Intellectual Property

  • February 12, 2024

    Pandora Accused Of Withholding Years Of Royalties Payments

    For years, music streaming service Pandora has been underreporting and underpaying the so-called "mechanical royalties" it owes to songwriters and publishers under copyright law, according to a lawsuit filed Monday by the Mechanical Licensing Collective, the entity in charge of collecting and distributing royalties.

  • February 12, 2024

    Teradata Asks 9th Circ. To Revive SAP Antitrust, IP Claims

    Data analytics outfit Teradata urged the Ninth Circuit on Monday to revive its trade secret and tying claims against software giant SAP, saying a lower court judge wrongly excluded testimony from its expert economist and misconstrued agreements about confidentiality made when the two companies attempted a partnership.

  • February 12, 2024

    Google Wins More Atty Fees In 'Frivolous' IP Suit

    A California federal judge on Monday awarded Google additional attorney fees and costs in a patent infringement suit brought by EscapeX IP, saying the patent assertion entity's objections to the initial fee award were "frivolous" and constituted "recklessness."

  • February 12, 2024

    Trucker Tracking Startup Delivers Patent Feud To ITC

    The U.S. International Trade Commission said Monday that it is soliciting feedback on a legal effort by a San Francisco startup that sells trackers to trucking companies to employ the agency in its patent infringement campaign against a local rival that sells similar devices.

  • February 12, 2024

    Google Says AI Data-Scraping Suit Still Doesn't Hold Up

    Google has once again asked a California federal judge to throw out, for good this time, a proposed class action claiming it steals private and copyrighted information from Americans to train its artificial intelligence chatbot, arguing consumers "have only made things worse" in the latest version of their complaint.

  • February 12, 2024

    Amazon Settles IP Suit Over Warehouse Robotics

    Amazon.com Inc. and an augmented reality company have agreed to settle a legal dispute over technology used for warehouse robotics, according to a magistrate judge's order Friday ending a federal lawsuit in Texas.

  • February 12, 2024

    Roddy Ricch's Song 'The Box' Didn't Copy 1975 Tune, Judge Finds

    A New York federal judge has thrown out a lawsuit claiming a 2019 song by musician Roddy Ricch ripped off a song from nearly 50 years ago, saying "no reasonable jury could find that the works are substantially similar" under the right legal test.

  • February 12, 2024

    Squishmallows Battle Skoosherz In Plushie IP Suits

    The Build-A-Bear Workshop toy company and Kelly Toys Holdings filed competing federal lawsuits against each other Monday, with Build-A-Bear seeking a judgment in Missouri that its Skoosherz stuffed toys do not infringe trade dress rights claimed by Kelly's popular Squishmallows, while Kelly Toys' California suit alleges trade dress and copyright infringement.

  • February 12, 2024

    Apple, Rivos On The Way To A Deal In Trade Secrets Fight

    Apple has reached an agreement potentially resolving its claims that startup chipmaker Rivos poached engineers and directed them to steal the tech giant's trade secrets, telling a California federal judge the deal would allow Apple to conduct a forensic examination of Rivos' systems.

  • February 12, 2024

    Gilstrap Changes Mind, Delays Netlist Trial For PTAB Order

    U.S. District Judge Rodney Gilstrap changed his mind Saturday about allowing Netlist's infringement trial against Micron to proceed before the Patent Trial and Appeal Board's review of two patents-in-suit concludes in April, noting that on further consideration, doing so would pose a risk of inefficiently spending limited judicial resources.

  • February 12, 2024

    NY Judge Keeps Navy Contract Trade Secrets Suit Alive

    A New York federal judge partially upheld a trade secrets case against L3 Harris Cincinnati Electronics Corp., finding that BAE Systems plausibly alleged that it was cut out of a government contract for naval defense technology after sharing its proprietary information.

  • February 12, 2024

    Fed. Circ. Upholds PTAB's Trim Of Cooling Patent

    The Federal Circuit has backed a Patent Trial and Appeal Board decision that a computer hardware company's patent claims covering cooling computers are not valid, the latest event in a fight that involved both a patent challenger and the U.S. Patent and Trademark Office.

  • February 12, 2024

    Fla. Van Gogh Café Sued Over Artist's Name In Tea Products

    A Van Gogh exhibition has urged a New York federal judge to issue a declaration that it is not infringing a Florida café's trademark for a tea product in the artist's name, saying in a lawsuit that the business' rights are weak and consumers are unlikely to be confused.

  • February 12, 2024

    Investigator's Atty Wants Mogul Sanctioned In Hacking Suit

    A North Carolina attorney is pressing a federal court to impose a nearly $120,000 sanction for documents demanded of him by an airline tycoon in his hacking lawsuit, arguing the production request was an "undue burden" with an "exorbitant" financial cost.

