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June 02, 2025
Allergan Entities Get Booted From Botox Patent Suit In Del.
A Delaware federal judge has dismissed a pair of Allergan units from a suit alleging two biotechnology companies infringed patents related to Botox products, finding one unit had not shown it was actually the exclusive licensee to the disputed patents, while another agreed to be dismissed.
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June 02, 2025
Tech, Privacy Atty Returns To Weil After Stint At Cooley
Weil Gotshal & Manges LLP announced Monday it has rehired a privacy and cybersecurity attorney from Cooley LLP as a partner, touting her expertise with technologies like artificial intelligence.
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June 02, 2025
Womble Bond Atty Asks 4th Circ. To Undo Contempt Order
A series of federal court errors led to a Womble Bond Dickinson partner being wrongly held in contempt over a $28 million trademark dispute between a Dutch technology company and its former U.S. partner, the lawyer told the Fourth Circuit in a brief Friday, urging the appeals panel to reverse the order.
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June 02, 2025
Class Action Seeks Compensation For High School Athletes
The yearslong battle for college athletes to earn compensation for their labor and likeness rights has trickled down to the high school ranks, with a new proposed class action targeting a slew of monetary restrictions imposed by California's high school sports governing body.
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June 02, 2025
Defamation Litigation Roundup: Cheetos, NASCAR, OpenAI
In this month's review of ongoing defamation fights, Law360 looks back on developments in a man's case against Frito-Lay Inc. over what he called the company's defamatory statements disputing his role in the invention of a flavor of Cheetos.
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June 02, 2025
Justices Seek US Opinion In Jewish Texts Expropriation Suit
The U.S. Supreme Court on Monday requested the federal government to weigh in on a petition challenging a D.C. Circuit ruling concluding that federal courts do not have jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts.
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June 02, 2025
High Court Rejects Bard Patent Misuse Dispute
The U.S. Supreme Court on Monday said it won't consider the Ninth Circuit's decision to revive a $53 million breach of contract suit C.R. Bard Inc. filed against Atrium Medical Corp. over patent royalties and patent misuse.
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June 02, 2025
Justices Won't Consider Overturned $10M Ruling In Toyo Case
The U.S. Supreme Court on Monday rejected Atturo Tire Corp.'s request to have the Illinois Supreme Court review a Federal Circuit decision that discarded a $10 million award against Toyo Tire Corp. for interfering with Atturo's business through patent settlements with other companies.
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May 30, 2025
ITC Ends Ericsson, Motorola Patent Fight After Settlement
The U.S. International Trade Commission has agreed to drop an investigation into allegations that Motorola infringed patents owned by Swedish telecom giant Ericsson with its mobile phones after the companies settled their dispute.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Taylor Swift Says She Bought Masters Of Her First Albums
Taylor Swift said Friday she is now the owner of the master recordings of all her music, after a yearslong public dispute with music industry executive Scooter Braun that led her to re-record four of her albums.
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May 30, 2025
Solar Energy Co. Hits Ex-Employees With Trade Secrets Suit
A solar energy company has sued four former employees in New Jersey federal court, claiming one of them altered his name to conceal criminal history, then left to start a competing company, and that three others aided him in taking trade secrets on his way out.
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May 30, 2025
ITC Issues Import Block On Ascletis Liver Disease Drugs
The U.S. International Trade Commission has issued an order blocking a Hong Kong-listed drug developer from importing treatments for a type of liver disease for the next seven years.
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May 30, 2025
'Spinning Wheels': Judge Laments 'No Progress' In Meta Case
A California federal judge indicated Friday that she'd order a Chinese information company to pay Meta's contempt motion fees after it failed to pay a $5.5 million default judgment for cybersquatting, but she complained that all involved are "spinning wheels here and spending attorneys fees and making no progress at all."
