Intellectual Property

  • August 19, 2025

    Chamber Scorns Bid To Unseal FTC's Dropped Pepsi Complaint

    The U.S. Chamber of Commerce has asked a New York federal judge to deny an advocacy group's request to unseal the Federal Trade Commission's abandoned price discrimination case against Pepsi, saying it would reveal "confidential investigatory material that courts routinely keep under seal."

  • August 19, 2025

    CoStar Gets Support For 9th Circ. Antitrust Ruling Redo Bid

    A group of antitrust scholars, former government officials and a center-left technology industry coalition asked the Ninth Circuit to allow them to file amicus briefs that back CoStar Group Inc.'s request for a rehearing of a Ninth Circuit ruling that revived rival Commercial Real Estate Exchange Inc.'s antitrust counterclaims.

  • August 19, 2025

    Dredging Vehicle Patent Sinks Over On-Sale Bar At Fed. Circ.

    The Federal Circuit on Tuesday affirmed a Louisiana federal court's axing of claims in a Wilco Marsh Buggies and Draglines Inc.'s excavator and dredging vehicle patent, saying they were invalid because the product detailed in the patent was sold in the 1990s.

  • August 19, 2025

    Judge Denies American Airlines' Bid To Avoid Patent Claims

    A Texas federal judge on Tuesday rejected American Airlines' request to escape some of the claims accusing it of infringing patents that cover hardware allowing in-flight Wi-Fi connection.

  • August 19, 2025

    Ex-Copyright Chief Says Trump Overstepped Role In Firing Her

    The fired leader of the U.S. Copyright Office urged the D.C. Circuit to reject the Trump administration's arguments that her dismissal was lawful, asking the appeals court on Tuesday to return her to her job before Congress returns from recess Sept. 2.

  • August 19, 2025

    TriZetto Wants Nearly $18M In Atty Fees In Trade Secret Fight

    Healthcare software company the TriZetto Group has requested nearly $18 million in attorney fees in a decadelong trade secrets legal battle with Syntel Inc., saying its rival's "unreasonable" litigation conduct merits the award.

  • August 19, 2025

    Suno Says Indie Artists' AI Copyright Claim A Stretch

    Artifical intelligence music generator Suno on Monday asked a Massachusetts federal judge to trim a proposed class action on behalf of independent musicians, saying the plaintiffs fail to offer any support for their novel claim that the songs generated by the tool are copyright-infringing copies.

  • August 19, 2025

    Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme

    Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.

  • August 19, 2025

    Samsung Fights Maxell's Bid To Boost $112M Patent Verdict

    Samsung Electronics asked a Texas federal judge to reject a bid from Maxell Ltd. to boost a $112 million patent infringement jury verdict, saying Maxell had not shown the infringement of its personal electronics patents was willful or that Samsung's behavior had been egregious enough to warrant an enhancement.

  • August 19, 2025

    Google, Samsung Join Fed. Circ. Fight Against Fintiv Policy

    Google and Samsung are urging the Federal Circuit to stop the U.S. Patent and Trademark Office from applying new Patent Trial and Appeal Board guidance to cases that were already pending, in a mandamus petition authored by the agency's former solicitor.

  • August 19, 2025

    NASA Gets Sensor Co.'s Patent Deal Breach Claims Tossed

    A U.S. Court of Federal Claims judge axed an Ohio company's claims that NASA breached contracts to license and commercialize the agency's patented sensor technology, ruling that NASA fulfilled its side of the bargain before ending the agreements.

  • August 19, 2025

    One Year Later, White & Case IP Atty Jumps Back To Latham

    A year after moving his intellectual property practice to White & Case LLP, a former Latham & Watkins LLP partner is returning to his old firm, where he had spent over 14 years.

  • August 19, 2025

    Trump Signs Bill To Boost Export Control Transparency

    President Donald Trump signed a bipartisan bill on Tuesday that aims to provide more transparency in the U.S. Department of Commerce's export control system, which restricts foreign adversaries from obtaining critical U.S. technologies and software.

  • August 19, 2025

    Fed. Circ. Backs PTAB Ax Of DexCom Glucose Patent Claims

    The Federal Circuit won't disturb a Patent Trial and Appeal Board finding that a DexCom patent on glucose monitoring systems is unpatentable, saying the medical device company misread the board's decision.

