Intellectual Property

  • August 01, 2025

    Mintz Welcomes Longtime Fenwick & West IP Atty In NY

    Mintz said Wednesday that it has added a longtime Fenwick & West LLP lawyer who helped his former firm establish itself in New York to its intellectual property prosecution practice.

  • August 01, 2025

    Rising Star: Morrison Foerster's Timothy Chen Saulsbury

    Timothy Chen Saulsbury of Morrison Foerster LLP helped defeat a $900 million trade secrets suit over wearable medical device technologies and won a favorable jury verdict for Epic Games on a patent infringement claim, earning him a spot among the intellectual property lawyers under age 40 honored by Law360 as Rising Stars.

  • August 01, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen several telco giants hit with a trademark claim, a collapsed hotel company sue a property investor in an ongoing dispute over a decades-old hotel sale, and two litigation funders square off against each other.

  • August 01, 2025

    Disney Settles IP Dustup Over 'Pickles' Baseball Team

    Disney has quietly settled a trademark suit brought by the Portland Pickles, an Oregon summer league baseball team that has attained a kind of cult status within the game, over the depiction of a softball team named the Pickles in one of its animated series.

  • July 31, 2025

    Pandora Says IP Suit Should Be Axed, Backing Special Master

    Pandora Media told a California federal judge on Wednesday that a special master was right to recommend handing it a summary judgment win in high-stakes copyright infringement litigation by a group of comedians who allege that the streaming service lacked licenses for the underlying jokes in their comedy routines.

  • July 31, 2025

    'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict

    A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.

  • July 31, 2025

    PTAB Takes Down Automotive USB Patent

    The Patent Trial and Appeal Board has found that the single claim of an automotive technology supplier's patent on USBs for automobiles was invalid, agreeing with Microchip Technologies that it was obvious.

  • July 31, 2025

    ITC Judge Recommends General Import Ban In Shoe IP Case

    A U.S. International Trade Commission judge recommended a complete block on imports of women's ballet flats that the maker of Tieks shoes proved infringed its design patents on its signature blue-soled footwear.

  • July 31, 2025

    Paramount Gets Partial Dismissal Of 'Top Gun' Credit Suit

    A Manhattan federal judge on Thursday dismissed part of a suit brought by the cousin of a "Top Gun: Maverick" screenwriter, tossing his claims to joint ownership and authorship of the film, but allowing his copyright infringement claim to survive.

  • July 31, 2025

    American Airlines Can't Stay Claims In Wi-Fi Patent Suit

    A Texas federal judge shot down American Airlines' bid to stay two claims in a suit accusing the airline of infringement for its use of hardware that allows for internet connection on flights, saying the airline failed to show it was merely a passive user of the technology.

  • July 31, 2025

    3 Federal Circuit Clashes To Watch In August

    The Federal Circuit's argument calendar for August includes Brita's effort to revive a patent suit against water filter rivals that fell short at the U.S. International Trade Commission, and a prolific inventor's bid to undo a decision clearing Coca-Cola of infringing a beverage dispenser patent.

  • July 31, 2025

    Microsoft Fights Demand For AI Deal Data In Databricks Suit

    Third-party Microsoft Corp. urged a California magistrate judge Thursday to block a subpoena by a group of writers accusing San Francisco-based Databricks of using their copyrighted works to train its artificial intelligence tool MosaicML, arguing that Microsoft has already exceeded third-party obligations by providing certain data agreements and that the request is overbroad.

  • July 31, 2025

    18 GOP Sens. Urge Trump To Fill IP Negotiator Post

    Eighteen Republican U.S. senators urged President Donald Trump to appoint someone to the vacant role of chief innovation and intellectual property negotiator of the U.S. Trade Representative in order to work to remove what they called "market-distorting price controls" in the pharmaceutical industry.

  • July 31, 2025

    Rising Star: WilmerHale's Steven Horn

    WilmerHale's Steven Horn has been a strategic leader on the firm's work defending Intel Corp. from the sprawling, big-dollar patent infringement litigation brought by VLSI Technology LLC, earning him a spot among the intellectual property attorneys under age 40 honored by Law360 as Rising Stars.

  • July 31, 2025

    NC Judge Questions Barings' Bid For Ex-Employees' Emails

    A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.

