Intellectual Property

  • July 01, 2025

    Judge OKs Perplexity 'Comet' Browser Launch Amid TM Fight

    Perplexity AI can go forward with launching a search engine called "Comet" amid a trademark infringement challenge by Comet ML Inc., but the artificial intelligence giant can't encroach on the other company's market territory, a California federal judge said Monday.

  • July 01, 2025

    Pool Co. Can Sell Off Inventory On Amazon Despite Sales Ban

    A bankrupt swimming pool equipment company can sell off its remaining inventory on Amazon notwithstanding a contempt order that largely bans its Chinese parent company from selling products in the United States, a North Carolina federal judge has ruled.

  • July 01, 2025

    Gilstrap Slams Carmakers And Patent Owner But Allows Stay

    U.S. District Judge Rodney Gilstrap chided two automakers and a company suing over alleged patent infringement for what he said was strategic wasting of the court's resources in the timing of a request to pause the case, but still granted the motion.

  • July 01, 2025

    Groups Urge Fed. Circ. To Stop USPTO Retroactive Denials

    Advocacy groups in the communications, automotive and technology fields have thrown their support behind Motorola's challenge of the U.S. Patent and Trademark Office's decision to retroactively apply a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges.

  • July 01, 2025

    Fed. Circ. Won't Revisit Jepson Claim Ruling In Xencor IP Case

    The Federal Circuit won't rethink the U.S. Patent and Trademark Office's decision rejecting Xencor's application for an antibody patent that used the so-called Jepson claim format.

  • June 30, 2025

    Fed. Circ. Faults PTAB Ax Of Patent On Bausch Eye Drops

    The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly invalidated all the claims of a patent that Bausch & Lomb licenses for its Lumify eye drops, saying the board used an incorrect claim construction when siding with generics maker Slayback Pharma.

  • June 30, 2025

    Allergan Botox Patent Fight Headed To July Trial In Del.

    Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.

  • June 30, 2025

    Genentech Says Biogen Owes $122M Royalties As Trial Opens

    Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.

  • June 30, 2025

    Deja Vu? MGA, T.I. Appear Headed For 4th OMG Doll Trial

    Clifford "T.I." Harris and Tameka "Tiny" Harris may be headed toward a fourth trial against MGA Entertainment Inc. after a California federal judge indicated Monday he might toss a jury's $53.6 million punitive damages award finding the toy giant willfully infringed the OMG Girlz pop group's trade dress.

  • June 30, 2025

    Tillis, Senate IP Leader, Announces Retirement

    The U.S. Senate's leader on intellectual property issues, Sen. Thom Tillis, R-N.C., has announced his retirement shortly after coming out against the Republicans' spending bill, with blowback from President Donald Trump.

  • June 30, 2025

    Supreme Court May Shape Future Of ISP Liability In Cox Case

    The U.S. Supreme Court's decision Monday to take on a $1 billion battle between major music publishers and Cox Communications Inc. could set new liability boundaries for internet service providers that have faced significant damages for allegedly not curbing users who repeatedly download songs illegally.

  • June 30, 2025

    NRA Pushes To Move Florida Lobbyist's Suit To Virginia Court

    The National Rifle Association has asked a Florida federal court to transfer its former longtime lobbyist's lawsuit alleging wrongful use of her image out of state, arguing that she previously agreed to bring any legal actions involving the parties to courts in Virginia.

  • June 30, 2025

    Fed. Circ. Affirms Mixed PTAB Rulings On Computing IP

    The Federal Circuit on Monday backed the Patent Trial and Appeal Board's finding that Amazon was able to show a Swarm Technology computer processing patent was invalid but refused to throw out a separate patent.

  • June 30, 2025

    Suit Over TV Money Resumes With NCAA's NIL Deal In Place

    An antitrust class action that former college athletes have brought demanding a larger share of television revenues from the NCAA is back on, after it was paused in October pending the final approval of a $2.78 billion name, image and likeness settlement between the league and players.

  • June 30, 2025

    Xockets Sues Amazon, Claiming Data Patent Infringement

    Tech startup Xockets Inc. on Monday hit Amazon.com Inc. and Amazon Web Services Inc. with two lawsuits in Texas federal court, claiming infringement of its data processing unit patents that it said are central to advancing artificial intelligence technology.

  • June 30, 2025

    Anthem, Blue Cross Sue Ga. Co. Over Alleged Insurance Scam

    A Georgia healthcare analytics company has been hit with a lawsuit from Blue Cross Blue Shield and Anthem Insurance Cos. accusing the company of infringing the health insurance giants' trademarks by offering bogus policies that have no affiliation with any actually existing plan.

  • June 30, 2025

    Meta Dodges Authors' DMCA Claim In AI Suit

    A California federal judge has granted Meta's request to throw out a Digital Millennium Copyright Act claim in a lawsuit that authors brought to challenge the company's use of their books to train a large language model.

  • June 30, 2025

    Fed. Circ. Won't Revive Beverage Can Patent Claims

    The Federal Circuit on Monday sided with an Ohio federal judge's finding that claims in a pair of Crown Packaging Technology Inc.'s metal beverage can construction patents were invalid, handing a win to competitor Ball Metal.

  • June 30, 2025

    Justices Won't Eye Claim Fed. Circ. Revived Waived Argument

    The U.S. Supreme Court on Monday turned down an appeal from a doctor who argued that the Federal Circuit wrongly upheld the rejection of his application for a patent on a COVID-19 treatment by reviving arguments that he claimed the patent office had waived.

  • June 30, 2025

    Justices Allow Chinese Co. To Access Micron's Code Records

    The U.S. Supreme Court on Monday denied Micron Technology Inc.'s efforts to block a Chinese semiconductor maker from accessing paper copies of sensitive source code during patent infringement litigation.

  • June 30, 2025

    High Court Takes Up $1B Copyright Fight Over ISPs' Liability

    The U.S. Supreme Court on Monday granted a petition for certiorari from Cox Communications Inc. that asked the justices to review a Fourth Circuit's conclusion that telecom companies can be liable for copyright infringement for providing an internet connection that leads to music piracy online.

  • June 27, 2025

    Feds Use Fortress-Backed NPE Suit To Encourage Injunctions

    The federal government acted in line with the administration's strong pro-patent owner policies when, seemingly out of nowhere, it stepped into a little-known Texas patent case and promoted injunctions for nonpracticing entities, attorneys say. But there are suggestions that it may not be so random, as the patent owner may have ties to the nominee for U.S. Patent and Trademark Office director.

  • June 27, 2025

    Biogen, Genentech May Stay Mum On Damages At Trial

    A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."

  • June 27, 2025

    Can AI Kill Human Art? Two Judges Envision Different Futures

    The two federal judges who issued highly anticipated opinions about training generative artificial intelligence models with copyrighted material acknowledged the fear from many that AI could ultimately supplant human-created works, but they had differing views about the probability of such a future.

  • June 27, 2025

    Fed. Circ. Upholds Win For Lyft On Vehicle Monitoring Patents

    The Federal Circuit said it won't undo Lyft's lower court win in litigation where it was accused of infringing a pair of Quartz Auto Technologies LLC patents, rejecting arguments that a judge misinterpreted the patent claims.

Expert Analysis

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • IP, Licensing, M&A Trends To Watch In Life Sciences This Year

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    2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • Fed. Circ. Inherency Ruling Refines Obviousness Framework

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    The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

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