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Intellectual Property
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Featured
Who Owns A Beat? The Dispute Over Reggaeton's Core Sound
The origin of the rhythm that underpins much of reggaeton music is at the center of a copyright lawsuit from Jamaican artists who claim a loop from an instrumental song they released in 1989 has become foundational to reggaeton, which thousands of songs have copied without permission.
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August 21, 2025
Engineering Consultant Fights 'Sweeping' Ban On Job Move
A former principal for a California environmental consulting firm asked a Michigan federal judge Thursday to dissolve or narrow a restraining order barring her from taking a job at a competitor, calling the order a "sweeping" ban that would "destroy" her career.
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August 20, 2025
Masimo Targets CBP Over Latest Apple Watch Import Ruling
Masimo sued U.S. Customs and Border Protection in D.C. federal court Wednesday, arguing the agency defied the law by issuing a ruling that found a newly redesigned version of Apple's smartwatches is not subject to an import ban in the companies' patent dispute.
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August 20, 2025
DC Judge Won't Reinstate Ex-Copyright Chief Amid Appeal
A District of Columbia federal judge on Wednesday again refused to reinstate the U.S. Copyright Office's fired head, this time while she takes her fight to the D.C. Circuit, saying she still hasn't convinced the judge she'll suffer irreparable harm if she isn't reinstated as she appeals.
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August 20, 2025
Cannabis Co. Infringed Extraction Patents, Suit Says
A New York-based manufacturer of hemp-derived CBD products is using stolen techniques to make its vape cartridges, gummies and prerolled joints, according to a lawsuit filed by an intellectual property holding company.
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August 20, 2025
Envestnet Didn't Preserve Data In IP Suit, Special Master Says
A special master in Delaware federal court has recommended sanctioning Envestnet for failing to properly preserve data from a piece of log management software as part of a suit, accusing it of scheming to steal rival fintech software company FinApps' trade secrets.
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August 20, 2025
Supertramp Co-Founder Must 'Give A Little Bit' In Royalty Row
The Ninth Circuit said Wednesday that a California federal judge was wrong to rule that a 1977 royalties agreement between the members of rock group Supertramp could be terminated, overruling a jury verdict and ordering that the band's co-founder Roger Hodgson be held liable for discontinuing his royalty payments to three other band members.
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August 20, 2025
Feds Lose Bid To Seal In Vax Patent Case Against Moderna
The U.S. government has failed to show why names and contact information of certain U.S. Department of the Army employees should be hidden in an mRNA vaccine developer's $5 billion patent suit over Moderna's COVID-19 vaccines, a federal judge has found.
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August 20, 2025
WR Grace Beats Rival's False Ad, Patent Claims
A Maryland federal judge has ruled in favor of chemical supplier W.R. Grace on one Lanham Act false advertising claim that competitor GW Aru LLC brought against Grace over disparaging claims it made about GWA in advertisements, finding that while Grace's actions might not have been commendable, GWA hadn't shown it suffered monetary harm as a result.
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August 20, 2025
Verizon, Headwater Settle Dispute After $175M Patent Verdict
Headwater Research and Verizon have agreed to a settlement after a federal jury last month put the telecommunications giant on the hook for $175 million in damages after finding it infringed a pair of wireless communications patents.
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August 20, 2025
4th Circ. Won't Rethink $190M TM Verdict Against Vivint
The Fourth Circuit has declined Vivint Smart Home Inc.'s requests to rethink its decision affirming a $190 million verdict in a case accusing the company of deceiving customers of a rival home security business.
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August 20, 2025
King & Spalding Adds 2 More Former Goodwin Litigators
Two California attorneys who were key players in the legal dispute between the Winklevoss twins and Mark Zuckerberg over the origin of Facebook are reportedly the latest intellectual property litigators to exit Goodwin Procter LLP for King & Spalding LLP.
