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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 26, 2025
Dallas IP Atty Joins Spencer Fane From Wick Phillips
Spencer Fane LLP announced that an intellectual property attorney with nearly 20 years of experience has joined the firm's Dallas office as a partner from Texas firm Wick Phillips.
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August 26, 2025
Texas Injury Firm Says Ex-Atty's Rival Firm Copied Slogan
A Houston personal injury attorney has accused a former employee of opening a rival law firm and copying its longtime slogan.
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August 26, 2025
Japanese Newspapers Sue Perplexity AI Over Content Use
Two large Japanese newspapers said Tuesday they are suing Perplexity AI Inc., alleging the company ignored their ban on unauthorized use of their content by running a generative artificial intelligence model that spits out copyrighted material.
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August 26, 2025
NY Firm Must Face Malpractice Claims Over Patent Fight
A New York real estate and business law firm must face a negligence claim lodged by a medical research and development company arguing that the firm's incompetence led it to lose a patent licensing dispute.
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August 26, 2025
Wonderland Gets ITC To Eye Car Seat Imports Over Patents
The U.S. International Trade Commission said it will look into allegations that a U.S. arm of children's products maker Dorel Industries and a series of Chinese companies flouted federal law by importing car seats that Wonderland Switzerland AG said infringed its patents.
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August 26, 2025
MLB Players, DraftKings Eyeing IP Suit Settlement
An MLB players association and sports betting company DraftKings Inc. are engaged in settlement talks to resolve claims that the athletes' images are being used without permission to promote the gambling platform, according to a recent court filing.
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August 26, 2025
Fed. Circ. Faults Tribunal Over F-Word TM Denial
A split Federal Circuit panel on Tuesday vacated a trademark tribunal's refusal to register the F-word, saying in a precedential opinion that the decision below lacked sufficient clarity regarding why some commonplace words can function as trademarks while others cannot.
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August 25, 2025
Eli Lilly Settles Feud With Clinics Over TM Infringement
Eli Lilly & Co. has come to terms with two clinics that it sued in Washington federal court for trademark infringement after accusing them of tricking customers into thinking they were buying brand name versions of weight loss medications Mounjaro and Zepbound.
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August 25, 2025
Empire Sues AT&T, Lenovo After $12.5M IP Win Over Samsung
With a $12.5 million jury verdict against Samsung under its belt, Empire Technology Development has launched a pair of mobile technology patent infringement suits against AT&T and Lenovo in the same court.
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August 25, 2025
Kong Toy Co. Owners Clash Over Alleged Deal Violations
Five attorneys traded accusations of secret power plays and cash grabs Monday at the start of the bench trial in Colorado state court between the co-owners of the dog toy maker Kong Co. LLC.
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August 25, 2025
Warner Bros. Denies 'Ugly House' Infringement At Del. Trial
An attorney for Warner Bros. Discovery Inc. told a Delaware federal judge on Monday its popular "Ugliest House in America" show had "nothing to do" with HomeVestors of America Inc.'s "Ugly House" competition, kicking off an infringement trial where the latter company is seeking millions in disgorgement.
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August 25, 2025
Build-A-Bear, Kelly Toys Settle TM Suit Over Stuffed Toys
Build-A-Bear Workshop Inc. and Kelly Toys Holdings have settled a dispute in California federal court over stuffed toys in which Kelly Toys claimed Build-A-Bear's Skoosherz toys copied its popular Squishmallow line.
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August 25, 2025
Fed. Circ. Overbroad In Hip Joint Implant Suit, High Court Told
A German medical supplier wants the U.S. Supreme Court to take up its appeal of the Federal Circuit's refusal to revive its trade dress protections for the color pink in a hip joint implant part, saying a circuit split warrants the justices' review.
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August 25, 2025
Stewart Overrules 3 PTAB Discretion Decisions On Dir. Review
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart freed WSOU Investments and Nutanix from challenges where the Patent Trial and Appeal Board had already instituted review, but then revived an inter partes review Nike had originally dodged.
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August 25, 2025
Google, Samsung Tell Fed. Circ. To Reject USPTO Extension
Google and Samsung urged the Federal Circuit on Monday to reject the U.S. Patent and Trademark Office acting director's request for an extra month to address their challenge to her discretionary denial practices.
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August 25, 2025
Google Can't Pause IP Suit To Wait On Justices' Cox Decision
Google can't halt textbook publishers' infringement suit over pirated book ads while awaiting the Supreme Court's decision in Cox Communications' appeal regarding the liability of internet service providers when their service leads to online music piracy, a New York federal judge has ruled.
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August 25, 2025
Gilstrap Rejects Charter Rival's Bid For New Infringement Trial
U.S. District Judge Rodney Gilstrap on Monday turned down Touchstream Technologies Inc.'s request for a new trial or favorable judgment on its claims of patent infringement against Charter Communications, saying Charter had not misled a jury that found infringement did not occur.
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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.
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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9 Jury Selection Lessons From The Combs Trial
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.
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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.