Intellectual Property

  • July 28, 2025

    Cozen O'Connor Lands 4 IP Attys From Eversheds, Buchalter

    Cozen O'Connor announced Monday that it has added two intellectual property partners from Eversheds Sutherland and another prominent IP attorney from Buchalter PC in the San Diego area, with another Eversheds Sutherland partner set to join the team later this week.

  • July 28, 2025

    9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton

    The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.

  • July 28, 2025

    GSK Asks China's Hengrui To Develop 12 Drugs For $12B

    Pharmaceutical giant GSK said Monday that it will pay up to $12 billion for Hengrui Pharma of China to develop up to 12 medicines to add to its respiratory, immunology and oncology pipelines.

  • July 25, 2025

    Coffee Co. Says Tech Firm Brewed Trademark Conflict

    A coffee roaster is accusing a coffee-focused tech firm of wrongly obtaining a trademark registration for the phrase "meet the farmer" and waging an anticompetitive campaign to damage the roaster over its use of the phrase.

  • July 25, 2025

    OpenAI Urges 9th Circ. To Ax Injunction In Trademark Dispute

    OpenAI has asked the Ninth Circuit to vacate an injunction temporarily blocking it from using the trademark associated with acquired competitor IO Products Inc., slamming the litigation as a "transparent attempt to exploit the recent merger announcement."

  • July 25, 2025

    Reviewing Stewart's Latest Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued just eight discretionary denial decisions over the last week, including one that addressed arguments tying in the Biologics Price Competition and Innovation Act for the first time.

  • July 25, 2025

    Anthropic Asks To Stay Copyright Suit To Appeal Class Cert.

    Anthropic PBC has said it will seek a quick appeal to the Ninth Circuit of a California federal judge's decision last week to certify a class of owners of copyrights for books included in pirate websites that were downloaded by the AI developer to train its Claude generative text model.

  • July 25, 2025

    Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit

    A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.

  • July 25, 2025

    Texas PE Firm Claims 'Lone Star' Rival Stole Its Name, Logos

    A private equity firm that manages the Lone Star Funds hit an upstart rival called Lone Star Capital with a trademark infringement lawsuit in Texas federal court Thursday, accusing the firm of intentionally ripping off its trademarks and logos amid its aggressive marketing blitz in an effort to dupe investors.

  • July 25, 2025

    Trump Directs NLRB And DOL To 'Clarify' Athletes' Status

    President Donald Trump has directed the U.S. Department of Labor and the National Labor Relations Board to "clarify" the status of college athletes as part of a broader push to halt changes to collegiate athletics following the courts' end to certain restrictions on compensating players.

  • July 25, 2025

    Fed. Circ. Punts $17M Drug Arbitration Case To 2nd Circ.

    The Federal Circuit said Friday it lacked jurisdiction over a dispute over a $16.6 million arbitral award between two drugmakers, ruling that because it was being asked to consider an arbitration issue and not a patent law issue, the Second Circuit must hear the case.

  • July 25, 2025

    Coinbase Accuses German Of Illegally Squatting On URL

    A German man is wrongfully using an online URL to pose as the cryptocurrency exchange Coinbase and leveraging his ownership to get the company to buy the domain name at a high price, a new lawsuit in California federal court has alleged.

  • July 25, 2025

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

    This past week in London has seen the owner of a £6 million ($8 million) mansion once rented by Adele sue real estate consultants Strutt & Parker, Romanian-Australian mining investor Vasile Frank Timis bring a claim against reputation and privacy firm Schillings, and a Chinese businessman bring a legal action against his former lawyer over an alleged £12.5 million mortgage fraud.

  • July 25, 2025

    Boutique Upadhye Tang Gets McDermott Life Sciences Partner

    A six-year veteran of McDermott Will & Emery LLP's Washington, D.C., team has moved his pharmaceutical patent litigation practice to Upadhye Tang LLP, a boutique that focuses on intellectual property and U.S. Food and Drug Administration matters.

  • July 25, 2025

    Skechers Sued Over Hands-Free Sneaker Patents

    A Utah company says sneaker giant Skechers U.S.A. Inc. is engaged in "massive infringement" of patents for hands-free slip-in shoes, according to a suit filed in Texas federal court.

  • 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.

Expert Analysis

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

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    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • 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.

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