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August 20, 2025
LegalZoom Launches Patent Filing Service
Online legal services provider LegalZoom announced Tuesday the launch of a streamlined alternative to traditional patent filing through its Arizona-based law firm LZ Legal Services.
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August 20, 2025
Buchalter Lands Procopio IP Ace To Lead Medical Tech Group
Buchalter PC has added a veteran intellectual property attorney from Procopio Cory Hargreaves & Savitch LLP to serve as chair of its medical technology practice group, the firm announced on Wednesday.
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August 20, 2025
Claire's Pitches Over $104M Sale Of US Stores In Ch. 11
Bankrupt jewelry chain Claire's announced plans Wednesday to sell intellectual property and some of its U.S. stores to a private holding company for $104 million in cash as well as other inducements.
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August 19, 2025
Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint
The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."
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August 19, 2025
CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid
A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.
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August 19, 2025
Dredging Vehicle Patent Sinks Over On-Sale Bar At Fed. Circ.
The Federal Circuit on Tuesday affirmed a Louisiana federal court's axing of claims in a Wilco Marsh Buggies and Draglines Inc.'s excavator and dredging vehicle patent, saying they were invalid because the product detailed in the patent was sold in the 1990s.
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August 19, 2025
Judge Denies American Airlines' Bid To Avoid Patent Claims
A Texas federal judge on Tuesday rejected American Airlines' request to escape some of the claims accusing it of infringing patents that cover hardware allowing in-flight Wi-Fi connection.
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August 19, 2025
Ex-Copyright Chief Says Trump Overstepped Role In Firing Her
The fired leader of the U.S. Copyright Office urged the D.C. Circuit to reject the Trump administration's arguments that her dismissal was lawful, asking the appeals court on Tuesday to return her to her job before Congress returns from recess Sept. 2.
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August 19, 2025
TriZetto Wants Nearly $18M In Atty Fees In Trade Secret Fight
Healthcare software company the TriZetto Group has requested nearly $18 million in attorney fees in a decadelong trade secrets legal battle with Syntel Inc., saying its rival's "unreasonable" litigation conduct merits the award.
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August 19, 2025
Suno Says Indie Artists' AI Copyright Claim A Stretch
Artifical intelligence music generator Suno on Monday asked a Massachusetts federal judge to trim a proposed class action on behalf of independent musicians, saying the plaintiffs fail to offer any support for their novel claim that the songs generated by the tool are copyright-infringing copies.
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August 19, 2025
Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme
Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.
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August 19, 2025
Samsung Fights Maxell's Bid To Boost $112M Patent Verdict
Samsung Electronics asked a Texas federal judge to reject a bid from Maxell Ltd. to boost a $112 million patent infringement jury verdict, saying Maxell had not shown the infringement of its personal electronics patents was willful or that Samsung's behavior had been egregious enough to warrant an enhancement.
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August 19, 2025
Google, Samsung Join Fed. Circ. Fight Against Fintiv Policy
Google and Samsung are urging the Federal Circuit to stop the U.S. Patent and Trademark Office from applying new Patent Trial and Appeal Board guidance to cases that were already pending, in a mandamus petition authored by the agency's former solicitor.
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August 19, 2025
NASA Gets Sensor Co.'s Patent Deal Breach Claims Tossed
A U.S. Court of Federal Claims judge axed an Ohio company's claims that NASA breached contracts to license and commercialize the agency's patented sensor technology, ruling that NASA fulfilled its side of the bargain before ending the agreements.
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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Series
Quilting Makes Me a Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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USPTO's AI Tool Redefines Design Patent Landscape
The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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6 Tips On Drafting Machine Learning Patents Post-Recentive
While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.
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What US-India Trade Deal Will Mean For Indian Pharma
Complicated by newly imposed tariffs from the U.S., the outcome of the U.S.-India trade talks is poised to reshape not just trade policy, but also the strategic alignment of the two countries' pharmaceutical ecosystems, says Jashaswi Ghosh at Holon Law Partners.