Intellectual Property

  • 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.

  • February 08, 2024

    These Firms Are Leading In Patent Litigation Work

    A Houston-based intellectual property firm filed the most patent suits over the last three years in the U.S., while a well-established boutique again took the top spot as the firm defending the most patent litigation during the same period, according to a new Lex Machina report.

  • February 08, 2024

    These Firms Are Leading In PTAB Work

    An intellectual property heavyweight landed more work at the Patent Trial and Appeal Board than any other firm in the U.S. between 2021 and 2023, according to a new report.

Expert Analysis

  • Medtronic's Cautionary Tale Of Fed. Circ. Word Limits

    Author Photo

    The Federal Circuit's ruling in Medtronic v. Teleflex that Medtronic waived an argument that it had sought to incorporate by reference illustrates the pitfalls facing parties in complex patent cases involving numerous issues that cannot all be addressed within the strict word limits for appellate briefs, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • What One Litigator Learned Serving On A Jury

    Author Photo

    Kilpatrick attorney April Isaacson shares insights for trial lawyers from her recent experience serving on a jury for the first time, including lessons about the impact of frequent sidebars, considerations for using demonstratives, the importance of clear jury instructions, and the unconscious habits that can drive jurors mad.

  • Lessons In Navigating Collateral Estoppel Of Similar Patents

    Author Photo

    The Patent Trial and Appeal Board's recent holding in Google v. Parus that rehearing was appropriate under collateral estoppel illustrates best arguments in inter partes review for any issue that could arise in a later proceeding, including dependent claim limitations, say attorneys at Akin.

  • Fed. Circ. Ruling Seemingly Offers PTAB Deadline Immunity

    Author Photo

    The Federal Circuit's recent Purdue Pharma v. Collegium Pharmaceutical Inc. decision that the Patent Trial and Appeal Board had authority to issue a final written decision in a post grant review after the prescribed statutory deadline underscores how courts should consider the overall objective of the statutory scheme when balancing the classic conflict between bright-line rules and flexible standards, says Matthew Dowd at Dowd Sheffel.

  • 4 Legal Ethics Considerations For The New Year

    Author Photo

    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What Brands Need To Know About Consumer Reviews In 2024

    Author Photo

    Testimonials, endorsements and consumer reviews have been on the Federal Trade Commission's radar for years — and since this evolving area will continue to be an enforcement priority in 2024, now is the time to ensure your house is in order, say attorneys at Crowell & Moring.

  • Opinion

    Waiving COVID-19 IP Protections Would Harm US Industry

    Author Photo

    President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.

  • Fed. Circ. Patent Decisions In 2023: An Empirical Review

    Author Photo

    The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.

  • What The Law Firm Of The Future Will Look Like

    Author Photo

    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

    Author Photo

    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Trouble Indemnity: IP Lawsuits In The Generative AI Boom

    Author Photo

    Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.

  • 6 AI Cases And What They Mean For Copyright Law

    Author Photo

    Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

  • Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

    Author Photo

    A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

  • How AI Is Changing The Game Of Professional Sports

    Author Photo

    As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.

  • Trending At The PTAB: 6 Areas To Watch In 2024

    Author Photo

    Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.

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!