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Intellectual Property
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Featured
Who Owns A Beat? The Dispute Over Reggaeton's Core Sound
The origin of the rhythm that underpins much of reggaeton music is at the center of a copyright lawsuit from Jamaican artists who claim a loop from an instrumental song they released in 1989 has become foundational to reggaeton, which thousands of songs have copied without permission.
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August 25, 2025
UMG Fights Salt-N-Pepa's IP Suit Over Masters
UMG Recordings Inc. urged a New York federal court Friday to toss Salt-N-Pepa's suit demanding the copyrights for several of their hip-hop hits, including "Push It" and "Let's Talk About Sex," arguing the artists can't terminate UMG's grant of rights, and even if they could, UMG can still exploit derivative remixes.
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August 25, 2025
Oura Gets ITC To Bar Infringing Smart Ring Imports
The U.S. International Trade Commission has blocked smart ring makers Ultrahuman and RingConn from importing products it found infringed an Ouraring Inc. wearable computing device patent.
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August 25, 2025
Crypto Gaming Co. Says Musk's AI Startup Used Its Marks
A blockchain-focused gaming firm has sued Elon Musk's xAI for infringing on its XAI trademark, accusing the artificial intelligence venture of sewing confusion among consumers and attempting to "bully" the crypto firm into signing off on the use of similar marks.
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August 25, 2025
Generic Drugs Group Asks 9th Circ. To Nix Pay-For-Delay Law
A trade group for generic drugmakers urged the Ninth Circuit to fully scrap a California law banning brand pharmaceutical companies from paying to delay generics competition, in a brief targeting both the law's in-state features upheld by a district court and the extraterritorial reach the state wants revived.
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August 25, 2025
Judge Refuses To Bar NC BBQ Joint From Selling Sauces
A North Carolina federal judge has declined to block a chain of barbecue restaurants from selling its sauces and rubs through third-party retailers, saying the company that runs its sister restaurants had not shown that it will suffer irreparable harm without an injunction.
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August 25, 2025
3rd Circ. Again Rejects Atty's Fee Row With Pierce Bainbridge
The Third Circuit on Monday denied Philadelphia attorney Bruce Chasan a third chance to litigate a long-running fee dispute with Pierce Bainbridge Beck Price & Hecht LLP over a client who unsuccessfully sued Microsoft over allegedly stealing his image for a video game.
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August 25, 2025
Delaware Jury Clears Anker In Charger Patent Trial
A Delaware federal jury has cleared Chinese electronics manufacturer Anker of allegations that it infringed two power converter patents with its charger products, while also finding that claims in the patents were invalid.
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August 25, 2025
Apparel Co. Urges Justices To Review Foreign-Word TM Rule
An apparel company has asked the U.S. Supreme Court to review a Federal Circuit ruling that found "Vetements" cannot be a registered trademark because it's generic as the French word for clothes, telling justices that a non-English mark's protectability should be dictated by consumer perception rather than its translation.
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August 22, 2025
Apple Says Ex-Employee Stole Watch Secrets For Oppo
Apple is going after a former employee on its Apple Watch team in a California federal lawsuit, claiming he stole trade secrets related to the wearable device to share with his new employer, Chinese phone maker Oppo.
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August 22, 2025
Newman Given Potential Lifeline In Suspension Appeal Loss
While the D.C. Circuit on Friday declined to revive Federal Circuit Judge Pauline Newman's lawsuit challenging her suspension, experts said the court provided an opening for her to seek further review, by suggesting that the precedent limiting the arguments available to her may be flawed.
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August 22, 2025
USPTO Allows Discretionary Denials For 3-Year-Old Patents
A top Patent Trial and Appeal Board judge Friday rejected challenges to GenghisComm Holdings LLC patents issued as recently as 2022, as part of the three discretionary review decisions issued over the last week.
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August 22, 2025
Amazon Doesn't Let Viewers Keep Movies They 'Buy,' Suit Says
Amazon has been hit with a proposed class action in Washington federal court claiming the company deceptively "sells" movies on Amazon Prime Video without disclosing to consumers that its limited digital license to any audiovisual work might be inaccessible down the line.
