Intellectual Property

  • July 31, 2025

    3 Federal Circuit Clashes To Watch In August

    The Federal Circuit's argument calendar for August includes Brita's effort to revive a patent suit against water filter rivals that fell short at the U.S. International Trade Commission, and a prolific inventor's bid to undo a decision clearing Coca-Cola of infringing a beverage dispenser patent.

  • July 31, 2025

    Microsoft Fights Demand For AI Deal Data In Databricks Suit

    Third-party Microsoft Corp. urged a California magistrate judge Thursday to block a subpoena by a group of writers accusing San Francisco-based Databricks of using their copyrighted works to train its artificial intelligence tool MosaicML, arguing that Microsoft has already exceeded third-party obligations by providing certain data agreements and that the request is overbroad.

  • July 31, 2025

    18 GOP Sens. Urge Trump To Fill IP Negotiator Post

    Eighteen Republican U.S. senators urged President Donald Trump to appoint someone to the vacant role of chief innovation and intellectual property negotiator of the U.S. Trade Representative in order to work to remove what they called "market-distorting price controls" in the pharmaceutical industry.

  • July 31, 2025

    Rising Star: WilmerHale's Steven Horn

    WilmerHale's Steven Horn has been a strategic leader on the firm's work defending Intel Corp. from the sprawling, big-dollar patent infringement litigation brought by VLSI Technology LLC, earning him a spot among the intellectual property attorneys under age 40 honored by Law360 as Rising Stars.

  • July 31, 2025

    NC Judge Questions Barings' Bid For Ex-Employees' Emails

    A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.

  • July 31, 2025

    ITC Ends Dermatology Needle Import Ban After Settlement

    The International Trade Commission has lifted a ban on certain imports of skin treatment devices that infringed patents owned by a South Korean dermatologist's needle business after it settled with a rival.

  • July 31, 2025

    Weil Lands Latham IP Litigation Trio In California, Texas

    Weil Gotshal & Manges LLP announced Thursday that it has welcomed three intellectual property lawyers from Latham & Watkins LLP, two of whom began their legal careers at Weil and will now co-head its IP, technology and science litigation practice.

  • July 31, 2025

    Fla. Judge Finds Car Photo Patents Unenforceable

    A Florida federal judge said the owner of patents on taking photos of cars at dealerships can't assert three of the patents against an automotive photo booth maker, trimming them from an infringement suit because of deceptive statements made to the U.S. Patent and Trademark Office.

  • July 31, 2025

    Metal Singer Misused Band's Money, Fired Co-Founder Says

    The founding bassist for iconic metal band Hatebreed was abruptly fired over false accusations that he harassed a Connecticut venue worker, according to a lawsuit that also accuses the singer of mismanaging the group's money for his own gain.

  • July 31, 2025

    ITC Wants Feedback Before Reconsidering Lashify Claims

    The International Trade Commission asked for further briefing from eyelash extension company Lashify Inc., a group of artificial eyelash makers, Walmart and CVS to address the requirements for showing the existence of a domestic industry.

  • July 31, 2025

    Sens. Draft Bill To Combat Foreign Online Piracy

    A bipartisan group of senators introduced a discussion bill for a law that would allow American copyright holders to petition federal courts for orders against foreign-hosted websites that host pirated content.

  • July 30, 2025

    Crocs, Rival Agree To Narrow Claims In Shoewear IP Dispute

    Crocs told a Colorado federal judge Wednesday it agreed to drop trademark dilution claims against Joybees stemming from a dispute where the defendant's CEO, who was a former midlevel Crocs manager, allegedly absconded with documents to copy the design and manufacturing process for its foam clog to start a competing business.

  • July 30, 2025

    Hytera Ordered To Immediately Escrow Subsidiary Sale Funds

    Hytera Communications Corp. Ltd. must immediately place $69 million of proceeds of a subsidiary sale in escrow in light of the Chinese company's outstanding judgment and asset citation obligations in Motorola Solutions Inc.'s mobile radio trade theft case, an Illinois federal judge said Wednesday.

