Intellectual Property

  • April 30, 2025

    Netflix Hits Broadcom With Another Cloud Patent Suit

    Netflix expanded its patent infringement dispute with Broadcom and one of its recently acquired entities in California federal court, accusing them of selling products that leverage patented technology for keeping online services running smoothly, managing computer networks and syncing time between devices.

  • April 30, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.

  • April 30, 2025

    Judge Keeps Pfizer Foe's COVID Vaccine Patent Case Alive

    The chief judge for the Delaware federal court has turned down a bid from Pfizer and BioNTech to invalidate patent claims asserted against their blockbuster COVID-19 vaccine, in a case set to go before a jury later this year.

  • April 30, 2025

    Del. Judge Won't Let MSN Fight Entresto Orange Book Entry

    A Delaware federal judge has shot down MSN Pharmaceuticals Inc.'s attempt to get its generic version of Novartis' blockbuster cardiovascular drug Entresto on the market immediately by removing the branded-drug maker's patent from a federal database.

  • April 30, 2025

    Fed. Circ. Upholds PayPal, Apple Patent Wins Over Fintiv Inc.

    PayPal Holdings Inc. successfully persuaded the Federal Circuit on Wednesday to uphold the invalidation of Fintiv Inc. mobile wallet patents it's accused of infringing, which then led to Apple Inc. beating a related appeal. 

  • April 30, 2025

    SC Judge Tosses Suit In Bed Trademark Dispute

    A South Carolina federal judge has thrown out a suit from American Serleep seeking a declaration that it never infringed any trademark of rival Purple Innovation, saying the Palmetto State isn't the right place for the case.

  • April 30, 2025

    Google's Sanctions Bid In Patent Case Rejected By Judge

    A New York federal judge has shot down Google's bid for sanctions of a location tracking patent owner in litigation accusing the search engine giant of infringement, calling the request "unnecessary."

  • April 30, 2025

    Akoustis Gets OK For $30M Sale To SpaceX Subsidiary

    A Delaware bankruptcy judge has approved a $30 million sale of some of the assets of radio frequency filter maker Akoustis Technologies to a SpaceX subsidiary after the debtor reached an agreement with a competitor that had concerns about trade secrets possibly being sold.

  • April 30, 2025

    Space Org. Avoids Charges After Helping In China Export Case

    The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct. 

  • April 30, 2025

    Google Cements Win In Image Data Patent Fight At Fed. Circ.

    A patent licensing company suing Google over patents covering image quality data failed to convince Federal Circuit judges on Wednesday that those claims do more than "organize, alter, or manipulate data."

  • April 30, 2025

    DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.

    Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.

  • April 30, 2025

    PTAB Axes AbbVie Unit's Cancer Drug Patent As Invalid

    The Patent Trial and Appeal Board has found claims in a patent owned by AbbVie's Pharmacyclics unit related to its cancer drug Imbruvica were invalid, the latest in a larger intellectual property fight with BeiGene.

  • April 30, 2025

    Lego Says Toy Co.'s Tiny Figurines Are Big IP Infringement

    Lego sued Veux Toys LLC in Connecticut federal court Tuesday, seeking to block the California-based toy retailer from selling figurines that are "substantially similar" to its copyrighted products, such as Spider-Man toy men.

  • April 30, 2025

    Cahill Gordon Adds King & Spalding IP Litigation Trio In DC

    Cahill Gordon & Reindel LLP has added a three-partner intellectual property group from King & Spalding LLP for its new technology IP litigation practice in Washington, D.C., the firm said Wednesday.

  • April 30, 2025

    Foley & Lardner Adds 5 IP Attys From Perkins Coie, K&L Gates

    Foley & Lardner LLP is expanding its intellectual property team in California, announcing Wednesday the addition of five IP attorneys — four from Perkins Coie LLP in San Diego and one from K&L Gates LLP in San Francisco.

  • April 30, 2025

    NBA Looks To Keep Knockoff Sales At Bay Amid IP Suit

    The NBA's licensing arm has asked an Illinois federal judge to extend a ban on the illicit sales of counterfeit goods while freezing the assets of alleged culprits, saying without this, defendants in a copyright infringement suit may attempt to move their money to offshore accounts.

  • April 30, 2025

    Boston Lab Says Exec Took Trade Secrets To Rival

    An executive departing a Boston contract research lab allegedly downloaded confidential and proprietary documents before he left to join a competing business in a move that breached his noncompete contract, according to a trade secrets lawsuit filed Tuesday in Massachusetts federal court.

  • April 30, 2025

    NJ Panel Declines To Revive Tobacco Co.'s Tax Refund Claim

    A tobacco company cannot revive its claim for a tax refund, a New Jersey appeals court found, agreeing with the state's tax court that 2020 amendments to a regulation limiting a royalty add-back deduction must be applied retroactively.

  • April 29, 2025

    5th Circ. Hints Exclusivity Could End Tata's $168M Woe

    A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.

  • April 29, 2025

    9th Circ. Revives Copyright Fight Over Sam Smith Tune

    The Ninth Circuit on Tuesday resurrected a copyright lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger," saying a reasonable jury could find that the song's hook shares protectable lyrics, pitches and rhythm with that of a 2015 track called "Dancing With Strangers."

  • April 29, 2025

    Apple Settles Harvard Profs' IPhone Night Vision Patent Suit

    Apple has agreed in principle to settle a suit brought by a startup company owned by two Harvard professors who claimed the tech giant infringed patents related to cameras that can render night vision images.

  • April 29, 2025

    Mercedes-Benz Wins Remand From Top PTAB Judges

    A panel of the top judges at the patent board has agreed that Mercedes-Benz deserves another chance to invalidate a processor patent issued over a decade ago to engineers at Intel Corp. and later assigned to a company that's asserting it against the automaker and others.

  • April 29, 2025

    Meta Seeks Punitives For NSO WhatsApp Hack As Trial Opens

    Meta's counsel told a California federal jury during trial openings Tuesday that Israeli spyware-maker NSO Group owes nearly $445,000 plus punitive damages for its "despicable" conduct hacking 1,400 WhatsApp users' devices, while NSO's counsel denied owing Meta anything and criticized Meta's case as a PR attempt to "own the narrative."

  • April 29, 2025

    Sports Illustrated Owner Ends TM Row With Former Publisher

    Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court. 

  • April 29, 2025

    Photog Owes $67K For Skipping Deposition In Copyright Feud

    A federal judge in the Southern District of New York on Tuesday ordered a photographer suing a fashion website over a photo of actor Jonah Hill to cough up nearly $67,000 for skipping his own deposition in the case, among other conduct. 

Expert Analysis

  • 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.

  • Perspectives

    The Benefits Of Aligning States On Legal Paraprofessionals

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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.

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