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August 22, 2025
BJ's, Five Guys Ripped Off Digital Ordering Patent, Suits Say
Five Guys, BJ's and other chain restaurants have been sued in Texas federal court by Smart Order LLC, which alleges that the eateries are infringing its patent covering online customer purchasing systems available through mobile apps or in-store kiosks for curbside pickup or scheduled preorders that help cut down on waiting times.
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August 22, 2025
Fed. Circ. Keeps Verdict Intact In Pro Se IP Trial
A truck mudflap entrepreneur who won a patent infringement trial representing himself failed to convince the Federal Circuit on Friday to rethink affirming a lower court's judgment against a rival company that he said would have been more favorable to him absent a "fraud" on the court.
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August 22, 2025
Missy Elliott Settles Copyright Dispute With Producer Pretrial
Rapper and songwriter Missy Elliott and a producer who claims to be a joint author of some of her music resolved their copyright dispute minutes before a jury was to be selected, a Pennsylvania federal judge told potential jurors Friday morning.
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August 22, 2025
OpenAI Wants $10M In Atty Fees After Win In Trademark Case
After winning a trademark case last month, OpenAI has asked a California federal judge to order a company with a similar name to pay almost $10 million in attorney fees, saying the other litigant had "extraordinarily weak positions" and used unreasonable legal tactics.
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August 22, 2025
Motorola Wins Contempt Order Over Hytera Subsidiary Sale
An Illinois federal judge issued a contempt order against Hytera Communications on Friday, granting Motorola's request after its Chinese rival sold a subsidiary for €75.5 million while owing Motorola $489 million for a trade secrets theft judgment and under a court-ordered prohibition on transferring assets.
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August 22, 2025
1st Circ. Says Muralist Filed Copyright Case Too Late
The First Circuit has affirmed the dismissal of a copyright infringement lawsuit that a muralist had brought against the organizers of a Massachusetts state fair over promotional videos for the event that used her artwork without crediting her, finding that even though this was the third time she sued, a federal district court was right to declare her latest claims time-barred.
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August 22, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen football manager Bruno Lage sue the owner of Olympique Lyonnais and Botafogo football clubs, luxury fashion brand Christian Dior Couture target a jewelry business trading under the same name, and a Russian motorsports promoter take action against Formula One after it canceled its Russian Grand Prix in 2022.
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August 22, 2025
'Gorilla Mind' Energy Drink Can't Block Rival Amid TM Suit
A company that sells energy drinks and dietary supplements called "Gorilla Mind" lost its bid to block a rival from selling energy drink products with the word "Gorilla" while its trademark infringement suit plays out in California federal court.
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August 22, 2025
DC Circ. Leaves Judge Newman's Suspension Intact
The D.C. Circuit on Friday affirmed the dismissal of 98-year-old Federal Circuit Judge Pauline Newman's lawsuit against her colleagues for barring her from hearing cases, holding that she failed to show that the statute that was used to suspend her is unconstitutional.
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August 22, 2025
UK Launches Formal Probe Into Getty-Shutterstock Merger
Britain's antitrust authority said Friday that it has launched a formal investigation into the proposed merger of Getty Images and Shutterstock, which would create a $3.7 billion visual content company, to decide whether it will harm competition in U.K. markets.
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August 21, 2025
Cannabis Cos. Face $2.9M IT Judgment After Unable To Pay Attys
Subsidiaries of Canadian cannabis company Halo Collective Inc. were hit with a nearly $2.9 million judgment over claims that they infringed on a Colorado-based firm's patents, losing the litigation after their attorneys withdrew because they could "no longer pay."
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August 21, 2025
Aerospace Co. Must Face Ex-Exec's Claim Of Wrongful Firing
A New Jersey federal judge cut defamation claims brought against an aerospace hardware company by its former president on Thursday, but allowed his wrongful-termination claims to proceed, finding that he sufficiently pled a causal connection between his protected whistleblowing activities and his firing.
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August 21, 2025
UPenn Gene Therapy Patent Survives Sarepta's PTAB Challenge
The Patent Trial and Appeal Board on Thursday declined to wipe out a claim in a University of Pennsylvania gene therapy patent, denying a win to Sarepta Therapeutics Inc., which is fighting an infringement case in Delaware federal court.
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.