Intellectual Property

  • September 19, 2025

    'Drop' Maker Blumhouse Accused Of Ripping Off Horror Script

    RG Media Properties sued Los Angeles horror filmmaker Blumhouse Productions in California federal court alleging that the production company's 2025 film "Drop" infringes the copyright for the script "Table 18," which the suit says tells the same tale of a first date that devolves into a violent hostage situation.

  • September 19, 2025

    Moderna Wants Fed. Circ. Reversal Of Vax Patent Invalidation

    Moderna has told the Federal Circuit that the Patent Trial and Appeal Board got it wrong when it found that the success of the inventions behind two of its COVID-19 vaccine patents challenged by Pfizer and BioNTech didn't outweigh the evidence they were invalid as obvious.

  • September 19, 2025

    Prince's Estate Seeks To Toss 'Purple Rain' Star's TM Suit

    The estate of pop icon Prince has asked a California federal judge to dismiss a trademark complaint from the late musician's co-star in the movie "Purple Rain" over the name "Apollonia," saying the court does not have subject matter jurisdiction over a dispute that's also playing out at the Trademark Trial and Appeal Board.

  • September 19, 2025

    Judge Overturns Maxell's $112M Patent Win Against Samsung

    A Texas federal judge has cleared Samsung in Maxell's suit accusing it of infringing personal electronics patents, overriding a jury's May verdict that the South Korean company owed $112 million.

  • September 19, 2025

    Air Charter Co. Says Rival Bribed Ex-Worker For Insider Info

    Air charter broker XO Global sued its competitor Jet365 in Miami, claiming the rival bribed a onetime XO sales employee to steal confidential business information that allowed Jet365 to redirect millions of dollars' worth of charter flights to itself.

  • September 19, 2025

    Greenberg Traurig Adds Venture Capital Atty From O'Melveny

    Greenberg Traurig LLP has brought on an O'Melveny & Myers LLP partner in its Los Angeles office, strengthening its venture capital practice with an attorney who has guided clients on hundreds of transactions that total over $10 billion.

  • September 19, 2025

    USPTO's Top Solicitors To Leave Amid Continued Shake-Ups

    The legal department at the U.S. Patent and Trademark Office is facing some shake-ups, with two of its top officials slated to leave the agency in the coming weeks.

  • September 19, 2025

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

    This past week in London has seen brokerage firm ADS Securities file a fresh claim against German entrepreneur Lars Windhorst, AmTrust and Endurance Worldwide Insurance tackle an ongoing £50 million ($67 million) dispute over a failed litigation and insurance scheme, and Howard Kennedy LLP sue the son of a diamond tycoon over a £3.1 million legal bill. 

  • September 19, 2025

    Entain Sues Matched Betting Biz Over TM Infringement

    The owner of the Ladbrokes and Bwin gambling websites has sued a company that provides paying members with tools to maximize betting returns, accusing it of infringing its IP by displaying its trademarks and logos. 

  • September 18, 2025

    Kong Toy Owners Blame Each Other For Deal Breach

    After more than three weeks, the co-owners of dog toy maker Kong Co. LLC ended their bench trial over violated company agreements with closing arguments Thursday, with one side claiming they were being forced out while the other arguing they were being ripped off.

  • September 18, 2025

    Fed. Circ.'s PTAB Prior Art Ruling Risks Havoc, Justices Told

    The Federal Circuit created a "jumbled mess" when it ruled that the filing date of a patent application dictates whether it can be used as prior art to invalidate a later patent, rather than the date the application was published, Lynk Labs Inc. has told the U.S. Supreme Court.

  • September 18, 2025

    Philip Morris Gets Swedish Match Deal Case Stubbed Out

    A Virginia federal court tossed a proposed class action on Thursday from consumers accusing Philip Morris of violating antitrust law by purchasing Swedish Match rather than competing in the U.S. market for nicotine pouches with its own product, after finding the claims were based on conjecture instead of facts.

  • September 18, 2025

    Fed. Circ. Hears 'Settled Expectations' Are 'Lawless' In IP Feud

    SanDisk Technologies Inc. and its former parent have become the latest challengers at the Federal Circuit to the U.S. Patent and Trademark Office's discretionary denial practices, taking aim at its acting director's holdings that patent owners eventually have the right to assume their patents won't be challenged.

  • September 18, 2025

    NC Judge Trims Feud Over Middle School Dance Team Name

    The parties fighting over the rights to the name of a youth dance team were urged by a North Carolina federal judge on Thursday to resolve the disagreement on their own, after he streamlined the claims against each other and admonished them for the lengths they already have traveled to secure the team name.

