Intellectual Property

  • February 07, 2024

    Judge Newman's Options Dwindle After Suspension Is Upheld

    Following Wednesday's decision by the national panel that reviews judicial misconduct cases upholding Federal Circuit Judge Pauline Newman's suspension, she faces a difficult path to getting reinstated without complying with an investigation into her mental fitness, experts say.

  • February 07, 2024

    EDTX Eclipses WDTX As Top Patent Venue

    The Eastern District of Texas in 2023 surpassed the state's Western District as the most popular venue for patent litigation nationally, now that patent cases are no longer automatically assigned to a prominent judge in Waco, according to new data from Lex Machina.

  • February 07, 2024

    PTAB Filings Drop Alongside Declining Patent Litigation

    The number of America Invents Act petitions filed at the Patent Trial and Appeal Board decreased in 2023, according to a new report from Lex Machina — a dip that attorneys attribute to an overall drop in patent litigation. 

  • February 07, 2024

    New Patent Suits Fall To Lowest Level In Over A Decade

    There were fewer patent suits filed in 2023 than in any year for over a decade, a drop that attorneys attribute to wariness among some patent litigants due to funding disclosure rules in one prominent patent venue and changes in how cases are assigned to judges in another.

  • February 07, 2024

    Dish's Bid For More Fees Called 'Nightmare' By Fed. Circ. Judge

    A Federal Circuit judge told counsel for Dish Network LLC on Wednesday that to secure more fees after the cable giant defeated a patent case in district court that was found to be "exceptional" to cover the costs of challenging the patent at the patent board would create "an effing nightmare."

  • February 07, 2024

    Fed. Circ. Panel Questions GoPro On Camera Patent Defense

    A Federal Circuit panel on Wednesday told an attorney for GoPro that the company's argument in the ongoing camera patent suit was similar to an obviousness defense that had already failed years ago in front of the Patent Trial and Appeal Board.

  • February 07, 2024

    Ex-Apple Engineer Gets 4 Months For Self-Driving Car IP Theft

    A California federal judge sentenced a former Apple engineer to nearly four months in prison after he pled guilty to stealing trade secrets while working on the company's self-driving car, saying the engineer should serve time in a minimum-security facility for the nonviolent offense.

  • February 07, 2024

    Longford Argues Patent Settlement Row Must Be Arbitrated

    Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.

  • February 07, 2024

    Video Game Effects Co. Ends Patent Suit With Ubisoft

    A Texas video game developer told a North Carolina federal court Tuesday it has agreed to end a lawsuit accusing French company Ubisoft of infringing a pair of patents, about a year after the patent owner lost an appeal in a similar case against Activision Blizzard.

  • February 07, 2024

    DraftKings Fight With Ex-Exec Intensifies Amid Dueling Filings

    DraftKings is arguing that one of its former executives who left to join rival Fanatics must have his lawsuit over noncompete agreements heard in California federal court, not state court, saying he went to great lengths to defraud the court into thinking diversity jurisdiction doesn't apply.

  • February 07, 2024

    Mich. Judge Rips Romantics Singer For Copying Trial Brief

    A founding member of the Romantics will likely have a tough time regaining control of the band's finances after a Michigan appellate judge said Wednesday he couldn't condone the "incompetence" of the musician's trial attorneys, who filed a brief that was a copy of the opposing side's argument. 

  • February 07, 2024

    Chemists Settle Suit Over CBD Refining Method

    Two chemists who claim to have developed a technique for turning CBD into a substance 10 times more valuable and the Utah-based cannabis company that hired them have agreed to settle claims that they were each defrauded by the other party, according to a notice filed in Colorado federal court.

  • February 07, 2024

    Pfizer, Moderna Spar Over Trial Date In COVID Vaccine IP Case

    Moderna and Pfizer are battling over setting a trial date in a dispute in Massachusetts federal court over COVID-19 vaccine patent infringement claims, with Pfizer looking to schedule a trial after summary judgment motions are decided, while Moderna is arguing a firm trial date is needed now and should be set for this fall.

  • February 07, 2024

    Fed. Circ. Gives Google New Shot To Ax Thermostat Patent

    The Federal Circuit ruled Wednesday that the Patent Trial and Appeal Board wrongly upheld claims in a patent owned by a smart-home energy startup called EcoFactor, handing a win to challengers Google and ecobee Inc.

  • February 07, 2024

    Senate Dems Push Biden To Boost Export Control Funding

    Democratic lawmakers from the Senate Banking Committee urged President Joe Biden to increase funding for export control enforcement in his upcoming budget request for fiscal year 2025, stressing the importance export controls have had on addressing national security risks.

