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Intellectual Property
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Featured
The Patent Workforce Is Attracting Fewer Attys, More Agents
The pool of patent practitioners registered with the U.S. Patent and Trademark Office has undergone a dramatic shift over the past few decades, with the number of attorneys taking the bar exam decreasing at the same time more patent agents are entering the field.
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September 18, 2025
Alston & Bird Adds Ex-K&L Gates IP Litigator In Chicago
Alston & Bird LLP has hired an intellectual property litigator previously with K&L Gates LLP as a partner in its Chicago office, the firm announced Thursday.
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September 18, 2025
Sheppard Mullin Lands 21-Atty IP Team From Ropes & Gray
Continuing on efforts to grow its intellectual property group and build a nationally acclaimed patent litigation practice, Sheppard Mullin Richter & Hampton LLP announced Thursday that it is bringing in a 21-attorney IP team from Ropes & Gray LLP.
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September 17, 2025
Litigation Spending To Keep Growing As Biz Risks Run High
Companies are likely to increase their spending on litigation next year, some by over 10%, as legal disputes become more complex, more contentious and more high-stakes, according to a new report out Thursday.
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September 17, 2025
'It Doesn't Look Good': CoComelon Foe Faces Uphill IP Fight
Ninth Circuit panel judges doubted Wednesday a Chinese company's appeal of its $23.4 million copyright-trial loss to the maker of the children's YouTube channel CoComelon, with one judge telling counsel "it doesn't look good for you," and another observing he's "never seen copying evidence quite as compelling as this record."
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September 17, 2025
PTAB Told Variations From Prior Rulings Require Explanation
The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.
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September 17, 2025
AM Radio Bill Makes It Through House Committee, Again
More than two-thirds of the House of Representatives have signed on to co-sponsor a bill that would prevent automakers from removing AM radios from their vehicles, so it came as no surprise when the bill sailed through markup Wednesday afternoon.
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September 17, 2025
Frontier Copyright Row Triggered Duty To Defend, Court Says
Insurers for Frontier Communications had a duty to defend the telecommunications company against copyright infringement claims that were ultimately settled, a Delaware state court ruled in a recently unsealed opinion, analyzing a deliberate acts exclusion and the timeliness of Frontier's claim notice.
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September 17, 2025
Don Jr.-Backed Patent Co. Hires Nokia Licensing Exec
SIM IP, the newest venture by high-profile patent monetizer Erich Spangenberg, has brought on Nokia's chief licensing officer to serve as managing director.
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September 17, 2025
Morgan & Morgan Hauls Disney Into Court Over TM Concern
Law firm Morgan & Morgan sued Disney on Wednesday, asking a Florida federal court to declare that an advertisement it plans to run featuring elements from the animated short film "Steamboat Willie" does not infringe on Disney's intellectual property because the work entered the public domain last year.
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September 17, 2025
Posting Standards Violates Copyright, ASTM Tells 3rd Circ.
The American Society for Testing and Materials told a Third Circuit panel in Philadelphia on Wednesday that a Pennsylvania federal judge was wrong to find that another company's posting of its copyrighted technical standards online was a noninfringing fair use of the material.
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September 17, 2025
Magistrate Says Cloud IP Suit Dismissal Should Be Permanent
A federal magistrate judge in Texas has recommended that the voluntary dismissal of a patent infringement suit between two cloud computing companies be made permanent after one side complained a doctored screenshot was used as evidence.
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September 17, 2025
Anthropic, Reddit Spar Over Keeping AI Case In Federal Court
Artificial intelligence startup Anthropic has asked a California federal judge to keep Reddit's claims that user content is used to train large language models in federal court, saying that at least one of Reddit's claims are preempted by the Copyright Act and effectively arise from federal law.
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September 17, 2025
Del. Judge Boosts American Axle's $4M IP Win By $1.2M
A Delaware federal judge ordered Neapco Holdings LLC to pay American Axle & Manufacturing Inc. nearly $1.2 million in prejudgment interest on top of a $4 million jury verdict handed down in January 2024 in a long-running patent fight, according to court papers filed Wednesday.
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September 17, 2025
Fed. Circ. Backs Rejection Of Sterling Silver Patent App
The Federal Circuit on Wednesday upheld the U.S. Patent and Trademark Office's rejection of a bid for a patent on a silver alloy resistant to corrosion, backing the agency's finding that the application lacked enough written description.
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September 17, 2025
Nonprofit Loses TM Injunction Bid Against 'Making PA Better'
A Pennsylvania federal judge has declined to bar the Pennsylvania Manufacturers' Association from using the phrase "Making PA Better" on its website in a trademark infringement case brought by a nonprofit, saying neither of the parties are engaged in commercial activity.
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September 17, 2025
Fed. Circ. Revives Hard Disk Patent Suit Against Seagate
The Federal Circuit on Wednesday threw out a Pennsylvania federal jury's finding that computer hard drive manufacturer Seagate Technology did not infringe a patent on magnetic material used in computer hard disk drives, finding the lower court gave jurors an incorrect claim construction.
