Intellectual Property

  • March 04, 2024

    Maine Slams Trade Secret Claim In Lobstermen's Tracking Suit

    The Maine state government is pushing back against lobstermen who want a federal court to block a state requirement to have tracking devices on their boats, slamming arguments that the monitoring will reveal fishing patterns and locations they consider trade secrets.

  • March 04, 2024

    8 Banks Targeted In ATM Patent Campaign

    A patent-holding company has accused JPMorgan Chase Bank NA and other banks of infringing a pair of patents covering things like ATM circuitry memory.

  • March 04, 2024

    Legal Marketing Co. Sues Ex-VP Over Trade Secrets Theft

    Legal case acquisition marketing company Tort Experts LLC has sued a former senior vice president of marketing in Colorado federal court for allegedly sharing screenshots of the company's internal systems, pricing and margins with competitors in violation of an employment agreement and federal law.

  • March 04, 2024

    11th Circ. Says Broker Can't Collect Fees In Copyright Case

    The Eleventh Circuit has ruled that a Florida real estate broker cannot collect attorney fees incurred for defending himself from a copyright infringement suit by an aerial photography company because the broker was not a prevailing party once the photography company voluntarily dismissed the case.

  • March 04, 2024

    Antibe Therapeutics To Pay Nuance $24M In Licensing Fight

    Canadian company Antibe Therapeutics Inc. said Monday it has lost its dispute in arbitration with Chinese firm Nuance Pharma Ltd. over a licensing deal for an anti-inflammatory drug, saying it has agreed to pay out $24 million as the license agreement is rescinded.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 04, 2024

    Gilstrap Backs Trial In Samsung, Ex-Attys' Trade Secret Fight

    Chief U.S. District Judge Rodney Gilstrap has signed off on a magistrate judge's recommendation to send a Texas trade secrets fight between Samsung and two tech companies operated by former Samsung attorneys to court, denying bids for an early win brought by counterclaim defendants Staton Techiya and Synergy IP.

  • March 04, 2024

    Fed. Circ. Revives Diaper IP Over 'Unsupported Assumptions'

    The Federal Circuit on Monday tossed Patent Trial and Appeal Board decisions that had found claims in Paul Hartmann AG's patents on adult diapers invalid in challenges brought by Attends Healthcare, holding that the board relied on "unsupported assumptions."

  • March 04, 2024

    Fish & Richardson Reelects CEO To 2nd Term

    Global intellectual property law firm Fish & Richardson PC announced Monday that John Adkisson had been reelected to serve a second four-year term as president and CEO.

  • March 04, 2024

    Justices Pass On Hasbro's Atty Fee Fight In Copyright Win

    The U.S. Supreme Court on Monday denied Hasbro Inc.'s appeal to review the First Circuit's refusal to award its lawyers nearly $2 million in attorney fees for prevailing in a copyright suit over the Game of Life.

  • March 04, 2024

    Justices Won't Review Concrete Co. Licensing Fight

    The U.S. Supreme Court on Monday turned away a petition arguing that state courts are "eroding" the rule requiring clear evidence that a party agreed to arbitrate a particular dispute, in a case centering on an arbitral award favoring a concrete company in a licensing feud.

  • March 04, 2024

    Paul Hastings Hires 6-Partner IP Team From Allen & Overy

    Paul Hastings LLP hired a six-partner litigation team from Allen & Overy LLP to boost the firm's intellectual property practice across the country.

  • March 01, 2024

    Gov't Says AI Patent Gap Between US And China Is Growing

    A report by a U.S. federal agency says that people living in China have been granted more patents than people living in the U.S., and the latest figures suggest an especially widening gap in patents issued over artificial intelligence.

  • March 01, 2024

    USPTO Wants To Make Patent Amendment Pilot Official

    The U.S. Patent and Trademark Office plans to formalize its pilot program assisting patent owners in amending challenged claims, according to a Federal Register notice on Friday.

  • March 01, 2024

    Jury Awards Midwest Energy $57M On Refined Coal Patents

    A Delaware federal jury on Friday awarded Midwest Energy Emissions Corp. more than $57 million after finding that numerous affiliated companies willfully infringed its patents on technology for refining coal to reduce mercury in emissions from power plants.

  • March 01, 2024

    Blockbuster Drug Sales Help Keep J&J Patent Alive

    Johnson & Johnson has persuaded a federal judge in Wilmington, Delaware, to rule in its favor in a patent case seeking to prevent a startup from launching a competing line of schizophrenia drugs, in part because Invega Sustenna has made the pharmaceutical giant billions of dollars.

  • March 01, 2024

    Microsoft Escapes SAIC's Night-Vision Goggle Patent Suit

    A U.S. Court of Federal Claims judge has found that Microsoft Corp. didn't infringe a Science Applications International Corp. patent in a suit accusing the federal government of contracting with Microsoft and L3 Technologies Inc. for night-vision goggle weapon systems with infringing displays, but the judge also denied bids to find the patent invalid.

  • March 01, 2024

    Gilstrap Orders Damages Retrial To Avoid $67.5M 'Train Wreck'

    Chief U.S. District Judge Rodney Gilstrap ordered a damages retrial in infringement litigation between G+ Communications and Samsung on Friday, warning there would otherwise be a "guaranteed 'train wreck'" since both parties failed to explain what they believed the $67.5 million verdict means.