  • February 07, 2024

    AI Co. Can't Bring Job Postings IP Suit In Calif., Judge Says

    A California federal judge has tossed a copyright complaint from a company that accused a Colorado-based competitor of stealing its artificial intelligence-driven job postings database, saying the plaintiff has not shown its rival's alleged conduct is meaningfully connected to the Golden State.

  • February 07, 2024

    Ward & Smith Nabs $170K Fee In NC Trade Secrets Fight

    North Carolina's business court awarded Ward & Smith PA nearly $170,000 in fees for representing medical equipment providers in a trade secrets fight, finding its attorneys' rates were reasonable but shaving about $20,000 off their original request for lumping hours together on timesheets.

  • February 08, 2024

    CORRECTED: Atty Stuck With Sanctions In Trade Secrets Feud

    A California federal judge has hit a CDF Labor Law LLP attorney with sanctions after finding that he recklessly questioned a former Individual Food Service employee about approaching the company's CEO concerning a settlement despite objections to entering text messages to the CEO into evidence, but determined she would hold off on deciding the amount until later in the case.

  • February 07, 2024

    Engineer Charged With Stealing Missile Detection Designs

    An engineer who worked at an unnamed Malibu, California-based technology company stole trade secrets regarding nuclear missile detection after previously seeking to aid Chinese military research, the U.S. Department of Justice alleged in a criminal complaint unsealed Wednesday.

  • February 07, 2024

    Baker Botts Gains IP Litigators In Houston, SF From Orrick

    Baker Botts LLP announced Wednesday that it has fortified its intellectual property department with patent litigators in Houston and San Francisco, both of whom are joining from Orrick Herrington & Sutcliffe LLP.

  • February 07, 2024

    Naked Wolfe Owner Says Schuh, Simmi Copied Shoe Designs

    The owner of the Naked Wolfe brand has accused two online footwear retailers of design and copyright infringement, alleging that they "slavishly copied" its chunky boot designs.

  • February 07, 2024

    Judge Newman's Suspension Upheld By US Panel

    The national panel that reviews judicial misconduct cases on Wednesday affirmed Federal Circuit Judge Pauline Newman's suspension for refusing to undergo medical tests as part of a probe into her mental fitness, saying she hadn't shown good cause for not complying.

  • February 06, 2024

    Charts May Not Be Greatly Similar In IP Case, Judge Says

    A federal magistrate judge said he was not convinced that a Washington software company's managing chart was "strikingly similar" to a chart created by a management consultant who has accused the software firm of infringement, questioning Tuesday if there was enough to show that the defendants had direct access to the protected chart.

  • February 06, 2024

    USPTO Promises Guidance On Atty Use Of AI Tools

    U.S. Patent and Trademark Office Director Kathi Vidal issued a memorandum on Tuesday saying the agency's existing mechanisms are adequate to tackle attorney conduct — and misconduct — related to the use of artificial intelligence tools, but promised to provide more guidance in the next few months.

  • February 06, 2024

    Pacira Touts Stability Upgrade In Pain Drug Patent Trial

    A novel manufacturing process that extends the shelf life of the pain reliever Exparel should extend the exclusivity period of the product's patent, Pacira BioSciences Inc. has told a New Jersey judge tasked with weighing infringement claims against generic-drug maker eVenus.

Expert Analysis

  • AI In IP Law: The Top Guest Articles Of 2023

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    Keeping up with generative artificial intelligence was the name of the game for intellectual property lawyers in 2023 as the government worked to determine whether AI-generated output is protectable under the law and guest writers assessed the technology's risks and rewards.

  • The Most-Read IP Law360 Guest Articles Of 2023

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    U.S. Patent and Trademark Office incentives and restrictions, Federal Circuit decisions on exact meaning, and lessons from the comedic whodunit “Glass Onion: A Knives Out Mystery” were among popular intellectual property topics guest authors tackled this year.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Inside Higher Education's New FCA Liability Challenges

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    As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • Reviewing 2023's Global AI Landscape Across Practice Areas

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    2023 stands out as a landmark year for artificial intelligence, both domestically and internationally, so legal professionals should brace for an increasingly complex future shaped by AI's integration into a multitude of sectors, including intellectual property, data privacy and cybersecurity, and ethics, say Fran Faircloth and May Yang at Ropes & Gray.

  • 2024 Trends To Watch As AI And IP Litigation Intersect

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    Just as generative artificial intelligence tools have proven unpredictable, the resulting legal disputes may also hold a few surprises in store for 2024, as intellectual property litigation related to AI inputs, outputs and the tools themselves takes shape, say Philip Warrick and Chengming Liu at Irell & Manella.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • The Year In FRAND: What To Know Heading Into 2024

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    In 2023, there were eight significant developments concerning the fair, reasonable and nondiscriminatory patent licensing regime that undergirds technical standardization, say Tom Millikan and Kevin Zeck at Perkins Coie.

  • 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.

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