Intellectual Property

  • April 17, 2024

    Chinese Vape Maker Accuses UK Co. Of Bumming Designs

    A Chinese vape maker has accused a rival of selling products that look identical to its SKE Crystal Bar, infringing its intellectual property by using the "Crystal" name and misrepresenting their vapes to British consumers.

  • April 16, 2024

    7th Circ. Finally Freezes Hytera's $1M-Per-Day Sanctions

    The Seventh Circuit on Tuesday halted the daily $1 million fine and sales ban ordered against Hytera Communications for participating in Chinese litigation against a district judge's orders, after previously refusing to save the company from its "self inflicted wounds."

  • April 16, 2024

    Supreme Court Asked To Look At 'Original Patents'

    A Texas patent outfit is back at the U.S. Supreme Court with an appeal over a loss in the lower courts, this time over a reading of legal precedent involving patent law's rarely invoked "original patent" requirements.

  • April 16, 2024

    Caitlin Clark's WNBA Leap Set To Pay Off, Lift Women's Sports

    Although the first-year WNBA salary of Caitlin Clark will be relatively meager, she is in no financial straits because of dramatic changes to the laws and rules governing college athletes' ability to earn money in recent years, and experts say Clark's ascension is lifting up all of women's sports.

  • April 16, 2024

    Fed. Circ. Is Told To Undo Transfer Of Apple Patent Case

    A Texas federal judge has shipped to California a suit accusing Apple of patent infringement, prompting patent-owning technology company Haptic Inc. to appeal the decision to the Federal Circuit.

  • April 16, 2024

    Tai Sidesteps As GOP Reps Try To Pin Down Trade Timeline

    Republicans on the House Ways and Means Committee castigated U.S. Trade Representative Katherine Tai on Tuesday for the administration's vague agenda regarding future trade deals and a long-awaited tariff review that she described as "optimistic" and "coming soon."

  • April 16, 2024

    Cooler Co. Says License Revelation Guts Rival's Patent Claim

    A Canadian cooler maker has urged a Colorado federal judge to toss a rival's patent infringement claims in a dispute over soft-sided coolers, arguing that the rival failed to disclose a licensing agreement that shows it never had the right to claim infringement in the first place.

  • April 16, 2024

    Winston & Strawn Settles Brief-Plagiarizing Allegations

    A Tuesday filing indicated that Winston & Strawn LLP has managed to settle copyright infringement allegations coming from a boutique intellectual property firm that went to a federal court in Manhattan to accuse the BigLaw firm of copying a motion-to-dismiss filing "nearly verbatim."

  • April 16, 2024

    US Tequila Startup Defeats Older Mexican Rival's TM Case

    A Texas federal judge has decided that the tequila marketplace is big enough for both a U.S. startup called "Casa Azul" and an older Mexican brand called "Clase Azul," whose lawyers unsuccessfully tried to persuade the judge of its fame by playing a music video by reggaeton rapper Ozuna. 

  • April 16, 2024

    2nd Circ. Frees FDNY From TM Limits In Nonprofit's Suit

    The Second Circuit on Tuesday threw out an injunction barring New York City and its fire department from using the allegedly infringing term "medical special operations," reasoning in the trademark suit that it's too general to be considered an infringement of a nonprofit's name for meetings.

  • April 16, 2024

    IBM Gained Most AI Patents By Far In 2023

    IBM obtained more U.S. artificial intelligence patents in 2023 than any other company, with its closest competitors falling behind by more than 300 patents, according to a Harrity Patent Analytics report announced Tuesday.

  • April 16, 2024

    DraftKings Workers Say Ex-Boss Tried To Lure Them To Rival

    Two DraftKings higher-ups testified Tuesday that their former boss had tried to lure them to join rival sportsbook Fanatics with multimillion-dollar compensation offers, contradicting their former supervisor's claim that he never attempted to get his top lieutenants to help him set up a new office for Fanatics in Los Angeles.

  • April 16, 2024

    Impossible Foods Slams 'Radical' TM Fight At High Court

    Impossible Foods has urged the U.S. Supreme Court to reject a request by a marketing firm owned by a self-described "digital nomad" to review a split Ninth Circuit decision reviving the veggie burger-maker's trademark lawsuit against it, arguing the petition mischaracterizes personal jurisdiction legal precedent and makes "radical" constitutional arguments.

  • April 16, 2024

    Microsoft, OpenAI Say Intercept's IP Suit Should Be Axed

    Microsoft and OpenAI have asked a Manhattan federal judge to dismiss a complaint by The Intercept accusing the companies of removing author and copyright information from material allegedly used to train ChatGPT, saying the publication lacks standing to sue because it has provided no evidence to support its claims.

  • April 16, 2024

    Justices Say Army Vet Owed More Education Benefits

    An Army veteran who sought additional education benefits to attend Yale Divinity School is owed more federal assistance, the U.S. Supreme Court ruled Tuesday, upending an en banc Federal Circuit ruling that took a narrower view of what he is entitled to based on his multiple tours of duty.

  • April 15, 2024

    Resistance To Patent Licenses Drives More Suits, Execs Say

    Companies that generate revenue from patents are seeing less willingness to negotiate in recent years among businesses they approach about potential licenses, requiring more litigation in order to reach agreements, executives from IBM, InterDigital and others said Monday.