  • July 30, 2025

    Singer Percy Bady Sues Label Over 'I'm Free' Song Use

    Grammy-nominated singer-songwriter Percy Bady has sued TRIBL Records, performing artists Todd Galberth and Brandon John Peavy, as well as two music publishers and a music producer, for allegedly infringing his song "I'm Free" with recordings and performances of the song "Fill the Room."

  • July 30, 2025

    NFT Trademark Ruling Highlights Free Speech Limits In Art

    In ruling that nonfungible tokens qualify as trademarks, the Ninth Circuit last week followed guidance from the U.S. Supreme Court that the First Amendment cannot always protect expressive marks from infringement.

  • July 30, 2025

    Rhodium Says Cooling System Infringement Claims Barred

    Bankrupt cryptocurrency miner Rhodium told a Texas federal bankruptcy judge that a company that creates large scale cooling systems cannot bring patent infringement claims, saying Wednesday the company's claims already failed in a federal district court.

  • July 30, 2025

    Court Urged To Free Micron From Netlist's Infringement Threat

    Micron has asked a Delaware federal court to conclude that it's not infringing a Netlist patent covering a computer memory technology, alleging in a complaint that Netlist keeps going after Micron with "non-credible infringement allegations of facially invalid patents."

  • July 30, 2025

    Samsung Gets Patent License At $1.05B After Arbitration

    Samsung will fork over $1.05 billion to license patents owned by a technology research firm covering wireless and video technology through 2030 after a group of arbitrators set the rate, according to federal securities filings.

  • July 30, 2025

    Judge Denies Fired Copyright Chief's Reinstatement Bid

    A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."

  • July 30, 2025

    Basketball Artist Hits NBA Pelicans With Copyright Suit

    A visual artist specializing in arrangements of deflated basketballs sued the NBA's New Orleans Pelicans in Michigan federal court Wednesday, alleging that the team copied his distinctive style for a series of social media posts without permission.

  • July 30, 2025

    Truist Triggered Employee Exodus, Not Ex-Execs, Court Told

    Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.

  • July 30, 2025

    Rising Star: O'Melveny's Mark Liang

    Mark Liang of O'Melveny & Myers LLP successfully represented Google and LG Electronics in disputes where they faced tens of millions of dollars in potential liabilities for alleged patent infringement, earning him a spot among the intellectual property attorneys under the age of 40 honored by Law360 as Rising Stars.

  • July 30, 2025

    CoStar Claims Zillow Stole Copyrighted Property Photos

    CoStar Group Inc. and CoStar Realty Information Inc. alleged Wednesday in New York federal court that property listings giant Zillow stole and profited off of more than 46,000 of CoStar's copyrighted real estate photos.

  • July 30, 2025

    Fed. Circ. Urged To Undo Samsung Win In Patent Fight

    The owner of a touch screen patent has urged the Federal Circuit to revive its infringement lawsuit against Samsung, saying a Michigan federal judge got it wrong when analyzing who the patent belonged to when the case was filed.

  • July 30, 2025

    WilmerHale Taps Life Science Pro To Chair Transactions Dept.

    WilmerHale announced Wednesday that the former Latham & Watkins LLP attorney it hired last year to co-chair its life sciences practice is taking over as the chair of its transactional department.

Expert Analysis

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Vape IP Ruling Shows Stark Contrast Between ITC And Courts

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    The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Why Attys Should Get Familiar With Quantum Computing

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    Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks

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    Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • AI Use Of Hollywood Works: The Case For Statutory Licensing

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    Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.

  • Keys To Handling Digital Investigations In Pharma IP Litigation

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    In the high-stakes realm of pharmaceutical intellectual property litigation, efficient e-discovery and digital investigation workflows are essential to supporting strategic arguments, building defensible cases and proving that the requirements for market entry have been adequately met, says Jerry Lay at FTI Consulting.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

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