  • July 31, 2025

    ITC Ends Dermatology Needle Import Ban After Settlement

    The International Trade Commission has lifted a ban on certain imports of skin treatment devices that infringed patents owned by a South Korean dermatologist's needle business after it settled with a rival.

  • July 31, 2025

    Weil Lands Latham IP Litigation Trio In California, Texas

    Weil Gotshal & Manges LLP announced Thursday that it has welcomed three intellectual property lawyers from Latham & Watkins LLP, two of whom began their legal careers at Weil and will now co-head its IP, technology and science litigation practice.

  • July 31, 2025

    Fla. Judge Finds Car Photo Patents Unenforceable

    A Florida federal judge said the owner of patents on taking photos of cars at dealerships can't assert three of the patents against an automotive photo booth maker, trimming them from an infringement suit because of deceptive statements made to the U.S. Patent and Trademark Office.

  • July 31, 2025

    Metal Singer Misused Band's Money, Fired Co-Founder Says

    The founding bassist for iconic metal band Hatebreed was abruptly fired over false accusations that he harassed a Connecticut venue worker, according to a lawsuit that also accuses the singer of mismanaging the group's money for his own gain.

  • July 31, 2025

    ITC Wants Feedback Before Reconsidering Lashify Claims

    The International Trade Commission asked for further briefing from eyelash extension company Lashify Inc., a group of artificial eyelash makers, Walmart and CVS to address the requirements for showing the existence of a domestic industry.

  • July 31, 2025

    Sens. Draft Bill To Combat Foreign Online Piracy

    A bipartisan group of senators introduced a discussion bill for a law that would allow American copyright holders to petition federal courts for orders against foreign-hosted websites that host pirated content.

  • July 30, 2025

    Crocs, Rival Agree To Narrow Claims In Shoewear IP Dispute

    Crocs told a Colorado federal judge Wednesday it agreed to drop trademark dilution claims against Joybees stemming from a dispute where the defendant's CEO, who was a former midlevel Crocs manager, allegedly absconded with documents to copy the design and manufacturing process for its foam clog to start a competing business.

  • July 30, 2025

    Hytera Ordered To Immediately Escrow Subsidiary Sale Funds

    Hytera Communications Corp. Ltd. must immediately place $69 million of proceeds of a subsidiary sale in escrow in light of the Chinese company's outstanding judgment and asset citation obligations in Motorola Solutions Inc.'s mobile radio trade theft case, an Illinois federal judge said Wednesday.

  • July 30, 2025

    Singer Percy Bady Sues Label Over 'I'm Free' Song Use

    Grammy-nominated singer-songwriter Percy Bady has sued TRIBL Records, performing artists Todd Galberth and Brandon John Peavy, as well as two music publishers and a music producer, for allegedly infringing his song "I'm Free" with recordings and performances of the song "Fill the Room."

  • July 30, 2025

    NFT Trademark Ruling Highlights Free Speech Limits In Art

    In ruling that nonfungible tokens qualify as trademarks, the Ninth Circuit last week followed guidance from the U.S. Supreme Court that the First Amendment cannot always protect expressive marks from infringement.

Expert Analysis

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • A Midyear Tuneup For Your Trade Secret Portfolio

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    Halfway through 2025, now is a good time for companies to thoroughly evaluate their trade secret portfolios and follow eight steps to reassess protection processes for confidential information, says Robert Jensen at Wolf Greenfield.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Why Funder Forecasts Don't Belong In Royalty Analysis

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    In denying the request for production of damages-model communications between Haptic and its litigation funder, which Apple argued were relevant to a reasonable royalty analysis, a California federal court recently reaffirmed an underappreciated principle — that the purpose and context of an estimate shape its evidentiary value, says Rick Eichmann at Secretariat Advisors.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • NCAA Settlement Kicks Off New Era For Student-Athlete NIL

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    A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.

  • Lessons From Recent Creative Clashes In Entertainment IP

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    Three recent controversies highlight when creative expression might cross over into infringing another party's rights, and how these potentially conflicting interests can be balanced, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • US Companies Must Recalibrate IP Strategy Amid China Shift

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    A recent order from the China State Council on intellectual property disputes is significant for U.S. companies, as it represents China's transformation into an assertive venue for patent enforcement, equipped with sophisticated tools for economic statecraft, says Keegan Caldwell at Caldwell Law.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • The State Of Play In Copyright Protection For Floor Plans

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    With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How IPR Estoppel Ruling May Clash With PTAB Landscape

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    Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

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