Intellectual Property

  • August 28, 2025

    Apple, Comcast, Others Face Headwater Patent Suit Spree

    Headwater Research LLC has fired off a salvo of patent infringement suits in two Texas federal courts against technology giants Apple Inc., Amazon and Google, as well as wireless services and cable providers Comcast, Charter Communications Inc. and Dish Network, after winning $279 million against Samsung at trial over similar claims and $175 million from Verizon in a case that later settled.

  • August 28, 2025

    USPTO Offers Streamlined Patent, TM Assignment Search Tool

    The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.

  • August 28, 2025

    Sonos Gets Fed. Circ. To Revive IP From $33M Google Verdict

    A California federal judge wrongly invalidated claims of Sonos Inc. speaker patents after its $32.5 million jury trial win over Google LLC, the Federal Circuit said Thursday as it largely reversed the judge's holding.

  • August 28, 2025

    9th Circ. Reinstates Copyright Suit Over Liturgical Song

    The Ninth Circuit has revived a copyright suit by a songwriter who claimed that elements of his liturgical song were copied by a Christian songwriter, ruling that even though some evidence was rightly excluded, there were still triable elements to the case.

  • August 28, 2025

    First Chief PTAB Judge Remembered As Industrious Leader

    Colleagues and loved ones of James Donald Smith — the first chief judge of the Patent Trial and Appeal Board who died this spring — remembered him as a superb leader, talented violist and dear friend at a memorial service on Saturday that featured a reading of a letter from former President Barack Obama.

  • August 28, 2025

    Perplexity AI Settles TM Fight Over 'Comet' Name

    Perplexity AI and software company Comet ML have settled a trademark dispute over the "comet" mark that was sparked after Perplexity launched a search engine under that name.

  • August 27, 2025

    47 AGs Push Search, Payment Platforms To Stop 'Deepfakes'

    A bipartisan coalition of 47 attorneys general called on search engine giants Google, Microsoft and Yahoo, as well as PayPal, Apple and other payment platforms, to step up their efforts to stop the spread of computer-generated "deepfake" images and videos, warning about the need to protect young internet users.

  • August 27, 2025

    Judge Allows Bulk Of Grand Theft Auto IP Suit To Proceed

    A Los Angeles federal judge has allowed most of a copyright and trademark infringement suit brought by video game maker Take-Two Interactive Software Inc. against a website that sells cheat codes for Grand Theft Auto V to move forward.

  • August 27, 2025

    MSN Warns Justices Of 'Double Standard' In Entresto Appeal

    MSN Pharmaceuticals is urging the U.S. Supreme Court to step in after the Federal Circuit barred its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying the circuit court used a broad construction of the patent to find infringement and a narrow version to uphold validity.

  • August 27, 2025

    IP Atty Beats Temu's Claims He Lied To Bag Settlements

    A Massachusetts federal judge has dismissed Chinese e-commerce platform Temu's lawsuit accusing a California intellectual property attorney of lying to secure settlements for his clients, but the judge refused Wednesday to sanction Temu and its counsel at WilmerHale and Keker Van Nest & Peters LLP for filing a frivolous suit.

  • August 27, 2025

    CoStar Says Copyright Claims Against CREXi Can't Wait

    CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.

  • August 27, 2025

    IP Atty Challenges 'Pittance' Valuation Of Ex-Partners' Names

    A longtime Connecticut intellectual property lawyer who left Ohlandt Greeley Ruggiero & Perle LLP to launch his own firm says the names of two deceased partners are worth more to a remaining attorney than an expert's proposed 2% licensing fee, arguing the names achieved "celebrity status" in the IP community.

  • August 27, 2025

    Grubhub Agrees To Pay $7M To End Restaurants' TM Suit

    Several restaurants told an Illinois federal judge they have reached an agreement with Grubhub under which the food delivery service will pay $7.1 million to resolve claims it used their trademarks without permission.

  • August 27, 2025

    Atty Ordered To Pay $652K In Sanctions For TM Trial Conduct

    A California federal judge has ordered an attorney to pay $652,000 of a $1.8 million sanction against a microphone manufacturer he represented that lost a trade dress infringement trial, saying the lawyer had repeatedly misrepresented the terms of a stipulation in a prior case to pursue his legal theory.