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May 30, 2025
USPTO Rule To Allow For Protection Of Int'l Trademarks
The U.S. Patent and Trademark Office said Friday that it's setting a rule that will allow for trademark owners to partially extend registrations, bringing the agency into compliance with a treaty that allows trademark owners to register in multiple countries.
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May 30, 2025
Radar Co. Saves Trade Secret Claims In Suit Against Ex-Exec
A Washington federal judge has preserved a radar company's claims that a former executive stole confidential information as he left to start his own company, while dismissing other breach of contract claims against the executive and another former employee.
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May 30, 2025
Texas Law Firm Beats Atty's Suit Over Stock Redemption
A Texas state appeals court has upheld Friedman Suder & Cooke PC's win in its decade-long dispute with a former shareholder over the redemption of his shares when he was let go, affirming a trial court ruling declaring the redemption "effective and operative."
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May 30, 2025
Trump Opposes Quick Ruling In Copyright Chief's Firing Suit
The Trump administration on Friday asked a D.C. federal judge to deny Shira Perlmutter's request for expedited briefing in her lawsuit challenging her firing as head of the U.S. Copyright Office, saying she has not shown there is an urgency to resolve the matter.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
AstraZeneca Inks $51.4M Settlement In Pay-For-Delay Case
AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC have agreed to shell out a combined $51.4 million to put to rest allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic drug Seroquel XR, according to a filing Thursday in Delaware federal court.
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May 29, 2025
Samsung Ends Smartwatch IP Fight With Researchers
Samsung asked a Texas federal judge to permanently dismiss its patent dispute with a group of academic research institutions over claims that the company's Galaxy smartwatches rely on their algorithms to detect irregular heartbeats and measure other physiological health markers, according to a joint motion filed Wednesday.
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May 29, 2025
Judge Finds Epic Verdict Means One Patent Claim Invalid
A Washington federal judge has found that part of a jury's decision clearing Epic Games Inc. of patent infringement through its Fortnite game platform meant that one of the claims in the patent wasn't patent eligible.
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May 29, 2025
​​​​​​​Netflix's 'Broad' IP Claims Against Broadcom Face Skepticism
A California federal judge appeared open Thursday to tossing some claims in Netflix's lawsuit accusing Broadcom of ripping off five software patents, repeatedly questioning how Netflix's patents improve technology and calling certain terms "incredibly broad and undefined," while also observing that Netflix's willful infringement claim may amount to "good lawyering."
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May 29, 2025
Atty Urges 2nd Circ. To Resurrect Name Feud With Ex-Firm
A lawyer has asked the Second Circuit to revive claims against his former firm, which he alleges used his name and likeness after he was fired, saying a judge's dismissal of those claims ignored the harm he personally suffered and the requirements of the Lanham Act.
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May 29, 2025
Ex-Copyright Chief Wants Fast Ruling In Trump Firing Dispute
The fired director of the U.S. Copyright Office asked a D.C. federal court Thursday for expedited briefing in her lawsuit challenging her termination by the Trump administration, saying there is "a pressing need" to resolve the matter quickly.
Expert Analysis
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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AI Use Of Hollywood Works: The Case For Statutory Licensing
Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.
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Keys To Handling Digital Investigations In Pharma IP Litigation
In the high-stakes realm of pharmaceutical intellectual property litigation, efficient e-discovery and digital investigation workflows are essential to supporting strategic arguments, building defensible cases and proving that the requirements for market entry have been adequately met, says Jerry Lay at FTI Consulting.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Fed. Circ. In March: Forfeiting Claim Construction On Appeal
The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Unpacking USPTO Foreign Fraudulent Trademark Crackdown
The recent show cause order issued by the U.S. Patent and Trademark Office to Shenzhen Seller Growth Network Technology Co. Ltd. and its affiliates could lead to the cancellation of approximately 42,000 trademark registrations, highlighting the necessity of heightened vigilance in vetting foreign trademark filings, says Judy Yen at Omnus Law.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.