Intellectual Property

  • October 08, 2025

    GoPro Owes $174M For Infringing Video Camera IP, Jury Hears

    GoPro Inc. infringed Contour IP Holding LLC's patented video camera technology and should pay $174 million in damages, Contour's counsel told a California federal jury during closing trial arguments Wednesday, while GoPro's attorney countered that the action cam maker didn't infringe because it actually invented the technology first.

  • October 08, 2025

    Golf Execs Deny Discrediting Jack Nicklaus In NY Lawsuit

    Two executives with the company named after Jack Nicklaus testified in Florida state court on Wednesday that they played no role in providing defamatory statements in a New York lawsuit against the golf legend, denying that they also forwarded false claims to reporters and were involved with filing the complaint.

  • October 08, 2025

    Senate IP Leader Plans Push To Pass Patent Eligibility Bill

    Sen. Thom Tillis, R-N.C., the leader of the Senate's intellectual property subcommittee, said Wednesday that before he leaves Congress in just over a year, one of his primary goals will be to advance his long-gestating bill to make more inventions eligible for patents.

  • October 08, 2025

    OpenAI Says Copyright Case Isn't About AI Outputs

    OpenAI told a Manhattan federal judge Wednesday that a group of authors should not be allowed to argue that ChatGPT spits out summaries or verbatim portions of their books in a copyright infringement case, saying this is an additional theory of infringement that would make discovery more onerous than it already is.

  • October 08, 2025

    GSK Doesn't Have To Explain COVID Vax Claims For Moderna

    The special master in GlaxoSmithKline's infringement suit targeting Moderna's COVID-19 vaccines has rejected Moderna's push for GSK to provide more detailed allegations, in an order made public Wednesday.

  • October 08, 2025

    Del. Judge May Have Mallinckrodt Choose: Injunction Or $10M

    A Delaware federal judge said he might ask Mallinckrodt Pharmaceuticals to choose between getting a competitor's inhaled nitric oxide treatment enjoined, or receiving the entire $9.5 million a jury determined it's owed for infringement.

  • October 08, 2025

    3rd Circ. Upholds Ruling In Debt Collector's Trade Secrets Suit

    A Third Circuit let stand a ruling that work passwords are not trade secrets and that the Computer Fraud and Abuse Act is inapplicable to workplace policy violations in an appeal from a debt collection company suing two former employees.

  • October 08, 2025

    PTAB's Petitions Data Shows Decrease In Multiple Challenges

    The Patent Trial and Appeal Board has adjusted the way it calculates how many patents are subject to repeated scrutiny, a pet issue of agency leadership, releasing data Wednesday that says over half of challenges are "one of multiple petitions" filed against the same patent.

  • October 08, 2025

    Death Wish Brews Up TM Suit Against Liquid Death's Coffee

    Death Wish Coffee sued Liquid Death in California federal court Tuesday to stop it from launching rival coffee beverages that would bear infringing "Death" trademarks, arguing the trade dress similarities have already been noticed by media outlets that highlighted the companies' "nearly identical aesthetic" and "shared death-themed" branding.

  • October 08, 2025

    Judge Rejects Feds' Bid To Reassign USPTO Union Cases

    A D.C. federal judge has rejected the Trump administration's claim that suits by unions representing employees of the U.S. Patent and Trademark Office challenging an executive order ending their collective bargaining rights are not related to similar cases before him.

  • October 08, 2025

    The Legal Advocacy Behind Fan Fiction's Biggest Site

    A nonprofit that appears on the docket as a friend of the court in some of the most important copyright cases at the U.S. Supreme Court and federal appeals courts is also responsible for running one of the largest fan fiction sites on the internet.

  • October 08, 2025

    Teen Owes $50K In Video Game Hacking Case

    A Canadian teenager who was accused of hacking the online video game Rec Room, harassing other users and thwarting bans has agreed to stay off the game and pay $50,000 to end a civil suit in Washington federal court brought by the game's developers.

  • October 08, 2025

    Fox Wins $5.8M Judgment In Mexican Media Co. IP Dispute

    A New York federal judge on Wednesday awarded Fox Corp. $5.8 million from the leader of a Mexican media company as part of a lawsuit alleging that Fox's trademarks were wrongly being used in the country.

