texas federal jury determined Thursday, while also finding that Sable's asserted claim is invalid.

  • February 08, 2024

    White House Patent Plan To Curb Drug Prices Draws Outcry

    A Biden administration proposal aiming to lower drug prices by using the government's authority to override patents for products developed with federal funding has drawn fierce pushback from drugmakers, universities and others who say the plan will hinder innovation.

  • February 08, 2024

    Fed. Circ. Grapples Over Implying IP Success To Jury

    The Federal Circuit on Thursday tried to drill down on the impact of overlap between commercial success and industry praise when asking a jury to review factors that can overcome invalidating a patent as obvious.

  • February 08, 2024

    First Citizens Says HSBC Execs OK'd SVB Poaching Plan

    First Citizens Bank has beefed up allegations that HSBC Holdings stole confidential information and poached employees from the failed Silicon Valley Bank, filing an amended complaint Wednesday in California federal court, claiming HSBC's top executives and chief legal officer knew of the alleged poaching conspiracy.

  • February 08, 2024

    Texas Adjuster No Longer To Pretend To Be Lloyd's Of London

    An insurance adjuster who hijacked the good name of British underwriting giant Lloyd's of London after blaming it for lost compensation agreed in Texas federal court to shut down businesses he opened in its name.

  • February 08, 2024

    6th Circ. Affirms Most Of Ex-Pitcher's $450K Win In TM Case

    The Sixth Circuit on Thursday upheld most of a nearly $450,000 jury award for an ex-Major League Baseball pitcher in a trademark infringement case, but said $67,649 in punitive damages must be reconsidered under the correct legal standard.

  • February 08, 2024

    HHS Won't Invoke IP Rights To Lessen Xtandi Prices

    The U.S. Department of Health and Human Services said it's unnecessary for the government to assert patent rights to Pfizer and Astellas' blockbuster cancer drug, Xtandi, in the hopes of lowering prices, determining that the drug is already widely available and that exercising those rights is unlikely to be effective.

  • February 08, 2024

    Federal Circuit Revives Food Slicer Patent Challenges

    The Federal Circuit on Thursday threw out a pair of Patent Trial and Appeal Board decisions that found Weber Inc. failed to show claims in food slicer patents owned by rival Provisur Technologies were invalid, sending the proceedings back to the board.

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 17, 2023

    2022 Patent Litigation: A Year In Review

    The Western District of Texas maintained its title as the busiest court for patent litigation in 2022, patent case filings held steady and appeals of district court patent decisions took a dip last year. Check out Law360's coverage of a new report on U.S. patent litigation, with revealing details about the most influential law firms, courts and tactics.  

  • February 08, 2024

    Patent Owner Calls $8M Bond Unconstitutional In IP Row

    Patent owner Longhorn IP has urged the Federal Circuit to overturn an $8 million bond imposed by an Idaho federal court under the state's law, claiming that the bond order was unconstitutional and an attempt to intimidate the company and deter it from bringing a semiconductor patent suit against Idaho-based Micron Technology.

  • February 08, 2024

    Judge Newman Says She's Been Cut From Judicial Listserv

    The day after a national panel that reviews judicial misconduct affirmed Federal Circuit Judge Pauline Newman's suspension for refusing to undergo medical tests as part of a probe into her mental fitness, the judge complained Thursday that she had been taken off an email list that goes to all judges.

  • February 08, 2024

    'Old Man Hustle' Comedy Club Can't Exit TM Fight Over Name

    A New York federal judge refused Wednesday to end Brooklyn Comedy Collective's trademark action against a rival, Old Man Hustle BKLYN Comedy Club, despite it changing its name last year, finding the name change still includes a variation of the plaintiff's name and could cause customer confusion.

  • February 08, 2024

    Pharma Cos. Back Request For Justices To Eye Drug IP Case

    Two pharmaceutical companies have urged the U.S. Supreme Court to take up an argument over obviousness in drug patent invalidations, telling the high court the Federal Circuit erred when it found there was a reasonable expectation of success just because a clinical trial was done.

  • February 08, 2024

    Exec Barred From Using DraftKings Info At New Fanatics Job

    A former DraftKings Inc. executive who recently jumped to competitor Fanatics won't be allowed to use any of the information he allegedly accessed in his final days with the Massachusetts-based gaming platform to draw potential high-value Super Bowl bettors over to his new employer, a Massachusetts federal judge ruled Thursday.

