Intellectual Property

  • July 18, 2025

    USPTO Calls On Fed. Circ. To Reject Fight Over Fintiv Policy

    The U.S. Patent and Trademark Office urged the Federal Circuit on Friday to reject allegations that its handling of policies governing Fintiv-based discretionary denials violates due process, claiming SAP America Inc. is just upset that its Patent Trial and Appeal Board challenges were rejected.

  • July 18, 2025

    Stewart Issues Discretion Decisions For 56 More Petitions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.

  • July 18, 2025

    Ohio State, NCAA, Big Ten Beat Ex-QB's NIL Suit

    Ohio State University, the NCAA, the Big Ten Conference Inc. and a media rights licensing company have dodged an antitrust suit from former Buckeye star quarterback Terrelle Pryor alleging they monopolized profits on athletes' names, images and likenesses while denying them compensation.

  • July 18, 2025

    MSN Urges Fed. Circ. To Allow Launch Of Generic Entresto

    MSN Pharmaceuticals asked the Federal Circuit on Friday to lift a temporary injunction and allow the company to launch a generic version of the blockbuster heart drug Entresto, a move MSN says would benefit the public by reducing costs for Medicare and Medicaid.

  • July 18, 2025

    Fed. Circ. Frees Medtronic From $125M Patent Judgment

    The Federal Circuit on Friday overturned a more than $125 million judgment against Medtronic's CoreValve unit for infringing a Colibri Heart Valve LLC patent, saying changes made to the patent during examination mean that Medtronic should not have been found to infringe.

  • July 18, 2025

    Mattel Says Overseas Counterfeiters Ripping Off Uno Game

    Barbie and Hot Wheels maker Mattel Inc. has filed counterfeiting claims in Illinois federal court against foreign retailers that the company says are selling knockoff versions of its popular Uno card game.

  • July 18, 2025

    Franchisee Stole Biz Model, College Advising Co. Says

    A college consulting company accused a former franchisee of doing business under false pretenses, poaching the company's proprietary methods and walking away to start a new venture, according to a complaint filed in North Carolina federal court.

  • July 18, 2025

    Apple Says Tech Analyst, YouTuber Conspired To Leak IOS 26

    A tech product analyst improperly accessed a former Apple employee's iPhone used for product development and conspired with a YouTuber to publicly leak details of the yet-to-be-released iOS 26 operating system, Apple Inc. said in a suit filed Thursday in San Francisco federal court.

  • July 18, 2025

    Assurant Says Ex-Salesmen Plotted 'Bloodbath' Of Clients

    Three current and former employees of auto warranty underwriter Assurant have been accused of hatching a plan to steal its confidential documents and poach its clients, with the company alleging that the workers planned to bring about a "bloodbath" of Assurant's business.

  • July 18, 2025

    Manaflex Loses Bid To Trim Competitor's Trade Secrets Suit

    A California federal judge has refused to trim circuit technology company CelLink Corp.'s lawsuit alleging that former Tesla employees stole CelLink's trade secrets for the benefit of a competitor one of them founded.

  • July 18, 2025

    Huawei Trial In Wash. Again Delayed, Till 2027

    A Washington state federal judge on Friday approved a request from prosecutors and Huawei Device Co. Ltd. to again delay a trial on charges that the Chinese telecommunications company stole T-Mobile's trade secrets, this time to 2027. 

  • July 18, 2025

    Armstrong Teasdale Adds Former CLO As A Litigator In Miami

    A former chief legal officer at professional services company Indelible has joined Armstrong Teasdale LLP as a litigation counsel in Miami.

  • July 18, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen the former owner of British oil refinery Prax Group sued following the collapse of his business empire, a unit of Shard Credit Partners target a married couple believed to have inflated the value of their companies before selling them, and Aerofoil Energy reignite patent action against AFE Group over the design of its F1-inspired cooling units.

  • July 17, 2025

    'Yellowjackets' Makers Get $108K In Fees In Copyright Suit

    Showtime, Lions Gate Entertainment Corp. and the makers of the TV show "Yellowjackets" won $108,000 in attorney fees after earlier this year defeating a copyright suit alleging the program ripped off the 2015 film "Eden."

  • July 17, 2025

    Lenovo, Quectel Added To Avanci Patent Pool List

    Avanci has reached deals with Lenovo and Quectel to allow the China-based companies to be part of programs where automakers license their technologies for 4G and 5G connected vehicles, the patent pool operator announced Thursday.

  • July 17, 2025

    Fed. Circ. Scraps $21M IP Win For 'Comfy' Sweatshirt Maker

    The Federal Circuit on Thursday overturned a more than $21 million judgment against Top Brand LLC for infringing Cozy Comfort Co.'s design patent and trademarks on its "The Comfy" sweatshirt featured on "Shark Tank," saying no reasonable jury could have found infringement.

  • July 17, 2025

    Stanford Trims Roche IP Suit, But Others Face Most Claims

    Stanford University was let out of all but one claim brought by subsidiaries of F. Hoffmann-La Roche AG over alleged trade secret theft, but a California federal judge allowed most claims to move forward against several Stanford professors and a startup they founded.

  • July 17, 2025

    Senators Float 'Patent Thicket' Bill To Limit Generic Litigation

    A bill floated in the U.S. Senate would limit the use of so-called patent thickets that are asserted by major pharmaceutical companies in litigation to restrict generic competition.

  • July 17, 2025

    6 Cases For Patent Attys To Watch In The Second Half Of 2025

    The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.

  • July 17, 2025

    Authors Win Cert. In Copyright Suit Against Anthropic

    A California federal judge on Thursday certified a class of copyright owners of books in the online pirate libraries Library Genesis and Pirate Library Mirror that were downloaded by artificial intelligence firm Anthropic for training its Claude generative text model.

  • July 17, 2025

    Notorious B.I.G. Estate, Others Settle IP Row Over Merch

    A settlement has been reached in a suit brought by the estate of the Notorious B.I.G. against Target, Home Depot, Nordstrom and others, claiming they infringed the late rapper's trademarks by selling art bearing his image and likeness, the parties told an Illinois federal court.

  • July 17, 2025

    Albright Clears Cisco In $121M Network Patent Case

    Western District of Texas Judge Alan Albright has finalized his decisions clearing Cisco in a suit alleging it owed $121 million for infringing Corrigent Corp. communications network patents, memorializing earlier orders that Cisco didn't infringe some patents and that others were invalid.

  • July 16, 2025

    OpenAI, Microsoft Challenge Authors' Proposed Class Action

    OpenAI and its financial backer Microsoft each have lodged challenges in New York federal court to a consolidated proposed class action from a group of best-selling authors who claim their works were used to train ChatGPT, saying the consolidated litigation went beyond the court's permissible scope.

  • July 16, 2025

    Property Evaluation Patent Case Allowed To Move Forward

    A federal judge has refused to toss a suit claiming an artificial intelligence property risk assessment company infringed patents used to evaluate properties, saying the patents cleared the U.S. Supreme Court's Alice test.

  • July 16, 2025

    With Discretionary Denials, PTAB Accepting Fewer Petitions

    The rate of patent challenges accepted by the Patent Trial and Appeal Board is still declining, with data for July showing a sharp decrease in the institution rate following major changes in board practice, according to data shared at a Sterne Kessler Goldstein & Fox PLLC webinar Wednesday.

Expert Analysis

  • 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.

  • Fed. Circ. In March: Forfeiting Claim Construction On Appeal

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    The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.

  • AI Use In Class Actions Comes With Risks And Rewards

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    The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

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    The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.

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