  • October 08, 2025

    Micron Files Patent Case In Calif. Day After Hit With Texas Suit

    Chinese chipmaker Yangtze Memory Technologies Company Ltd. has accused Micron Technology Inc. of infringing a series of patents related to computer memory, prompting Micron to respond with its own suit asserting that it didn't infringe the patents. 

  • October 08, 2025

    Ex-Teva Counsel Joins Moore & Van Allen's IP Team

    An attorney who provided in-house counsel for Teva Pharmaceuticals for 10 years has moved back to private practice and joined Moore & Van Allen PLLC's Charlotte, North Carolina, office.

  • October 07, 2025

    Fed. Circ. Talks Judge Denzel Washington, AI Susan Sarandon

    More than half of the Federal Circuit's judges were in Boston on Tuesday conducting out-of-town oral arguments, and afterward they discussed the most concerning and most promising elements of artificial intelligence, how to write a good brief, why en banc hearings are rare and which celebrities they'd love to see on a panel.

  • October 07, 2025

    Chobani Says Coffee Rival Can't Claim 'Bright & Mellow' TM

    Chobani on Monday urged a New York federal court to throw out rival Danone's unregistered trademark infringement suit over use of the phrase "Bright & Mellow" to market ready-to-drink coffee, arguing that Danone contends "it alone" may use those "ordinary adjectives."

  • October 07, 2025

    Fed. Circ. Focuses On Breadth Of UPenn IP In Eligibility Fight

    The University of Pennsylvania and Regenxbio Inc. on Tuesday tried to persuade a Federal Circuit panel that their gene therapy patent should be revived, but at least one judge repeatedly said it's too broad.

  • October 07, 2025

    Chamber Asks 9th Circ. For Clarity In Trade Secrets Cases

    The U.S. Chamber of Commerce backed Boeing's bid for the Ninth Circuit to reconsider a panel's decision to reinstate a $72 million jury verdict against the company, saying the panel's "swift treatment" of such a complex issue threatens creating confusion.

  • October 07, 2025

    Fed. Circ. Ponders Document Sealing In EDTX's Patent Cases

    A Federal Circuit panel grappled Tuesday with document sealing practices in patent cases in the Eastern District of Texas, appearing at points skeptical about a digital rights nonprofit's efforts to unseal records in since-concluded litigation involving Charter Communications Inc.

  • October 07, 2025

    Cuban Cigar Co. Not Entitled To 'Cohiba' TMs, 4th Circ. Told

    General Cigar Co. has asked the Fourth Circuit to overturn a Trademark Trial and Appeal Board decision to grant a Cuban state-owned cigar producer's request to cancel two trademark registrations for the term "Cohiba," contending that the decision conflicts with U.S. law governing the embargo against Cuba.

  • October 07, 2025

    Chanel, The RealReal Fail To Reach Settlement In TM Feud

    Fashion house Chanel and used-items retailer The RealReal Inc. have told a Manhattan federal judge they haven't been able to reach a settlement on Chanel's claims of trademark infringement despite, as The RealReal's attorneys put it, significant efforts being expended to try to reach a compromise.

  • October 07, 2025

    DraftKings, FanDuel Fight Gambling Patent Suits

    DraftKings and FanDuel seek to dodge claims in New Jersey federal court that allege they willfully infringed a series of WinView IP Holdings patents covering online and mobile gambling, with FanDuel saying the patents are invalid to begin with.

  • October 07, 2025

    Ex-Trinoor VP Agrees Not To Solicit Customers, For Now

    A former vice president at Georgia-based software company Trinoor LLC agreed Tuesday not to solicit the company's customers for business in a case alleging she stole internal data before joining a competitor firm.

  • October 07, 2025

    USPTO To Test AI Tool For Automated Prior Art Searches

    The U.S. Patent and Trademark Office is launching a program to test the use of artificial intelligence for automated prior art searches, saying the tool could let patent applicants know earlier in the application process about potential prior art problems.

Expert Analysis

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

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    While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

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    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • 9 Jury Selection Lessons From The Combs Trial

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    U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.

  • 9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs

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    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.

  • Associates Can Earn Credibility By Investing In Relationships

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    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.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    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.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    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.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    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.

  • Series

    Quilting Makes Me A Better Lawyer

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    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.

  • How Agentic AI Is Testing The Limits Of Patent Law

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    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.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    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.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    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.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    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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