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Intellectual Property
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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
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 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.
Expert Analysis
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Tips For Business Users After 2 Key AI Copyright Decisions
Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Copyright Takeaways From 2 Calif. GenAI Rulings
Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.
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Opinion
Juries Are Key In Protecting The Rule Of Law
Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Brand Protection Takeaways From OpenAI Trademark Case
The ongoing battle between IYO and OpenAI offers critical lessons on diligent trademark enforcement and proactive risk management for startups and established players alike navigating branding in the rapidly evolving artificial intelligence sector, say attorneys at Dykema.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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IP Due Diligence Tips For AI Assets In M&A Transactions
Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Opinion
New USPTO Leadership Must Address Low-Quality Patents
With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.
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Opinion
High Court Must Overrule Outdated Patent Eligibility Doctrine
A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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The State Of AI Adoption In The Patent Field
The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.