Intellectual Property

  • July 22, 2025

    IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud

    The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.

  • July 22, 2025

    USPTO Employee Held In China Amid Visa Disclosure Dispute

    The U.S. State Department said Tuesday it is speaking with Chinese government officials about a U.S. Patent and Trademark Office employee who is being prevented from leaving the country.

  • July 22, 2025

    Ex-Mich. Players Say Ohio Ruling Can't Sink $50M NIL Suit

    Former University of Michigan football players have told the court the NCAA and the Big Ten Conference cannot use a similar case in Ohio to escape the players' antitrust suit accusing the defendants of monopolizing profits and depriving athletes of their fair share.

  • July 22, 2025

    SAP Sues Startup For IP Infringement Amid US Antitrust Suit

    German software giant SAP SE has sued a smaller rival for patent infringement in Europe's patent court, as it defends against U.S. claims that it is pushing the competitor out of the vaguely defined market for business process analysis service.

  • July 22, 2025

    4th Circ. Affirms $190M Trademark Verdict Against Vivint

    Smart home software company Vivint on Tuesday lost its appeal seeking to overturn a nearly $190 million verdict in which a North Carolina jury found it liable for deceiving customers of a rival local security company, with the Fourth Circuit finding there was enough evidence to support the award.

  • July 22, 2025

    OpenAI Scores TM Win Against Open Artificial Intelligence Co.

    A California federal judge has granted OpenAI Inc. a win in a trademark infringement case it brought against a company with a similar name, finding the other company had made misrepresentations to the U.S. Patent and Trademark Office.

  • July 22, 2025

    Pillsbury Adds Technology IP Litigator From Goodwin

    Pillsbury Winthrop Shaw Pittman LLP announced Monday that a former Goodwin Procter LLP technology intellectual property law partner has joined the firm's New York office.

  • July 22, 2025

    Native Groups Reject Trump's Call For Old Team Names

    Two Native American advocacy groups are condemning President Donald Trump's threat to kill a $3 billion plan for the new Washington Commanders stadium if the NFL team's former name isn't reinstated, saying Indigenous cultures are not past relics, mascots or forms of entertainment.

  • July 22, 2025

    EU Deepens Look Into Universal Music $775M Downtown Deal

    European Union antitrust enforcers kicked off an in-depth probe Tuesday into Universal Music Group's bid to buy Downtown Music Holdings, raising concerns that the $775 million transaction could give UMG access to the "commercially sensitive data of its rival record labels" held by Downtown.

  • July 21, 2025

    Intel, VLSI Clash Over Ownership Verdict Effect In Patent Fight

    VLSI Technology argued Monday that a federal jury's finding that Fortress Investment Group controls it and Finjan Holdings doesn't save Intel Corp. from a patent infringement case against the technology giant, while Intel asserted the exact opposite.

  • July 21, 2025

    Novartis Can't Block Generic Entresto Amid TM Feud Appeal

    The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.

  • July 21, 2025

    Perplexity Says 'Comet' Marks Should Be Axed For Fraud

    Perplexity AI, the maker of the "Comet" search engine, fired off a counterattack against Comet ML's trademark infringement suit, asking a California federal judge Friday to cancel the software company's "comet" registrations over concerns they were fraudulently procured.

  • July 21, 2025

    Copyright And TM Cases To Watch In The Second Half Of 2025

    The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.

  • July 21, 2025

    USPTO Standardizes Timeline For Setting PTAB Filing Dates

    The U.S. Patent and Trademark Office announced Friday that it will now issue orders establishing the filing dates of Patent Trial and Appeal Board petitions within 14 days of the filings, saying that will provide more clarity about the deadlines in each case.

  • July 21, 2025

    PTAB Head Judge Reverses Grant Of Samsung, Google IPRs

    A head Patent Trial and Appeal Board judge on Thursday reversed panel decisions that had agreed to review patents challenged by Samsung and Google, saying that the pace of related district court proceedings favored skipping the petitions from the big technology companies.

  • July 21, 2025

    Sens. Float Bill To Protect Against AI Data Piracy

    Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.

  • July 21, 2025

    Ex-Judges Call SAP Hypocritical In 'Self-Serving' Fintiv Appeal

    Retired Federal Circuit Judges Randall Rader and Kathleen O'Malley are urging their former court to reject SAP America Inc.'s challenge to how the U.S. Patent and Trademark Office is implementing new policies, saying the agency is acting within its limits and that SAP is selfishly contradicting arguments it previously made at the U.S. Supreme Court.

  • July 21, 2025

    Ky. AG Sues Temu For 'Stealing' User Data

    Kentucky Attorney General Russell Coleman has brought a lawsuit in state court against Chinese bargain-shopping app Temu, accusing it of illegally "stealing" customer data without their knowledge and allowing the Chinese Communist Party to access the information.

  • July 21, 2025

    Jury Axes Patent In Fight Between Railcar Scale Cos.

    A Houston federal jury has cleared a company that services scales for railroad cars of infringing 15 claims in a patent suit brought by a competitor, saying the patent was invalid because it was obvious and anticipated through prior art.

  • July 21, 2025

    Microsoft Gets PTAB To Knock Out 2 Proxense Patents

    The Patent Trial and Appeal Board has found that Microsoft was able to prove that all the claims across two patents owned by an Oregon startup that has sued the technology giant for infringement were invalid.

  • July 21, 2025

    NCAA Says Ohio NIL Case Ruling Ends NC Spat

    The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.

  • July 21, 2025

    GlobalFoundries Faces $9.2M Verdict In Chip Patent Trial

    A Texas federal jury has found that semiconductor maker GlobalFoundries Inc. infringed a patent belonging to Texas-based competitor Katana Silicon Technologies LLC and owes $9.2 million.

  • July 21, 2025

    Fed. Circ. Affirms Motorola Win In Camera Patent Suit

    A prominent Taiwanese manufacturer of smartphone camera lenses has failed to convince the Federal Circuit that the Patent Trial and Appeal Board wrongly found one of its patents challenged by Motorola to be invalid.

  • July 21, 2025

    Baker McKenzie Brings Back IP Ace In Dallas

    Baker McKenzie announced Monday that it has fortified its intellectual property offerings in Dallas with a partner who is rejoining the firm from Forrest Weldon Law Group LLP.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

Expert Analysis

  • 4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP

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    Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • What Businesses Need To Know About EU Design Law Reform

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    Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.

  • Berry Ruling Shows Why Plant IP Suits Can Be Thorny

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    A California federal court's recent decision in Driscoll's v. California Berry Cultivars illustrates that while a path exists for asserting U.S. plant patent rights against extraterritorial breeders, it can be difficult to prove infringement based on importation of plant parts, say Travis Bliss and Stephany Small at Panitch Schwarze.

  • 7 Considerations For Conducting Drug Clinical Trials Abroad

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    With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • Best Practices For Companies Integrating Existing IP With AI

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    Some copyright owners are exploring how they can make new content by combining their existing intellectual property assets with generative artificial intelligence, and although these initiatives can serve multiple business goals, those considering such practices should be aware they are entering largely uncharted waters, says Josh Weigensberg at Pryor Cashman.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • How Athletes Can Protect Their Signature Celebrations As IP

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    As copyright and trademark law adapts to short-form choreography and dynamic media, athletes and their business partners have new tools to protect the intellectual property embedded in their unique dances, poses and celebrations, say attorneys at Debevoise.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

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    Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Vape IP Ruling Shows Stark Contrast Between ITC And Courts

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    The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

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