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June 03, 2025
Akoustis' Appeal Of $39M IP Verdict Dropped After Bankruptcy
Radio frequency filter firm Akoustis Technologies has agreed to drop an appeal of a jury's $39 million patent infringement and trade secrets misappropriation verdict in favor of Qorvo Inc. that drove it to file for Chapter 11 bankruptcy in December.
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June 03, 2025
Ex-Copyright Chief Can't Get Fast Ruling In Firing Suit
The former head of the U.S. Copyright Office can't fast-track a lawsuit contesting her firing by President Donald Trump, a D.C. federal judge said Tuesday.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 02, 2025
Crowell & Moring Opens In Boston With Faber Daeufer Tie-Up
Crowell & Moring LLP and Faber Daeufer & Itrato PC announced Tuesday they have combined, allowing Crowell & Moring to open an office in Boston that builds on Faber Daeufer's strong presence in the city's life sciences community.
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June 02, 2025
J&J Unit May Owe Around $125M Over AI Tissue Imaging Deal
A New York federal judge ruled Friday that J&J unit Ethicon Inc. owes a termination fee of $40 million plus intellectual property impairment damages in the neighborhood of $85 million to ChemImage Corp. after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques.
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June 02, 2025
Fed. Circ. Asks Whether Trade Secrets Were Secret Enough
The Federal Circuit set out Monday to determine whether an Ohio federal judge was right or wrong to throw out a $64 million jury verdict finding that Goodyear Tire & Rubber Co. stole an inventor's ideas for self-inflating tires because the trade secrets were too vague to have gone to a jury.
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June 02, 2025
Fed. Circ. Skeptical Applicant-Admitted Art Requires Expert
Shockwave Medical Inc. didn't find enthusiastic support at the Federal Circuit on Monday as its attorney argued that applicant admitted prior art had to be coupled with expert testimony at the Patent Trial and Appeal Board.
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June 02, 2025
A Jury Says Fortress Controls VLSI. What Now?
A Texas federal jury has concluded that Fortress Investment Group controls VLSI Technology, which could be a game-changing step in the patent company's multibillion-dollar patent fight with Intel. Here's how the jury's narrow finding could play into the widespread litigation.
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June 02, 2025
Eminem Publisher Sues Meta Over 'Rampant' Infringement
Eminem's music publisher filed suit Friday to take a stand against Meta's alleged "rampant" infringement of the rapper's songs, telling a Detroit federal court that the social media giant has been storing, distributing and encouraging the use of Eminem's songs despite knowing it lacked a license to do so.
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June 02, 2025
Chinese Rival Shouldn't Get Code Docs, Micron Tells Justices
Micron Technology Inc. is asking the U.S. Supreme Court to block a Chinese semiconductor competitor from accessing paper copies of sensitive source code during patent infringement litigation, asserting in a petition that a lower court "ignored completely the national-security concerns tied up" in the dispute.
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June 02, 2025
Judge Allows Obviousness Defense At Bladder Drug Retrial
A Delaware federal judge has released two makers of generic bladder drugs from a stipulation that barred them from arguing patents held by rival Astellas Pharma Inc. are invalid for obviousness, since two other generic-drug makers targeted in the consolidated litigation could make the same argument at a bench trial later this year.
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June 02, 2025
SAP Seeks High Court Review Of Revived Tying Claims
German software giant SAP on Monday asked the U.S. Supreme Court to look at a Ninth Circuit decision that resuscitated tying claims brought by U.S. rival Teradata, saying the issue of antitrust liability badly needs the court's attention in matters relating to modern, technologically integrated products.
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June 02, 2025
Pepperdine Says Netflix Can't Dodge 'Running Point' TM Suit
Pepperdine University has urged a California federal court to reject an attempt to toss its trademark lawsuit over the TV series "Running Point" from Netflix and Warner Bros. Entertainment Inc., saying its complaint demonstrates that the branding for the show's fictional basketball team is identical to Pepperdine's "Waves" team.
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June 02, 2025
Perplexity AI Gets Cybersquatting Cut From Texas Co. TM Suit
A California federal judge Monday trimmed a cybersquatting claim from a Texas software company's trademark infringement suit against San Francisco-based Perplexity AI Inc., saying an alleged offer from the San Francisco artificial intelligence company to buy the trademark doesn't show the "bad faith" the claim requires.
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June 02, 2025
Judge Denies UTC Bid To Block Liquidia's Lung Drug
A North Carolina federal judge has refused to temporarily block Liquidia Technologies Inc. from selling its own version of United Therapeutics Corp.'s blockbuster lung disease treatment Tyvaso.
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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.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Patent Prosecution Length Affects Infringement Findings
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.