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  • May 05, 2025

    PTAB Says It's Bedtime For Sleep Apnea Patent Claims

    Patent board judges have decided to wipe out all the claims in a patent covering a method to treat sleep apnea, which were challenged by a San Diego sleep apnea outfit that says those claims reflect "97 percent" of a patent case over sleep apnea machines in Delaware federal court. 

  • May 05, 2025

    USPTO's AI Head Latest To Leave Agency

    The U.S. Patent and Trademark Office's leader for all matters related to artificial intelligence will be departing the agency, according to a source familiar with personnel moves at the agency.

  • May 05, 2025

    PTAB Judge Wins $125K For Whistleblowing Retaliation

    The U.S. Patent and Trademark Office must pay a Patent Trial and Appeal Board judge more than $125,000 to compensate for retaliation he experienced due to speaking out about misconduct, the Merit Systems Protection Board has ruled.

  • May 05, 2025

    Software Co. Sues After Acquisition Of Allstate's EVB Biz

    A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.

  • May 05, 2025

    Stewart Revives Vehicle Tracking Patent, But May End IPR

    The acting head of the U.S. Patent and Trademark Office has found that the Patent Trial and Appeal Board flubbed its analysis when it invalidated claims in a vehicle tracking technology patent challenged by Verizon Connect in an inter partes review.

  • May 05, 2025

    Defamation Litigation Roundup: Palin, Fox, Crime Podcasters

    In this month's review of ongoing defamation fights, Law360 looks back on developments in two voting technology companies' cases against news organizations that claimed they helped rig the 2020 election.

  • May 05, 2025

    Albright Transfers 3D Printing Patent Fight To EDTX

    An Austin, Texas-based subsidiary of a Chinese 3D printing company failed to persuade U.S. District Judge Alan Albright to hold onto a declaratory judgment action, granting a transfer request by American-Israeli rival Stratasys because the instant case was filed months after Stratasys filed patent infringement litigation in front of another Texas judge.

  • May 05, 2025

    VLSI Seeks Win In Bid For Patent Office Intel Documents

    VLSI Technology has asked a federal judge to order the U.S. Patent and Trademark Office and the U.S. Department of Commerce to produce information the agencies withheld in response to VLSI's request for documents involving its patent litigation foe Intel.

  • May 05, 2025

    7th Circ. Affirms Funder's Loss In Fraud Suit Against Law Firm

    The Seventh Circuit on Friday upheld an Illinois federal court's rulings ending a litigation funder's claims that a law firm illegally dropped the funder to represent a former employee and her competing venture, saying the lower court's detailed orders show it carefully resolved the issue.

  • May 05, 2025

    Purdue Tells Justices 'Rigid' Fed. Circ. Rule Threatens Patents

    Bankrupt OxyContin-maker Purdue Pharma LP wants the U.S. Supreme Court to revive its legal effort to use patent laws to block the release of a competing "crush-resistant" generic painkiller, challenging a Federal Circuit decision that Purdue calls too "rigid."

  • May 05, 2025

    Novartis, Incyte Settle Drug Royalty Fight On Eve Of Trial

    A Manhattan federal judge put off trial on Monday in a five-year quest by Novartis to recover what it says are $500 million in missing royalties from its agreement to commercialize an Incyte compound used to treat blood cancers, with the sides announcing they reached a settlement.

  • May 05, 2025

    DC Circ. Urged To Revisit Copyright Denial For AI-Created Art

    A computer scientist challenging the U.S. Copyright Office's requirement that only humans are eligible to register works has asked the full D.C. Circuit to review a three-judge panel's decision that rejected his arguments for why a two-dimensional artwork created by an artificial intelligence system he invented should be registered.

  • May 05, 2025

    High Court Won't Consider Reviving $13M Patent Verdict

    The U.S. Supreme Court on Monday said it would not review a question of vicarious liability prompted by the Federal Circuit erasing CloudofChange LLC's $13 million infringement trial win over NCR Corp. 

  • May 05, 2025

    Justices Skip Recusal Case Over Fitbit Judge's Google Ties

    The U.S. Supreme Court on Monday declined to consider a patent owner's argument that a California federal judge should have recused herself from an infringement suit against Fitbit due to her alleged financial ties to the wearable tech company's parent, Google.

  • May 02, 2025

    Fed. Circ. Backs Google, Apple Win Over Geolocation IP

    The Federal Circuit refused to revive claims in a series of patents relating to the geolocation of mobile devices that patent owner Geoscope Technologies accused Google and Apple of infringing.

  • May 02, 2025

    Omnitracs Alleges Religious Bias In IP Trial Tainted Outcome

    A fleet management company relied on making "improper religious and racial insinuations" to a jury, along with other concerning behavior, in order to beat a rival's infringement claims, the patent owner told a California federal judge.

  • May 02, 2025

    Fed. Circ. Gives MSN Short Pause For Entresto Appeal

    The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.

  • May 02, 2025

    This Is Real Life, Site Asking To Ax Grand Theft Auto Suit Says

    The developer of the "Grand Theft Auto" video game series cannot decide the rules and consequences for players in real life like it does in virtual environments, a website that sells hacks for video games has told a California federal court, urging it to dismiss copyright and trademark claims from Take-Two Interactive Software Inc.

  • May 02, 2025

    4 Mass. Rulings You May Have Missed In April

    Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.

  • May 02, 2025

    Conn. Burrito Joints Settle Trademark, Cash Raid Suit

    Two Connecticut restaurants with similar names, operated by onetime romantic partners, have settled a federal trademark and trade secrets suit accusing the allegedly infringing business of improperly using cash and ideas from the original.

  • May 02, 2025

    TSA Owes $170.6M In Patent Suit From Fla. Biz

    The Court of Federal Claims has found that the Transportation Security Administration owes more than $170 million for infringing a Florida company's patent on a method for speeding up security screenings.

  • May 02, 2025

    Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules

    In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.

  • May 02, 2025

    Faegre Drinker Lands Patent Team From Wilson Sonsini

    Faegre Drinker Biddle & Reath LLP added a partner, an associate and two patent agents from Wilson Sonsini Goodrich & Rosati PC to bolster its intellectual property practice, the firm has announced.

  • May 02, 2025

    Mayer Brown Adds IP Litigator In DC From ArentFox Schiff

    Mayer Brown LLP expanded its intellectual property practice with the recent addition of a patent litigator to the firm's Washington, D.C., office.

  • May 02, 2025

    Goodwin Adds Scientist IP Partner From Cooley On West Coast

    A seasoned life sciences and intellectual property attorney with a doctorate in biochemistry, biophysics and molecular biology has joined Goodwin Procter LLP on the West Coast, the firm announced.

Expert Analysis

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • 7th Circ. Ruling Muddies Split On Trade Secret Damages

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    The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Nutraceutical Patent Insights As Market Heats Up

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    Companies entering the expanding nutraceutical market and seeking patents to protect their innovations should evaluate successful nutraceutical claim language and common patent challenges in this field, say attorneys at Sterne Kessler.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Nintendo Suit May Have Major Impact On Video Game Patents

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    If Nintendo and The Pokémon Co. win their patent infringement case in Japan against Pocketpair, the game developer behind Palworld, it could pose new challenges for independent game creators — but it could also encourage innovation, says Charles Morris at Marshall Gerstein.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis

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    ​The Ninth Circuit’s upcoming decision in Hara v. Netflix​, about what it means to be source-identifying​, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

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    The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

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    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

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