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Intellectual Property
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July 15, 2025
50 Cent Can't Stop Release Of Horror Film, Calif. Judge Rules
50 Cent cannot block the release of Hollywood producer Ryan Kavanaugh's horror film that allegedly uses his name and likeness without a final contract in place, after a California federal judge decided there was evidence suggesting the rapper assented to the parties' agreed-upon terms to do so.
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July 15, 2025
Producer Wants Out Of Suit Over Karol G's Hit 'Gatúbela'
A producer of Colombian singer Karol G's reggaeton hit "Gatúbela" has asked to be let out of a copyright suit from two producers who claim the song's beat was stolen from their song, saying he was improperly lumped in with the other creators of the track without any specificity as to his allegedly infringing activity.
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July 15, 2025
PTAB Knocks Out Claims In 3 Nasal Airway Patents
The Patent Trial and Appeal Board has invalidated a host of claims across a trio of nasal airway treatment patents owned by Aerin Medical, agreeing with challenger Neurent Medical that the claims were obvious.
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July 15, 2025
TikTok, Chinese Co. Dispute Ownership Of Video Editing Tech
TikTok and a Chinese company that accuses it of stealing trade secrets for a video-editing tool and infringing copyrights related to the tool have filed opposing motions for summary judgment, with the social media giant arguing that the plaintiff has not established ownership of the technology in question.
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July 14, 2025
Artists' Expert Can't View Some Material In Stability AI Row
A California federal magistrate judge on Monday blocked artists' expert from accessing the confidential information and source code of Stability AI and other artificial intelligence platforms in copyright infringement litigation, ruling that the expert's work makes him a "functional competitor" of the companies.
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July 14, 2025
Sirius XM Can't Escape WCPA Suit Over Music Royalty Fees
A Washington federal judge allowed Sirius XM subscribers to proceed with their proposed class action alleging the company tricks them into paying a 21.4% per month "U.S. Music Royalty Fee" without describing the charges, ruling Monday they sufficiently allege a claim under the state's consumer protection statute.
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July 14, 2025
'It Is The Same Photo': 9th Circ. Questions Von D's Tattoo Win
A Ninth Circuit panel grappled Monday with tattoo artist Kat Von D's jury win over a photographer who claimed she infringed his copyrighted photo of Miles Davis with a tattoo she inked, with one judge noting the panel disagrees with the jury's finding the two works aren't substantially similar.
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July 14, 2025
Judge Stops Artist's Fight Against Music Co. After Deal
A Texas federal judge has closed a dispute between a Houston hip-hop artist and his longtime business partner over the management of his music production company's funds, following the two agreeing to end the case.
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July 14, 2025
House Committee Proposes Commerce, Science Cuts
A House Appropriations Committee bill released Monday would provide $76.8 billion in funding to agencies including the U.S. Department of Commerce and its subsidiary agencies, representing a 2.8% decrease from the previous fiscal year's budget.
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July 14, 2025
WilmerHale DQed From Representing Verizon In Patent Row
A federal magistrate judge in Texas has disqualified WilmerHale from representing Verizon on the eve of a trial over allegations that the telecommunications company infringed wireless communications patents owned by Headwater Research.
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July 14, 2025
USPTO Acting Director Spurns 'Traditional Knowledge' Treaty
The U.S. Patent and Trademark Office's acting director has come out against an international treaty that could require patent applicants to report if an invention uses the traditional knowledge of indigenous people, suggesting in remarks that such a rule would undermine the global patent system's effectiveness.
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July 14, 2025
Jury Says T-Mobile Owes $2M In 5G Equipment Case
A Texas federal jury has awarded an Irish company $2 million after finding that T-Mobile's use of Ericsson base stations infringed its patent, which T-Mobile's attorneys argued was worth far less than the $245 million the plaintiff was seeking.
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July 14, 2025
Microsoft, OpenAI Ask 9th Circ. To Toss Coders' DMCA Claims
Microsoft and OpenAI have asked the Ninth Circuit to affirm the dismissal of a suit brought by coders who claim that the companies' large language models spit out code almost identical to code they wrote, saying the coders have only alleged hypothetical injuries.
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July 14, 2025
Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent
The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.
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July 14, 2025
J&J Unit Follows Fed. Circ. Win With Schizophrenia Drug Suits
Johnson & Johnson's Janssen subsidiaries have sued Sun Pharma for patent infringement in federal courts in New Jersey and Delaware over the generics maker's plans to market its versions of Janssen's Invega Sustenna drug last week, following Janssen beating a patent challenge for the schizophrenia drug in the Federal Circuit.
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July 14, 2025
Ex-Engineer At Tech Co. IyO Hit With Trade Secrets Suit
Technology company iyO Inc. has alleged in a California state court lawsuit that a former engineer gave confidential company information to the co-founder of competitor io Products Inc., which is currently facing a federal trademark lawsuit alongside its new owner, OpenAI.
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July 14, 2025
DraftKings Escapes Mobile App Patent Suit In NJ
A New Jersey federal judge tossed claims that DraftKings copied patented features of its sports betting and fantasy game mobile application, ruling that the complaint from WinView Inc. failed to describe the alleged infringement.
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July 14, 2025
AI To Spark New Boom In Intangible, IP Assets, WIPO Says
Artificial intelligence is driving a boom in intellectual property rights and other intangible assets, with a recent study showing that investments in software, brands and patents have grown over three times faster than physical assets since 2008.
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July 11, 2025
NCAA's $2.8B NIL Deal Nets Athletes' Firms Over $455M In Fees
A California federal judge Friday approved approximately $455 million in attorney fees for class counsel in the NCAA's $2.78 billion class action settlement that, for the first time, will provide for revenue sharing with college athletes, with additional fees set to roll in annually for 10 years.
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July 11, 2025
Catching Up On Stewart's Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart and a top administrative patent judge issued 15 discretionary denial decisions on Patent Trial and Appeal Board petitions over the past week, across nearly 40 cases. Here's what they decided.
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July 11, 2025
Muhammad Ali Ex-Photog Copyright Verdict Kept Mostly Intact
Muhammad Ali's onetime personal photographer will keep $1.65 million in statutory copyright damages awarded by a jury against a licensing broker, a New York federal judge ruled Thursday, but a profits award must be cut from $750,000 to under $5,000.
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July 11, 2025
4th Circ. Backs 'GT Racing' Gaming Chair Social Media Block
The Fourth Circuit on Friday upheld a lower court's decision blocking gaming chair company Wudi Industrial from using the trademark "GT Racing" in its social media accessible in European countries for certain goods.
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July 11, 2025
Courts Face Early Push To Expand Justices' Injunction Ruling
In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts.
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July 11, 2025
NPE Drops Injunction Bid In Samsung IP Suit Eyed By Feds
A nonpracticing entity has dropped its bid for a preliminary injunction in its patent infringement case against Samsung in eastern Texas federal court, shortly after the federal government made the rare move of expressing interest in the case.
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July 11, 2025
Fed. Circ. Questions Patent Ownership After J&J's $20M Loss
The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.
Expert Analysis
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Patent Prosecution Length Has Surprising Impact On Invalidity
Though practitioners might hypothesize that patents with longer prosecution histories are less likely to have inherent validity problems, a statistical analysis of over 89,000 patents involved in litigation suggests otherwise, say attorneys at Baker Botts.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Reuters Ruling Means For AI Fair Use And Copyright
A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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9th Circ. Draws The Line On Software As A Derivative Work
The Ninth Circuit's recent decision in Oracle International v. Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.