Intellectual Property

  • July 10, 2025

    Florida Restaurateur Can't Get Shrimp TM, Fed. Circ. Affirms

    The Federal Circuit on Thursday refused to revive an author and restaurateur's bid to register a trademark for "Yucatán Shrimp" at his Florida eatery named after his crime novels, backing the U.S. Patent and Trademark Office's finding that the mark would be merely descriptive.

  • July 10, 2025

    AT&T's $181M Patent Loss Gets Tough Look At Fed. Circ.

    A Federal Circuit panel had hard questions for an attorney looking to safeguard Finesse Wireless' $181 million verdict against AT&T and Nokia for infringing a pair of radio interference patents, with one judge in particular seemingly taking issue Thursday with the infringement findings. 

  • July 10, 2025

    College Apparel Co. Seeks New Trial In Penn State TM Case

    A print-on-demand company that was permanently barred from using The Pennsylvania State University's name or logos asked a federal judge for a new trademark infringement trial, saying the verdict form at the first trial was confusing to the jury and the university's evidence had not shown it used the marks illegally.

  • July 10, 2025

    Calif. Vape Co. Drops Claims Over Allegedly Counterfeit G Pen

    California-based GS Holistic LLC has reached a deal with a Michigan smoke shop that will end claims the retailer was selling counterfeit versions of its G Pen e-cigarettes without authorization at a fraction of the price, according to a notice issued by a federal judge.

  • July 10, 2025

    Fed. Circ. Judges Get Tough With Phillips 66 In Retrial Spat

    The Federal Circuit tangled with Phillips 66 on Wednesday over the "talismanic significance" of a lower court judge declaring the oil and gas giant had made prejudicial arguments in an infringement case over oil refinery patents.

  • July 10, 2025

    11th Circ. Revives Case Over $3.1M Glassware Verdict Debt

    The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.

  • July 10, 2025

    Jazz Looks To Block Avadel From Asking For Sleep Drug OK

    Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.

  • July 10, 2025

    Sony, Baseball Coach Settle TM Suit Over Video Game

    The Future Stars Series baseball training program has settled a lawsuit with Sony that accused the media giant of stealing its name and using it for an MLB video game.

  • July 10, 2025

    Judge Clears Karol G, Dutch DJ Of Song Ripoff Allegations

    A Florida federal judge has tossed claims from flautist and composer René Lorente alleging Colombian singer Karol G and Dutch DJ Tiësto's song "Don't Be Shy" copied elements of one of his songs, doubting the testimony of Lorente's expert witness.

  • July 10, 2025

    Airline Mogul Resolves Hacking Case Against NC Investigator

    Aviation executive Farhad Azima has resolved his long-running lawsuit accusing a North Carolina private investigator of leaking his emails as part of an international hacking conspiracy, according to a joint motion dropping the case filed in federal court.

  • July 10, 2025

    Nutter Atty Promoted To Firm's GC Role

    Nutter McClennen & Fish LLP has picked its assistant firm counsel, who previously worked at Ropes & Gray LLP, as its new general counsel, the firm announced.

  • July 09, 2025

    Alaska Airlines Seeks Delta Discovery For TM Feud In UK

    Alaska Airlines asked a Georgia federal judge to allow it to take discovery from Delta Airlines on Wednesday for use in a U.K. court case against Virgin Group, which Alaska said is trying to charge it millions of dollars so that Alaska's rivals can use the Virgin brand.

  • July 09, 2025

    J&J Unit Owes $76.6M For Ending AI Tissue Imaging Deal

    A New York federal judge held Tuesday that Johnson & Johnson's Ethicon unit owes ChemImage Corp. $76.6 million after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques, adopting a 17% discount rate on intellectual property impairment damages proposed by ChemImage as opposed to Ethicon's proposed 40% rate.

  • July 09, 2025

    USPTO Defends Termination Of Art Project Patent App

    The U.S. Patent and Trademark Office on Wednesday defended its decision to sanction an art kit company that hired a patent services business that used a licensed practitioner's signature in a patent application without permission, saying it had the authority to terminate the application.

