Intellectual Property

  • July 24, 2025

    Will 9th Circ. Take 'Rare' Step Of Nixing Kat Von D's IP Win?

    A Ninth Circuit panel openly struggled this month with a jury's verdict clearing tattoo artist Kat Von D of infringing a photographer's copyrighted photo of Miles Davis, and is now facing the rare proposition of nullifying the verdict based on its own interpretation of the images.

  • July 24, 2025

    Genentech Seeks Win After $122M Biogen Royalties Mistrial

    Genentech Inc. urged a California federal court Wednesday to rule that Biogen MA Inc. owes $122 million in patent royalties and interest under the "only coherent construction" of their licensing deal, in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.

  • July 24, 2025

    NC Judge Reins In Row Over Clinical Trial Software Contract

    A 6-year-old breach of contract suit got pruned on its second trip to North Carolina's business court Wednesday, with defendant Pharmaceutical Research Associates Inc. winning partial summary judgment against former PRA employee Neil Raja and the healthcare technology company he founded, Value Health Solutions Inc.

  • July 24, 2025

    Logan Paul's Co. Can't Depose Messi In Drink TM Row

    Logan Paul's sports drink company has lost its bid to depose soccer star Lionel Messi in a trademark dispute after a New York federal judge found the deposition request to be "vexatious and improper," and pointed out that Messi attested he lacks unique knowledge about the issues in the case.

  • July 24, 2025

    Founder Accuses Execs, Kevin O'Leary Of Patent Forgery

    The founder of an agriculture technology company has sued the company she created, several of its executives and Kevin O'Leary of "Shark Tank" in Colorado federal court, alleging the defendants stole her company and intellectual property.

  • July 24, 2025

    AI Rollout At USPTO Has Attys Foreseeing Stronger Patents

    As the U.S. Patent and Trademark Office incorporates more use of artificial intelligence in patent examination, attorneys predict the technology could lead to stronger patents in the future, especially for designs, though it may make the process more challenging for applicants.

  • July 24, 2025

    Tesla Faces EDTX Suit Alleging Vehicles Infringe Patents

    Tesla has been hit with a lawsuit in Texas federal court accusing the automotive company of infringing a series of patents related to ways to train autonomous vehicles with its models, including the Cybertruck.

  • July 24, 2025

    Pandora Should Beat Comedians' IP Suit, Special Master Says

    A special master has recommended that a California federal judge hand Pandora Media a summary-judgment win in high-stakes copyright infringement litigation by a group of comedians who allege the streaming service lacked licenses for the underlying jokes in their comedy routines, finding that the comedians waited too long to sue.

  • July 24, 2025

    Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker

    Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.

  • July 24, 2025

    PTAB Erases Claims In Patent From $279M Samsung Verdict

    The Patent Trial and Appeal Board has invalidated claims in one of two Headwater Research wireless communications patents that a jury had found Samsung owed nearly $279 million for infringing, finding that the claims were obvious.

  • July 24, 2025

    Kraft Must Face Claims It Stole Overseas Distributor Database

    The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.

  • July 24, 2025

    Columbia Sportswear Says University Breached Name Deal

    Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.

  • July 24, 2025

    Trump Says AI Needs Free Content For Global Competition

    President Donald Trump has expressed support for letting large language model developers use copyrighted material for training their systems without payment, saying during the unveiling of his artificial intelligence action plan that licensing requirements would impede the technology's progress and give China an unfair advantage.

  • July 24, 2025

    McGuireWoods Adds Offit Kurman Gov't Contracts, Tech Atty

    McGuireWoods LLP has hired a former Offit Kurman Attorneys At Law principal who focuses his practice on government contracts and technology transactions, and who joins the team as a counsel in Washington, D.C., the firm announced Thursday.

  • July 24, 2025

    Miami Van Gogh Cafe, Museum Exhibitor Settle TM Suit

    A company that runs an immersive Vincent van Gogh-themed exhibit has reached a deal to settle trademark infringement claims it brought against Miami's Van Gogh Cafe.

  • July 24, 2025

    Fed. Circ. Backs Snap, Meta, X Win Over Xerox Patent

    Xerox on Thursday lost its attempt to restore claims in a patent for providing personalized content to users after the Federal Circuit backed a Patent Trial and Appeal Board finding that Meta, X and Snap were able to show the claims were invalid.

  • July 24, 2025

    Eli Lilly's Trademark Suit Not 'Abuse Of Process'

    A Washington federal judge has tossed out counterclaims by a pair of clinics being sued for trademark infringement by Eli Lilly & Co., saying the acts of filing the suit and making a settlement demand are not in themselves abuse of process.

  • July 23, 2025

    Texas Jury Says Verizon Owes $175M For Infringing 2 Patents

    A federal jury Wednesday found that Verizon infringed a pair of wireless communications patents owned by Headwater Research, putting the telecommunications company on the hook for $175 million in damages.

  • July 23, 2025

    Full Fed. Circ. Won't Disturb Machine Learning Patent Ruling

    The full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning, leaving in place a panel's April findings that applying established machine learning methods to a new area cannot be patented.

  • July 23, 2025

    9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods

    The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.

  • July 23, 2025

    Anthropic Judge Says Authors Can Seek OpenAI Docs In NY

    A California federal judge on Wednesday told a certified class of authors claiming Anthropic stole their work to train its AI technology that they have his blessing to ask a New York court overseeing copyright litigation against OpenAI and Microsoft to produce documents and deposition testimony related to the California case.

  • July 23, 2025

    Astellas, Generics Scolded For 'Abusive' Discovery In IP Case

    A Delaware federal magistrate judge on Wednesday rebuked Astellas Pharma and makers of generic drugs for what she deemed exploitation of the discovery dispute process in the brand-name company's patent infringement case, calling their dozens of fights "not just excessive" but also "abusive of the discovery dispute process."

  • July 23, 2025

    Ex-Copyright Chief Suggests Trump Fired Her Over AI Report

    An attorney for the fired leader of the U.S. Copyright Office suggested Wednesday that President Donald Trump "sought to sideline her" to stop her from advising Congress on issues related to the use of copyrighted material for training artificial intelligence models, noting her dismissal occurred shortly after she released a pivotal report on the subject.

  • July 23, 2025

    9th Circ. Revives Barrett Business Services' Secrets Case

    The Ninth Circuit has reinstated Barrett Business Services Inc.'s claims of trade secret theft against two former employees, their wives and a competing company they started.

  • July 23, 2025

    Eye-Control Wheelchair Tech Targeted In Wash. Co.'s IP Suit

    A Washington-based firm that makes devices for individuals with disabilities has launched a lawsuit in federal court claiming a German company exploited its patented technology that allows users to control powered wheelchairs by looking at a screen.

Expert Analysis

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

  • Fed. Circ. In April: Introducing New Evidence During IPR

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    The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • DOJ Export Declination Highlights Self-Reporting Benefits

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    The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.

  • A Cautionary Fed. Circ. Tale On Design Patents

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    The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • USPTO Decision Provides Clearer Path To Ex Parte Reexam

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    In light of an uptick in ex parte reexamination filings as an alternative way to challenge patent validity, both petitioners and patent owners may benefit from understanding a new framework for determining when estoppel applies, explained by the U.S. Patent and Trademark Office in a recent petition decision, says Chris Coulson at Skadden.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Opinion

    Counterfeiting Cases Could Alter TM Law, Hurt Resale Market

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    Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • 9th Circ. Ruling Clarifies Derivative Suit Representation Test

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    The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.

  • Patenting AI And Machine Learning In The Wake Of Recentive

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    Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.

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