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September 17, 2025
Celeb Photo Agency Sues Over Decade-Old Farley Picture Use
Hyperlocal news organization Block Club Chicago has been hit with copyright infringement claims by a celebrity photo agency alleging predecessor site DNAInfo Chicago used a photo of late actor Chris Farley without licensing it on an article published more than a decade ago.
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September 17, 2025
Sky-High AI Valuations Are Reshaping Dealmaking Playbook
The latest financing for Anthropic underscores how difficult it has become to dismiss sky-high valuations backing AI as froth, and shows how such numbers could reshape acquisition and exit strategies while exposing investors to heightened legal and financial risks.
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September 17, 2025
Pinsent Masons-Led Rouse Acquires Rival European IP Firm
London-based international intellectual property services company The Rouse Group has merged with rival European IP firm Arnold & Siedsma to increase coverage for its existing clients and expand its geographic footprint in a deal guided by Pinsent Masons LLP.
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September 16, 2025
IP Attorneys Aren't Playing Into Pokémon Patent Panic
A patent granted to Nintendo and Pokémon earlier this month has video game players concerned that an entire genre of games could be undermined, yet patent attorneys say it's unlikely the companies would have any success if they chose to assert it.
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September 16, 2025
Patent Owner Wants Fed. Circ. Revival Of Salesforce Suit
A consulting company is asking the Federal Circuit to undo a Nevada federal judge's dismissal of its suit accusing Salesforce of infringing patents for database software reprogramming, calling the decision "improper and unjustified."
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September 16, 2025
Fed. Circ. Won't Look At USAA's Nixed $223M Patent Verdicts
The full Federal Circuit declined Tuesday to scrutinize panel decisions that wiped out a pair of patent infringement verdicts against PNC Bank that totaled nearly $223 million, rejecting United Services Automobile Association's arguments that the appeals court wrongly invalidated its mobile check deposit patents.
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September 16, 2025
4th Circ. Asked To Rehear 'Inspire' Dance Team Case
A North Carolina charter school on Tuesday asked for the full Fourth Circuit to hear its claims that two former teachers should be barred from using the name "Inspire" for their dance company, arguing that declining to block the teachers is at odds with decades of circuit precedent.
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September 16, 2025
Judge Orders Bench Trial On Key Issue In Sirius Patent Case
A Delaware federal judge has ordered a bench trial on the issue of whether Sirius XM relied on a German research foundation's five-year delay in bringing patent claims related to satellite radio technology in making business decisions around that tech.
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September 16, 2025
Jazz Can't Escape Antitrust Claims Over Sleep Disorder IP
A Delaware federal judge has refused to let Jazz Pharmaceuticals dodge antitrust claims that it wrongly listed a patent covering a way to distribute a narcolepsy drug in the U.S. Food and Drug Administration's Orange Book.
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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Between The Lines Of EPO's Adoption Of Color Drawings
The European Patent Office's decision to accept patent drawings in color starting in October may enhance clarity in technical disclosures and streamline the examination process, and could also enable new patent filing strategies for international applicants, say attorneys at Miller Canfield.
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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2 Fed. Circ. Rulings Show Risks Of Altering Patent Claims
Two recent patent decisions from the Federal Circuit, overturning significant judgments, serve as reminders that claim modifications and cancellations may have substantive effects on the scope of other claims, and that arguments distinguishing prior art and characterizing claims may also limit claim scope, say attorneys at Morgan Lewis.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Fed. Circ. Rulings Refine Patent Claim Construction Standards
Four Federal Circuit patent decisions this year clarify several crucial principles governing patent claim construction, including the importance of prosecution history, and the need for error-free, precise language from claims drafters, say attorneys at Taft.
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Avoiding Unforced Evidentiary Errors At Trial
To avoid self-inflicted missteps at trial, lawyers must plan their evidentiary strategy as early as their claims and defenses, with an eye toward some of the more common pitfalls, says Nate Sabri at Perkins Coie.
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How Value-Based Patent Fees May Shape IP Strategies
If the U.S. Patent and Trademark Office implements rumored plans to correlate patent fees with patent value, the financial and strategic consequences would largely depend on the specifics of how, when and how often patent values are assessed, say attorneys at Cleary.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Using Reissue Applications To Strategically Improve Patents
Though reissue applications are an often-overlooked consideration in today's patent environment, they can offer powerful tools for correcting errors, strengthening patent protection, or adapting to evolving business and legal landscapes, says Curtis Powell at Wolf Greenfield.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Future-Proof Patent Law By Starting Talent Pipelines Early
Law firms struggling with a narrow talent pipeline in the intellectual property space should consider beginning their recruitment strategies for potential candidates as early as high school, and raise awareness for career opportunities that do not require a law degree, says Christine Hollis at Marshall Gerstein.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.