  • September 18, 2025

    NPE Asks To Drop Samsung Patent Suit Watched By Gov't

    A nonpracticing entity has moved to drop a patent infringement suit against Samsung in light of new testimony in a case where the federal government had taken the rare step of showing interest.

  • September 18, 2025

    NC Coastal Pool Co. Can't Exit Trademark Dispute Early

    An Outer Banks-area pool and spa service provider has been denied an early exit from a trademark dispute after a North Carolina federal judge found claims against it to be good enough to survive judgment on the pleadings.

  • September 18, 2025

    Former NRA President's Suit Split, Partially Moved To Va.

    A lawsuit by the former president of the National Rifle Association alleging breach of contract against the gun rights organization was split by a federal judge Thursday, with Florida state law claims being kept in the Sunshine State and its contract-related claim moved to Virginia.

  • September 18, 2025

    AI Firm's Ex-CTO Barred From Using Trade Secrets

    A Washington federal judge has barred an artificial intelligence startup's former chief technology officer from using trade secrets to hurt the company, making disparaging statements about it or contacting the company's current or prospective customers.

  • September 18, 2025

    Fox Can't Strike Distributor's Evidence In Sports IP Fight

    A New York federal court ruled that a Mexican sports broadcasting distributor provided enough support to retain evidence that could help it overturn sanctions for unlawfully using Fox Corp.'s trademarks, rejecting Fox's efforts to suppress the evidence.

  • September 18, 2025

    Citing Lashify, ITC Finds Domestic Industry In Vape Case

    The U.S. International Trade Commission has agreed with a judge's finding that Pax Labs Inc. has satisfied a requirement for it to bring its case alleging imports of vape devices infringed various patents, relying on a pair of Federal Circuit rulings over what counts toward that requirement.

  • September 18, 2025

    Pet Food Tray Sellers Sue Rival Over Patent Complaints

    Pet product companies based in China have sued a New Jersey woman for allegedly making "frivolous" complaints of patent infringement against them, causing retailers to pull their products from shelves.

  • September 18, 2025

    Senate Confirms Squires To Lead USPTO

    The U.S. Senate on Thursday confirmed Dilworth Paxson LLP partner John Squires to serve as the next U.S. Patent and Trademark Office director.

  • September 18, 2025

    Steptoe Adds Jones Day Biotech Patent Pro To NY Office

    Steptoe LLP has bolstered its intellectual property practice with an attorney arriving from Jones Day with multinational experience advising biotech and biopharmaceutical companies on patent issues.

  • September 18, 2025

    Colibri Wants Full Fed. Circ. To Rethink Medtronic Patent Case

    Colibri Heart Valve LLC wants the full Federal Circuit to review a panel's ruling overturning a patent infringement judgment of more than $125 million against Medtronic's CoreValve unit, saying the panel wrongly applied a reading of the law that is too broad.

  • September 18, 2025

    Dorsey & Whitney IP Atty Joins Foley Hoag In Denver

    Foley Hoag LLP announced the addition of its first intellectual property partner in the West with the hire of a longtime Dorsey & Whitney LLP attorney in its fast-growing Denver office.

Expert Analysis

  • Beaming Up Lessons From William Shatner's Failed Patent Bid

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    In a tale that boldly goes where few celebrity inventors have gone before, William Shatner's unsuccessful attempt to patent a smartphone file organization system offers insights about potential pitfalls to avoid in patent applications, say attorneys at King & Spalding.

  • The Pros And Cons Of Levying Value-Based Fees On Patents

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    The potential for a recurring, value-based maintenance fee on patents, while offering some benefits, raises several complications, including that it would likely exceed the U.S. Patent and Trademark Office's statutory authority and reduce research and development activities in the U.S., says Sandip Patel at Marshall Gerstein.

  • Strategies To Get The Most Out Of A Mock Jury Exercise

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    A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Between The Lines Of EPO's Adoption Of Color Drawings

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    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.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    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.

  • 2 Fed. Circ. Rulings Underscore Patent Prosecution Pitfalls

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    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.

  • 7 Document Review Concepts New Attorneys Need To Know

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    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.

  • Fed. Circ. Rulings Refine Patent Claim Construction Standards

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    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.

  • Avoiding Unforced Evidentiary Errors At Trial

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    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.

  • How Value-Based Patent Fees May Shape IP Strategies

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    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.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    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.

  • Using Reissue Applications To Strategically Improve Patents

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    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.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    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.

  • Patent Claim Lessons From Fed. Circ.'s Teva Decision

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    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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