  • August 19, 2025

    Netflix Sued Over Interview In Gilgo Beach Killings Doc

    Netflix and two production companies were sued by a YouTube creator Tuesday who said the streaming giant used an interview he'd done with Rex Heuermann, the Long Island architect accused of being the Long Island serial killer, without his permission.

  • August 18, 2025

    Buchalter Adds Ex-Alston & Bird Partner To IP Practice

    Buchalter PC said Monday that it was adding H. James Abe as an intellectual property shareholder to its Los Angeles office, bringing on an attorney who previously worked at Alston & Bird LLP and has experience with commercial disputes, transactions and licensing.

  • August 18, 2025

    Albright Delays EcoFactor-Google Damages Retrial For PTAB

    U.S. District Judge Alan Albright is making EcoFactor Inc. wait for Patent Trial and Appeal Board proceedings to finish before scheduling a highly anticipated retrial, ordered by the full Federal Circuit, on how much Google should pay for infringing its thermostat patent.

  • August 18, 2025

    Patent Licensing Co. Drops Starbucks Infringement Suit

    A patent licensing company has agreed to drop its suit alleging Starbucks infringed a patent covering a mobile ordering system, although defamation claims against one of the coffee chain's attorneys remains at play in another case.

  • August 18, 2025

    Ex-GC Ordered To Destroy Files In Trade Secret Dispute

    Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.

  • August 18, 2025

    Life Sciences Data Rivals Settle Trade Secrets Battle

    Life sciences data company IQVIA Inc. has settled a suit that alleged data rival Veeva Systems Inc. used "crowdsourcing" to misappropriate trade secrets, the two companies said Monday.

  • August 18, 2025

    Infosys Can't Ax Trade Secrets Suit Over Healthcare Software

    Cognizant TriZetto Software Group Inc.'s trade secret and breach of contract claims against competitor Infosys Ltd. were filed in a timely fashion and are detailed enough to move forward, a Texas federal judge has found.

  • August 18, 2025

    King & Spalding Brings On Goodwin Litigators In SF, DC

    King & Spalding LLP announced Monday that it has added two intellectual property attorneys from Goodwin Procter LLP to strengthen its business litigation practice group and its capacity to handle patent and trade secrets disputes.

  • August 18, 2025

    Albright Explains Why He Cleared Apple Again In Fintiv Case

    Fintiv failed to show that Apple products with the Apple Pay and Apple Wallet features meet certain elements of a Fintiv mobile wallet patent, Western District of Texas Judge Alan Albright said in an opinion detailing why he cleared the technology giant of certain infringement allegations.

  • August 18, 2025

    Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit

    A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."

  • August 18, 2025

    IYO Asks 9th Circ. To Reject OpenAI's Bid To Ax TM Injunction

    Tech firm IYO Inc. urged the Ninth Circuit to leave in place a temporary bar on OpenAI using a mark associated with acquired company IO Products Inc. amid a trademark fight, saying it was improper for OpenAI to even ask the appellate court to hear the matter at this stage.

Expert Analysis

  • 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.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    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.

  • Top Takeaways From Trump's AI Action Plan

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    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.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    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.

  • How Big Pharma Has Responded To FTC Delisting Demands

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    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.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    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.

  • How To Successfully Challenge Jurors For Cause In 5 Steps

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    To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

  • USPTO's AI Tool Redefines Design Patent Landscape

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    The U.S. Patent and Trademark Office's newly introduced DesignVision tool for artificial intelligence-powered image searching represents a dramatic shift in how design patent applications are examined, necessitating new strategies for patent practitioners, says Matthew Epstein at Dinsmore.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • 6 Tips On Drafting Machine Learning Patents Post-Recentive

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    While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.

  • What US-India Trade Deal Will Mean For Indian Pharma

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    Complicated by newly imposed tariffs from the U.S., the outcome of the U.S.-India trade talks is poised to reshape not just trade policy, but also the strategic alignment of the two countries' pharmaceutical ecosystems, says Jashaswi Ghosh at Holon Law Partners.

  • Series

    Law School's Missed Lessons: Negotiation Skills

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    I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

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