Intellectual Property

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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. 

  • 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.

  • August 21, 2025

    Del. Judge Outlines Misconduct Behind Amgen's $50M Relief

    A Delaware federal judge overruled German biotech company Lindis's $50 million patent infringement win against Amgen, finding an inventor purposefully withheld harmful information from the U.S. Patent and Trademark Office, according to an opinion made public Wednesday.

Expert Analysis

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • IP Due Diligence Tips For AI Assets In M&A Transactions

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    Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • A Look At Florida's New Protected Series LLC Legislation

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    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Opinion

    New USPTO Leadership Must Address Low-Quality Patents

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    With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

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    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

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    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

  • The State Of AI Adoption In The Patent Field

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    The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.

  • Purdue Case Could Transform Patent Obviousness Analyses

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    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • 'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues

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    The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • IRhythm IPR Denial Raises Key PTAB Discretion Questions

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    By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

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