  • April 15, 2024

    Expert's Disney Trip Is No Reason To Delay Trial, Court Told

    A technical expert's $14,000 vacation to Disney World isn't the kind of circumstance that ought to delay a patent trial in which he's due to appear in on behalf of a Taiwanese monitor maker, a federal court in Waco, Texas, has been told.

  • April 15, 2024

    Judge Tosses 'Boilerplate' Infringement Suit Against OnStar

    OnStar LLC has escaped an infringement suit alleging it infringed a wireless company's patent for tracking vehicles after a Michigan federal judge said the wireless company did not properly describe its patent or allege how OnStar was misusing the technology.

  • April 15, 2024

    Dueling Bills Highlight Partisan Divide Over 'Judge Shopping'

    Dueling proposals to limit so-called judge shopping were unveiled by Senate party leaders last week, sparking optimism that Congress will rein in plaintiffs' ability to bring cases before judges they think will be friendly to their views, while others raised questions about the proposals' feasibility.

  • April 15, 2024

    Hytera Still Not Doing All It Can To Stop Fine, Motorola Says

    Hytera Communications has continued to drag its feet as it tries to lift the sanctions against it for participating in Chinese litigation against a court order, Motorola Solutions told the Seventh Circuit, arguing that a district court judge's daily status hearings ensure Hytera is being compelled to comply without being punished.

  • April 15, 2024

    Vidal Wants To Make Her Director Review Rules Official

    After almost a year of running U.S. Supreme Court-mandated director reviews of patent board decisions through an interim process, the U.S. Patent and Trademark Office said Monday that it has landed on some proposed rules for how it wants to officially run those.

  • April 15, 2024

    Model Bella Hadid Settles Photog's IP Suit Over Instagram Pic

    A New York federal judge Monday dismissed a photographer's suit accusing Bella Hadid of copyright infringement over an image the supermodel republished onto her Instagram account four years ago after the photographer advised the court they've reached a settlement in principle with Hadid.

  • April 15, 2024

    Boeing Says Virgin Can't Use Another Court To Avoid IP Suit

    Boeing has urged the Virginia federal judge overseeing its breach of contract and trade secrets dispute with Virgin Galactic to block Virgin from moving forward with a "copycat" lawsuit in California, saying Virgin is wrongly trying to avoid the original lawsuit.

  • April 15, 2024

    TTAB Sides With Pharma Co.'s Opposition To 'SageForth' TM

    The Trademark Trial and Appeal Board has ruled in favor of biopharmaceutical company Sage Therapeutics Inc.' opposition to a psychological service provider's attempt to register "SageForth" as a trademark, saying the name is likely to cause confusion with Sage Therapeutics' treatments for postpartum depression.

  • April 15, 2024

    Hold This COVID Vax Patent Case, Judge Recommends

    One of the suits over Pfizer's blockbuster COVID-19 vaccine hit a snag in Virginia federal court Friday when a judge recommended pausing the case to wait for a ruling in a related dispute over patent ownership involving one of BioNTech's other partners.

Expert Analysis

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • 10 Years After Alice, Predictability Debate Lingers

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    A decade after the U.S. Supreme Court’s Alice ruling, critics continue to argue that the subject matter eligibility framework it established yields inconsistent results, but that contention is disproved by affirmance data from the Federal Circuit, district courts and the Patent Trial and Appeal Board, say Dennis Abdelnour and David Thomas at Honigman.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Circumstantial Evidence Requires A Pointillist Approach

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    Because complex cases with sophisticated defendants are unlikely to reveal much, if any, direct evidence, attorneys must aggregate many pieces of circumstantial evidence into a cohesive narrative — much like the painting technique of pointillism, says Reuben Guttman at Guttman Buschner.

  • How China's IP Proposal Could Affect US Brands' TM Strategy

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    Proposed amendments to China's Trademark Law aimed at improving the application and enforcement processes could make some common U.S. brand protection strategies moot, and may require brand owners to more carefully explain marks' use or nonuse, say attorneys at Neal Gerber.

  • Exploring Patent Trends In Aerospace Electrification

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    As blue-chip companies lead the charge to power large-scale commercial airplanes with electricity, and startups advance the trend on a regional scale, patent applications directed at improving energy storage and electric motor efficiency are on the rise, say attorneys at Finnegan.

  • 3 Tech Sourcing Best Practices That Are Relevant For AI

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    It might be tempting to think that sourcing artificial intelligence tools requires a completely new set of skills, but the best practices that lead to a good deal are much the same as traditional technology procurement, says Mia Rendar at Pillsbury.

  • The Pros And Cons Of NIST's Proposed March-In Framework

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    Recent comments for and against the National Institute of Standards and Technology’s proposed guidance on march-in rights — which permit the government to seize federally funded patents — highlight how the framework may promote competition, but could also pose a risk to contractors and universities, say Nick Lee and Paul Ragusa at Baker Botts.

  • Why Fed. Circ. Should Resolve District Split On Patent Statute

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    A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • When Trade Secret Protection And Nat'l Security Converge

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    The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • Considerations For Evaluating IP Risks In Cannabis M&A

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    Due to the patchwork of state cannabis laws in the U.S., investors and businesses acquiring intellectual property must assess whether a trademark portfolio possesses any vulnerabilities, such as marks that are considered attractive to children or third-party claims of trademark infringement, say Mary Shapiro and Nicole Katsin at Evoke Law.

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