  • February 12, 2024

    Fish & Richardson Launches Life Sciences Group

    Fish & Richardson PC announced Monday it has kicked off a 140-attorney life sciences industry team led by principals Martina Hufnal and Todd Garcia.

  • February 12, 2024

    Colo. Personal Injury Firm Ditches TM Suit Against Texas Firm

    A prominent Denver personal injury firm has dropped its suit against a Texas rival for allegedly violating a trademark territory agreement, according to an order approved last week by a Colorado state judge.

  • February 12, 2024

    Sazerac Hits Rival With TM Suit Over Coffee-Flavored Vodka

    Alcoholic spirits giant Sazerac Brands LLC hit a Milwaukee-based liquor company with a trademark infringement lawsuit over the branding of coffee-flavored vodka, saying the liquor was sold under its "Grind" mark without authorization.

  • February 12, 2024

    USPTO Says AI-Assisted Invention Patents Hinge On Humans

    The U.S. Patent and Trademark Office on Monday issued guidance on how it will determine whether inventions developed with the assistance of artificial intelligence can be patented, explaining that a human must have made a "significant contribution."

  • February 12, 2024

    Newman Cleared To Fight Law In DC, But Not Suspension

    U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.

  • February 09, 2024

    Apple, Sentius End 'Red Squiggly' Line Patent Dispute

    Sentius International LLC has dropped its lawsuit alleging Apple Inc. infringed its patents concerning the "red squiggly" line spell-check feature in iPhones and MacBooks, according to a joint stipulation filed Friday in California federal court.

  • February 09, 2024

    Authors Say OpenAI Is Playing 2 Courts Against Each Other

    A group of writers suing OpenAI over copyright infringement allegations is accusing the Microsoft-backed startup of "forum shopping for the most favorable schedule," and is asking a federal judge in California to stop the company from trying to litigate a similar suit in New York federal court just because its lawyers made some deals to get a better timetable there. 

  • February 09, 2024

    Chanel Wins $4M Verdict Against NYC Luxury Reseller

    A jury in the Southern District of New York has ordered a luxury reseller to pay Chanel Inc. $4 million for selling unauthorized handbags, following an 18-day trial in Manhattan.

  • February 09, 2024

    Avery Dennison Won't Get New Trial After RFID Patent Loss

    An Oregon federal magistrate judge refused Friday to grant a new trial for Avery Dennison after a jury found it had infringed Adasa's patent on radio frequency identification tags, rejecting a laundry list of issues Avery Dennison outlined regarding the July trial.

  • February 09, 2024

    Philip Morris PTAB Win Overturned At Fed. Circ.

    The Federal Circuit issued a precedential ruling on Friday that overturned a patent board finding that two claims in a patent owned a R.J. Reynolds subsidiary did not do what it described, a week after Reynolds' parent company privately settled its legal fight with Philip Morris over competing tobacco and vape products.

  • February 09, 2024

    Fed. Circ. Affirms Alice Rejection Of Financial Trading Patent

    The Federal Circuit has backed the U.S. Patent and Trademark Office's decision to reject an application for a patent on electronic trading of financial instruments, affirming a finding that the patent didn't actually cover something patentable.

Expert Analysis

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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Lessons From Country Singer's Personal Service Saga

    Author Photo

    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • 9 Contractual Issues Tech Startups Should Be Wary Of

    Author Photo

    Technology startups often overlook relatively simple but crucial contracting steps that are essential to owning and protecting their intellectual property, and the consequences of this will almost always surface at some point, typically in connection with a key investment or other significant transaction involving the business, say attorneys at Mayer Brown.

  • 5 AI Risks For Corporate Boards To Examine

    Author Photo

    Whether companies are building their own artificial intelligence technology or leveraging third-party tools, their directors should get educated on certain legal issues and business risks to ensure the adoption of policies that foster responsible use of generative AI, say James Gatto and Tiana Garbett at Sheppard Mullin.

  • What To Keep Tabs On In The NIL Arena This Year

    Author Photo

    The past year brought significant developments to name, image and likeness in the realm of college sports, making it increasingly important for lawyers to be well-versed in contracts, intellectual property and litigation as the new year unfolds, says Janet Moreira at Caldera Law.

  • Patent Prosecution Carries Consequences For Later Litigation

    Author Photo

    The Federal Circuit's recent Mylan v. Actelon holding, along with three other 2023 decisions, underscores the continued need for patent prosecutors to make note of potential claim construction issues that may arise in subsequent litigation, says Steven Wood at Hunton.

  • 10 Global Antitrust Trends To Anticipate In 2024

    Author Photo

    Proactive navigation of the antitrust enforcement environment remains crucial this year as legal policy and tools evolve to meet intensifying global economic complexity, including geopolitical tensions, trade realignment, market volatility and inflation, say attorneys at Freshfields.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Intellectual Property archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!