  • July 09, 2025

    Law Firm Sues Over 'Spartan Law' Trademark Dispute

    A Georgia law firm has filed suit against a California attorney who purports to own the trademark for "Spartan Law" in association with legal services, alleging that he threatened to sue the firm for trademark infringement despite it not being liable for any.

  • July 09, 2025

    T.I.'s Big Punitive Damages Win Cut To $1, Teeing Up 4th Trial

    A California federal judge has reduced a jury's $53.6 million punitive damages award for rapper T.I. and his wife, singer Tameka "Tiny" Harris, to a $1 remitter, setting up a fourth trial in the trademark infringement case if the Harrises don't accept the remitter, which they have already said they will decline.

  • July 09, 2025

    8th Circ. Finds 'Chicken Coop' Trade Secrets Fight Can't Fly

    The Eighth Circuit will not reinstate an Iowa restaurant operator's lawsuit seeking a declaration that it did not misappropriate the trade secrets of another restaurant of the same name in Nebraska, saying there is no federal question that federal courts can answer.

  • July 09, 2025

    Microsoft IT Supplier's Suit May Be Doomed, 9th Circ. Hints

    A Ninth Circuit panel picked apart a cybersecurity firm's appeal Wednesday in a case accusing Microsoft of misusing a proprietary database of login credentials recovered on the dark web, with one judge remarking that the conduct in question was "expressly permitted" by the parties' agreement.

  • July 09, 2025

    Ticketing Service Drops Patent Suits Against Cowboys, Chiefs

    A ticketing service on Tuesday voluntarily dropped its patent suits against the Dallas Cowboys and the Kansas City Chiefs after a Texas federal judge dismissed without prejudice a similar suit targeting the Houston Texans.

  • July 09, 2025

    Fed. Circ. Cements Arthrex PTAB Wins Over Medical Device IP

    The Federal Circuit on Wednesday affirmed without explanation decisions from the Patent Trial and Appeal Board invalidating claims in a group of medical device patents challenged by Arthrex Inc.

  • July 09, 2025

    4th Circ. Rejects Machinery Co.'s 3rd Try At Trade Secrets Suit

    The Fourth Circuit on Wednesday shot down a Taiwanese manufacturer's third attempt to pursue claims of trade secrets theft against its North Carolina distributor, rebuffing the idea that a manufacturer can hold distributors liable for misappropriation if they sell a rival's product.

  • July 09, 2025

    Calif. Atty Drops Out Of Class Action Against Avvo Inc.

    One of two attorneys leveling a class action against online legal service provider Avvo Inc. over allegations it misappropriated the identities of more than 1 million attorneys to promote its legal marketing tools and referral services has moved to drop her claims.

  • July 09, 2025

    10th Circ. Won't Rule On Immunity In Dental Dispute

    The Tenth Circuit has declined to grant a dental products company immunity from a rival's defamation claims, saying it can't yet rule on the issue since the district court's denial of immunity did not turn on a legal question.

  • July 09, 2025

    Fed. Circ. Snubs Samsung's Bid To Ship Texas Patent Case

    The Federal Circuit on Wednesday shot down Samsung's attempt to send to California a lawsuit claiming its products such as smartphones and tablets infringe a variety of Mullen Industries LLC patents, leaving in place Eastern District of Texas Judge Rodney Gilstrap's denial of the transfer bid.

  • July 08, 2025

    IRhythm Argues Patent Owner's Inaction Shouldn't Doom IPRs

    A heart monitoring company told the acting U.S. Patent and Trademark Office director that it shouldn't be barred from challenging a patent just because the company had known about it for 12 years, especially when the owner didn't assert it during that time.

Expert Analysis

  • Unpacking USPTO Foreign Fraudulent Trademark Crackdown

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    The recent show cause order issued by the U.S. Patent and Trademark Office to Shenzhen Seller Growth Network Technology Co. Ltd. and its affiliates could lead to the cancellation of approximately 42,000 trademark registrations, highlighting the necessity of heightened vigilance in vetting foreign trademark filings, says Judy Yen at Omnus Law.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • How Patent Prosecution Length Affects Infringement Findings

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    A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.

  • Takeaways From Gov't Report On AI Copyrightability

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    A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • 3 Red Flags To Watch For When Valuing Patent Portfolios

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    As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

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