Intellectual Property

  • February 12, 2025

    Albertsons To Face Reduced Claims Over Tech Theft

    A Washington federal judge has cleared software company Replenium Inc. to pursue trade secret and promissory estoppel claims against Albertsons, finding it plausibly alleged the grocer misused confidential information from their software partnership to build a competing auto-replenishment platform.

  • February 12, 2025

    Fried Frank Faces Sanctions Bid Over RICO Suit

    Fried Frank Harris Shriver & Jacobson LLP and its client, Tristar Products Inc., are facing a sanctions bid for bringing a RICO lawsuit against Telebrands Corp., with the defendant saying the complaint makes the company and its attorney seem like "alleged criminal masterminds."

  • February 11, 2025

    Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk

    President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.

  • February 11, 2025

    Medtronic, Axonics Agree To End Bladder Control Patent Fight

    A California federal judge on Tuesday agreed to permanently dismiss Medtronic's long-running dispute accusing Axonics of infringing its patents related to its bladder and bowel control device, three months after Medtronic sought a new trial in the case following a verdict where a federal jury found no infringement by Axonics.

  • February 11, 2025

    High Court Urged To Skip Amazon Patent Program Fight

    A maker of electric outlet covers has told the U.S. Supreme Court that a jurisdictional victory it scored last year at the Federal Circuit over patent infringement allegations initially brought through Amazon's patent evaluation program was "unremarkable" and should not be considered further.

  • February 11, 2025

    Teva Says Mixed Coreg Rulings Undermine GSK Damages Bid

    Teva Pharmaceuticals has urged a Delaware federal judge to reject GlaxoSmithKline's request to enhance a $235 million infringement award over a skinny label version of GSK's cardiovascular drug Coreg, saying judges at all levels of courts made clear the case wasn't open and shut.

  • February 11, 2025

    GOP Reps. Reintroduce Litigation Funding Disclosures Bill

    Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.

  • February 11, 2025

    Logan Paul Co. Won't Fight Messi's Absence In Drink IP Suit

    Logan Paul's company told a New York federal judge it won't object to Lionel Messi's absence in an upcoming settlement conference in a trademark dispute due to the soccer legend's unavailability, after Messi's counsel claimed Monday the demand for the athlete's attendance appears to be designed "solely to harass" him.

  • February 11, 2025

    Patent Attys Can Be Liable For Fees Too, Justices Told

    The tech and retail industries are endorsing an effort by Dish Network aiming to persuade the U.S. Supreme Court to potentially expand the personal liability of lawyers who file failed patent cases that are found to be "exceptional" by the courts. 

  • February 11, 2025

    GoPro Foe Close To Scoring Camera Infringement Ruling

    Ahead of a hearing Wednesday in a patent case facing GoPro Inc., a California federal judge says he's "inclined" to rule that a number of the company's cameras infringe a claim in a patent that was revived by the Federal Circuit last year.

  • February 11, 2025

    Chinese Co. Must Clarify Trade Secret Claims Against TikTok

    A Chinese company suing TikTok for allegedly stealing proprietary information to develop a video-editing tool must provide more information about the trade secrets and copyrights claimed in its suit so that TikTok can prepare its defenses, a special master appointed to the case has ordered.

  • February 11, 2025

    What Judges Want You To Know: Litigate Smarter

    Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the second installment of a two-part series, Law360 has pulled together advice from over the last few years that remains as relevant as ever.

  • February 11, 2025

    FanDuel, DraftKings Hit With Patent Suits From WinView

    FanDuel and DraftKings were accused in New Jersey federal court of willfully infringing nine WinView IP Holdings patents covering online and mobile gambling despite the company's offers for collaboration.

  • February 11, 2025

    MSN Urges Fed. Circ. To Reinvalidate Novartis' Entresto IP

    A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeking a rehearing.

  • February 11, 2025

    Peet's Coffee, Splenda Maker Settle Sweetener TM Row

    Peet's Coffee Inc. and Splenda maker Heartland Consumer Products LLC said Tuesday they have agreed to settle a trademark dispute over the coffee retailer's alleged use of Splenda labels to identify non-Splenda sweeteners, according to a one-page order in California federal court.

  • February 11, 2025

    Judge OKs Quick End To 'Moms Who Puck' TM Lawsuit

    A Connecticut federal judge has approved the dismissal of a trademark lawsuit brought by a professional women's hockey player against two retired teammates over the name of their podcast, "Moms Who Puck," about two weeks after the parties agreed to end the litigation.

  • February 11, 2025

    Botkin Chiarello Adds Litigator From Cleveland Krist

    Botkin Chiarello Calaf PLLC — an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling — has welcomed a litigator from Cleveland Krist PLLC.

  • February 11, 2025

    Fed. Circ. Revives Patent Suit Against Groupon

    A Patent Trial and Appeal Board ruling that invalidates some claims of a patent does not prevent the patent owner from asserting different claims in court, the Federal Circuit has ruled, finding that a lower court wrongly dismissed a patent suit against Groupon Inc.

  • February 11, 2025

    Starbucks Fights Fla. Defamation Suit Over Atty's Statements

    Coffee giant Starbucks Corp. wants out of a lawsuit brought by a patent-licensing company executive's defamation lawsuit, arguing its attorney was not speaking for the company when she made allegedly defamatory statements in an October news article.

  • February 11, 2025

    Judge Backs Thomson Reuters In 1st AI Ruling On Fair Use

    Tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, a Delaware federal court said Tuesday in a highly anticipated opinion that is the first to rule on whether infringement in AI training is protected by fair use.

  • February 11, 2025

    Automakers Lose Fight To Block Mass. 'Right To Repair' Law

    A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.

  • February 10, 2025

    AI Copyright Plaintiffs Say Google Is Raising 'Marginal issues'

    Artists and authors suing over how Google trains its artificial intelligence software say that the tech giant is disputing "marginal issues" that other tech giants facing similar copyright lawsuits over similar technology haven't brought up.

  • February 10, 2025

    What Judges Want You To Know: You Can't Fool The Court

    Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the first installment of a two-part series, Law360 has pulled together advice over the last few years that remains as relevant as ever. 

  • February 10, 2025

    Models Say Atlanta Bar Ripped Off Images For Promo Nights

    An Atlanta bar was accused Monday of ripping off the likenesses in its ads of five Los Angeles-based models who are represented by a firm that has taken establishments around the country to court on similar Lanham Act claims.

  • February 10, 2025

    Judge Refuses To Certify '70s Rockers' Royalty Class Action

    A Tennessee federal judge on Monday denied class certification in a breach of contract lawsuit by two members of the 1970s pop-rock band Orleans, John Hall and Lance Hoppen, who accused Warner Music Group Corp. and subsidiary Elektra Entertainment of underpaying foreign digital streaming royalties.

Expert Analysis

  • IP, Licensing, M&A Trends To Watch In Life Sciences This Year

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    2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • Fed. Circ. Inherency Ruling Refines Obviousness Framework

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    The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • Lessons From The Pharma Industry On Patent Cliffs

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    In the next five years, patents for drugs that have generated billions in global sales are set to expire, and companies that view this imminent patent cliff as an opportunity for strategic renewal rather than a challenge will be best positioned to maintain market leadership, says Keegan Caldwell at Caldwell Law.

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