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Intellectual Property
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August 04, 2025
Inventor Sanctioned In Water Meter Patent Case
A Delaware federal judge has sanctioned an attorney and president of a company that sued utility meter reading company Mueller Systems for patent infringement, blocking him from reading any material in the case designated for attorneys' eyes only.
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August 04, 2025
Judge Newman Contests Suspension Renewal At DC Circ.
The Federal Circuit's recent recommendation to continue U.S. Circuit Judge Pauline Newman's suspension makes clear her colleagues are looking to permanently remove her, the judge's attorney told the D.C. Circuit Monday.
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August 04, 2025
Trial Called Off After Judge Partly Clears Apple In Fintiv Row
Western District of Texas Judge Alan Albright called off a trial scheduled for Monday in Fintiv Inc.'s long-running mobile wallet patent case against Apple Inc., after he cleared Apple of infringing some claims and Fintiv opted to appeal rather than putting the remaining claims before a jury.
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August 04, 2025
'Cardiac Pack' Says Ohio NIL Ruling Doesn't Apply To NC Suit
The end of a name, image and likeness lawsuit in Ohio has little bearing on a suit filed against the National Collegiate Athletic Association in the Tar Heel State, a group of former collegiate basketball players have told the North Carolina Business Court.
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August 04, 2025
Jimmy Page, Songwriter Resolve 'Dazed And Confused' Suit
A settlement has been reached in a lawsuit brought by an American songwriter who accused Led Zeppelin guitarist Jimmy Page of infringing his copyright on "Dazed and Confused" and improperly collecting licensing fees after the song was used in the documentary "Becoming Led Zeppelin."
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August 04, 2025
Apple Wins Challenge To Denial Of AR Software Trademarks
A Virginia federal judge has granted Apple's bid to undo a Trademark Trial and Appeal Board decision denying the tech giant's attempt to register trademarks related to augmented reality software, saying the would-be marks have acquired enough secondary meaning.
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August 04, 2025
Apple Hits 'Apple Cinemas' With TM Suit Amid Expansion
Apple Inc. has sued a movie theater chain called Apple Cinemas in Massachusetts federal court over trademark infringement claims, saying the cinema brand has expanded to the tech giant's backyard by opening in a historic theater location in San Francisco.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.
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August 04, 2025
Seyfarth Lands BakerHostetler IP Pro In Atlanta
Seyfarth Shaw LLP said Monday that it has added a patent attorney from BakerHostetler to bolster its capacity to handle cases involving artificial intelligence, machine learning, telecommunication technology and related matters.
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August 04, 2025
Moderna Seeks To Be Cleared In $5B COVID Vax Patent Case
Moderna has urged a Delaware federal judge to clear it in a rival mRNA developer's $5 billion patent suit over the company's COVID-19 vaccines, saying it is shielded because it made them for the federal government.
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August 04, 2025
Rising Star: Sidley's Sue Wang
Sue Wang of Sidley Austin LLP has amassed numerous wins for name brand biologics companies and drugmakers — including representing Amgen in multidistrict litigation and notching a multimillion-dollar verdict for Bayer — earning her a spot among the intellectual property practitioners under age 40 honored by Law360 as Rising Stars.
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August 04, 2025
Anthropic Asks 9th Circ. To Review Authors' Class Cert.
Anthropic PBC has asked the Ninth Circuit to review a California federal judge's class certification of a group of authors suing over use of their books to train artificial intelligence, saying the judge had rushed to approve a class of nearly seven million potential claimants.
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August 04, 2025
Utah Mammoth NHL Team Sues Bag Maker To Defend TM
The National Hockey League's newly formed Utah Mammoth team has sued a bag company bearing a similar name to end the disagreement over its trademark claims on the moniker, arguing the marks are too different to cause confusion.
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
IP Owners Largely Win In Stewart's Newest Discretion Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.
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August 01, 2025
Jury Clears Media Measurement Co. In Nielsen Patent Suit
A federal jury in Delaware on Friday cleared media measurement platform HyphaMetrics of claims that it infringed a pair of patents owned by television ratings business Nielsen relating to image processing and identifying media devices.
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August 01, 2025
NFL Swipes At Attorney Seeking Unlicensed Merch Sales
The merchandising arm of the NFL told a New York federal court the request for sanctions from an attorney suing the league in hopes of dismantling its licensing system is out of line and a way to prolong his "frivolous and vexatious" case.
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August 01, 2025
Lego Wins Bid To Halt Toy Co. Sales Of Copycat Figurines
After convincing a Connecticut federal judge that it was facing irreparable harm, Danish toy giant Lego has secured a permanent injunction barring a California-based distributor from selling products that mimic its figurines and play sets.
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August 01, 2025
USPTO Tightens Rules On Patent Challengers' Arguments
Patent challengers at the Patent Trial and Appeal Board will no longer be able to skirt a requirement that they must identify where all the elements of the patent are found in prior art patents or printed publications, according to a notice from the U.S. Patent and Trademark Office.
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August 01, 2025
Fed. Circ. Bugged By Injunction In Insecticide Patent Dispute
The Federal Circuit on Friday scrubbed a preliminary injunction blocking a company from selling an insecticide product while a competitor's patent infringement case proceeded against it, faulting a lower court's claim construction and patent validity analysis.
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August 01, 2025
Swimsuit Biz Sues Chris Brown Over 'Breezy Bowl' Tour Name
Miami swimsuit company Breezy Swimwear Inc. has sued singer Chris Brown and several companies affiliated with his "Breezy Bowl XX" tour, claiming they used "copycat branding" that created a risk of confusion among consumers.
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August 01, 2025
Full Fed. Circ. Won't Eye Effect Of PTAB Ax In Groupon Case
The full Federal Circuit on Friday rejected Groupon's request for review of a decision that allowed a patent suit against it to proceed on some claims after similar ones were invalidated in an inter partes review, although two dissenting judges said the holding undermines the America Invents Act.
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August 01, 2025
Lamborghini Says Trade Secrets Case Best Heard In Italy
Lamborghini has told a Texas federal court that a case brought by an Italian auto racing engineering firm alleging the sports carmaker stole steering wheel trade secrets is best left to Italian courts and is part of a long-running business dispute in that country.
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August 01, 2025
Fed. Circ. Won't Move Fintiv, Apple Trial Date
The Federal Circuit on Friday denied Fintiv Inc.'s request to delay its Monday trial against Apple over a patent for storing virtual credit cards on mobile devices for contactless payments.
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August 01, 2025
Chancery Rules Gallagher Owes $50M In 'Earnout' Suit
An Arthur J. Gallagher & Co. subsidiary breached a contract by withholding $50 million owed to a patent insurance and underwriting venture under first-year terms of a three-year merger and earnout deal, a Delaware vice chancellor has found.
Expert Analysis
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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.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues
The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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IRhythm IPR Denial Raises Key PTAB Discretion Questions
By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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Opinion
IPR Denial In IRhythm Should Not Set A Blanket Rule
Though the Patent Trial and Appeal Board's discretionary denial in iRhythm v. Welch Allyn last month raised concerns that mere knowledge of a patent could bar inter partes review institution, a closer look at the facts and reasoning reveals why this case's holdings should not be reflexively applied to all petitioners, says David McCombs at Haynes Boone.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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Opinion
Subject Matter Eligibility Test Should Return To Preemption
Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.