  • March 01, 2024

    Gilead, Cipla Ink Deal To End HIV Drug Buyers' Antitrust Suit

    Gilead Sciences Inc. and generics maker Cipla told a California federal judge Friday they've reached a settlement ending a proposed class action filed by a public employees' health insurance fund over an alleged anti-competitive patent deal to delay the launch of a generic version of the HIV drug Truvada.

  • March 01, 2024

    Vidal Asked To Review PTAB Decisions In Semiconductor Fight

    A Dallas company called Greenthread LLC has asked the head of the U.S. Patent and Trademark Office to review decisions of the Patent Trial and Appeal Board allowing challenges to claims in a pair of its patents.

  • March 01, 2024

    FTC Backs Colo. Right-To-Repair Expansion

    A Federal Trade Commission representative appeared at a Colorado legislative hearing in support of a proposed "right-to-repair" law requiring manufacturers to provide documentation, software, data and certain tools to allow consumers to fix their own digital electronic equipment.

  • March 01, 2024

    Pool Co. Hit With $15M Verdict On Rival's False Ad Claims

    A swimming pool equipment manufacturer is on the hook for nearly $15 million after a North Carolina federal jury found it liable on Friday for false advertising and unfair business practices, but it otherwise escaped infringement claims stemming from the use of its rival's trademarks on Amazon product listings.

  • March 01, 2024

    MLS Unlawfully Used Company's San Diego Mural, Suit Says

    A company that creates murals resembling postcards has accused Major League Soccer of illegally reproducing and distributing one of its images to promote the organization's newest club in San Diego for financial gain.

  • March 01, 2024

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

    This past week in London has seen a legal battle between confectionary heavyweight Mars Wrigley UK and a frozen food manufacturer, a trademark infringement claim by Abbott Diabetes Care over glucose monitoring meters, Mercedes-Benz Group hit with two commercial fraud disputes, and the Mediterranean Shipping Company tackle a cargo claim by an insurance company. Here, Law360 looks at these and other new claims in the U.K.

  • March 01, 2024

    Squire Patton Boggs Grows IP Team With Eaton Corp. Atty

    Squire Patton Boggs has added a patent and trademark attorney fresh off an in-house role at the power management firm Eaton Corp. to its intellectual property and technology practice group in Cleveland, where she will be of counsel.

Expert Analysis

  • Webpages Must Meet Accessibility Standard To Be Prior Art

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    The Patent Trial and Appeal Board's First Solar Inc. v. Rovshan Sade decision, that an available internet resource doesn't necessarily qualify as a prior art "printed publication" that is publicly accessible, serves as a reminder of the unforgiving requirements that must be satisfied to establish that a reference is a printed publication, say attorneys at Akin.

  • The Pros And Cons Of Protecting AI As Trade Secrets

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    Despite regulatory trends toward greater transparency of artificial intelligence models, federal policy acknowledges, and perhaps endorses, trade secret protection for AI information, but there are still hurdles in keeping AI information a secret, say Jennifer Maisel and Andrew Stewart at Rothwell Figg.

  • Trending At The PTAB: Navigating A Motion To Amend

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    The Patent Trial and Appeal Board's recent decisions in motions to amend patent claims highlight the challenges of taking advantage of the board's pilot program for amending such claims, and owners and petitioners should keep several strategic considerations in mind as the program continues through mid-September, say Joshua Goldberg and Kai Rajan at Finnegan.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • How Echoing Techniques Can Derail Witnesses At Deposition

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    Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.

  • Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent

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    The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • How Cos. Can Assess Open-Source Contribution Patent Risks

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    Recent trends underscore the importance of open-source software to the technology industry for both engineering and strategic purposes, and companies should consider using a framework that addresses whether contributions require granting licenses to patent claims in portfolios to analyze associated risks, says Shrut Kirti at TAE Technologies.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

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    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • No AI FRAUD Act Is A Significant Step For Right Of Publicity

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    The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act's proposed federal right of publicity protection, including post-mortem rights, represents a significant step toward harmonizing the landscape of right of publicity law, Rachel Hofstatter and Aaron Rosenthal at Honigman.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Averting Patent And Other IP Risks In Generative AI Use

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    While leveraging generative AI presents potential problems such as loss of ownership of patents and other intellectual properties, a series of practice tips, including ensuring that the technology is used as a supplementary tool and is not contributing to invention conception, can help mitigate those concerns, say Mackenzie Martin and Bryce Bailey at Baker McKenzie.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

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    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • New Hydrogen Regulations Show The Need For IP Protections

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    The introduction of hydrogen regulations, such as the IRS' proposed tax credit for clean hydrogen under the Inflation Reduction Act, are reshaping the competitive landscape, with intellectual property rights an area of increased emphasis, say Evan Glass and James De Vellis at Foley & Lardner.

  • Inside The PTAB's Seagen Cancer Drug Patent Decision

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    The Patent Trial and Appeal Board's recent finding that Seagen's claims for antibody-drug conjugate technology were unpatentable — for lack of enablement, lack of written description and anticipation — mark the latest chapter in the complex patent dispute as the case heads for director review, says Ryan Hagglund at Loeb & Loeb.

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