  • February 08, 2024

    Metal Band Shreds Royalties Suit Against Guitarist's Widow

    The popular heavy metal band All That Remains has dropped a lawsuit in Connecticut federal court accusing its longtime guitarist's widow of blocking royalties to the surviving members and using improper copyright claims to remove some of the act's best-known work from video sharing sites.

  • February 08, 2024

    Ex-BigLaw Atty Must Revamp Social Media Defamation Suit

    The social media influencer facing a $150 million defamation lawsuit claiming he misrepresented an ex-Greenberg Traurig LLP attorney's nightmarish divorce can breathe a sigh of relief — for now — as a Florida federal judge tossed the suit Thursday after finding it is "far longer than it needs be," but said most of it can proceed if refiled properly.

Expert Analysis

  • NCAA Proposal Points To A New NIL Compensation Frontier

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    Although NCAA President Charlie Baker's recent proposal for Division I institutions to pay student-athletes for name, image and likeness licensing deals is unlikely to pass in its current form, it shows that direct compensation for student-athletes is a looming reality — and member institutions should begin preparing in earnest, say attorneys at Pillsbury.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • How Int'l Student-Athlete Law Would Change The NIL Game

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    Recently proposed legislation to allow international student-athletes the opportunity to profit from their name, image and likeness without violating their F-1 nonimmigrant student visa status represents a pivotal step in NIL policy, and universities must assess and adapt their approaches to accommodate unique immigration concerns, say attorneys at Phelps Dunbar.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How The PTAB Landscape Shifted In 2023

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    Attorneys at Finnegan consider the impact of noteworthy Patent Trial and Appeal Board developments in 2023, including rulemaking, litigation, precedential decisions and director reviews that affected PTAB practice, and offer a reference for examining future proceedings and strategies.

  • FDA's Recent Litigation Records Are Strong, But Imperfect

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    The U.S. Food and Drug Administration has notched its share of litigation wins in recent years thanks to a number of key advantages, but the FDA has been less successful in certain highly visible arenas, Jonathan Berman and Colleen Heisey at Jones Day.

  • Coming To Terms With Means-Plus-Function Patent Claims

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    Made-up patent claim terms can open arguments that means-plus-function claim interpretation applies under the Patent Act, but a series of practice tips, including the use of structural language immediately after introducing a claim element, can help avoid such perceptions, says Brad Luchsinger at Harness IP.

  • 5 Steps For Healthcare Companies After Biden's AI Order

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    Rather than simply monitoring for the issuance of agency guidelines on artificial intelligence in the wake of President Joe Biden's October executive order, health and life sciences companies should take action now and begin building internal operational and technical infrastructures designed to govern the use of AI, says Joy Sharp at Faegre Drinker.

  • Opinion

    Giving The Gov't Drug Patent March-In Authority Is Bad Policy

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    The Biden administration's recent proposal to allow government seizure of certain taxpayer-funded drug patents is a terrible idea that would negate the benefits of government-funded research, to the detriment of patients and the wider economy, says Wayne Winegarden at Pacific Research Institute.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • 7 Enforcement Predictions For US Export Controls, Sanctions

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    Federal agencies' assertions of coming increases in export-control and sanctions-violations enforcement are not new, but recent improvements in resources and inter-agency cooperation allow for certain predictions about how the administration’s latest approach to enforcement may be applied going forward, say attorneys at Akin.

  • Key Takeaways From 2023 Trade Secret Developments

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    Attorneys at Faegre Drinker parse the past year's most significant trade secret rulings for practice tips, including the importance of establishing a confidential relationship when sharing trade secrets with third parties.

  • Energy Sector Takeaways From Biden's AI Executive Order

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    While the U.S. Department of Energy begins to establish rules in accordance with President Joe Biden's recent executive order on artificial intelligence, in-house counsel can work with business lines and executive teams to consider implementing their own AI governance process, say Joel Meister and James De Vellis at Foley & Lardner.

  • 3 Types Of Evidence Excluded Pretrial In 2023 TM Cases

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    Dylan I. Scher at Quinn Emanuel reviews three areas of rulings on motions in limine from 2023 where parties successfully excluded evidence in a trademark dispute, for legal practitioners to consider for future cases.

  • Lessons From This Year's Landmark Green Energy IP Clash

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    In this year's Siemens v. General Electric wind turbine patent dispute, a Massachusetts federal court offers a cautionary tale against willful infringement, and highlights the balance between innovation, law and ethics, as legal battles like this become more frequent in the renewable energy sector, say John Powell and Andrew Siuta at Sunstein.

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