  • August 27, 2025

    Personal Injury Firm Accuses Rival Of 'Bait And Switch'

    A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.

  • August 26, 2025

    Teradata Asks High Court To Stay Out Of SAP Tying Fight

    The U.S. Supreme Court should let sitting dogs lie when it comes to a Ninth Circuit decision reviving tying claims brought by data analytics giant Teradata against a German rival and software maker and just let the matter head to trial, according to the U.S.-based Teradata.

  • August 26, 2025

    Fed. Circ. Agrees To Compromise In Fintiv Appeal Extension

    The U.S. Patent and Trademark Office will have extra time to respond to Google and Samsung's challenge to its Fintiv policy, but not as much as it wanted the Federal Circuit to provide, the court ruled Tuesday.

  • August 26, 2025

    Disney Prevails In Multimedia Patent Challenge At PTAB

    The Patent Trial and Appeal Board has sided with Disney in its challenge to claims in a patent for marketing and distributing multimedia, finding that prior inventions rendered the claims too obvious for patent protection.

  • August 26, 2025

    Expert Sees No 'Ugly House' Mixup In Warner Bros. IP Case

    During the second day of trial in Delaware federal court, a trademark litigation survey expert testified she found no public confusion with respect to Warner Bros. Discovery Inc.'s "Ugliest House in America" series and HomeVestors Inc.'s house-flipping business and "Ugliest House of the Year" campaign.

  • August 26, 2025

    How This Firm Hit Its Stride With 9-Figure Patent Verdicts

    When several Russ August & Kabat attorneys secured a $122 million jury verdict for a client in an advertising patent infringement case against Amazon last summer, they kicked off a streak of nine-figure verdicts for the firm, including a $175 million win last month in front of a Texas federal jury.

  • August 26, 2025

    Pot Co. Can't Escape Rolling Paper Co.'s 'Juicy' TM Suit

    A Colorado federal judge rejected a cannabis company's motion to dismiss Tuesday after finding unconvincing the company's claims that it's allowed to sell cannabis products which use the "Juicy" and "Raw" trademarks owned by a tobacco company because of an inability for anyone to file federal trademarks for either brand relating to marijuana products.

  • August 26, 2025

    AI Copyright Licensing Is Helping To Fuel Tech's Evolution

    While courts wrestle with fair use questions around artificial intelligence training, legal experts say the growing number of licensing deals between tech companies and copyright owners is setting market norms for accessing the troves of content needed across rapidly evolving AI applications.

  • August 26, 2025

    Fed. Circ. Backs Original Filer In First-Ever Derivation Ruling

    The Federal Circuit clarified the differences between derivation and interference proceedings on Tuesday while affirming that a podiatrist didn't derive his wound treatment patent application from a former collaborator.

  • August 26, 2025

    Golf Teachers' Org Looks To Arbitrate Trademark Dispute

    A U.S.-based organization that trains and certifies golf teaching professionals urged a Florida federal court to order its Chinese counterpart to arbitrate a trademark dispute, saying the Hong Kong-based group is misusing its logos and selling unauthorized merchandise.

  • August 26, 2025

    Artist Seeking Copyright Of AI Image Equates Use To Cameras

    A Colorado man who used artificial intelligence to create an image that won an art award at a state fair told a federal judge that he should be allowed to copyright the image just as those who used technology such as cameras and cellphones had been allowed to copyright their works.

Expert Analysis

  • Associates Can Earn Credibility By Investing In Relationships

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    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.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    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.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    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.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    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.

  • Series

    Quilting Makes Me A Better Lawyer

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    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.

  • How Agentic AI Is Testing The Limits Of Patent Law

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    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.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    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.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    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.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    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.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    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.

  • Top Takeaways From Trump's AI Action Plan

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    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.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    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.

  • How Big Pharma Has Responded To FTC Delisting Demands

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    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.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • How To Successfully Challenge Jurors For Cause In 5 Steps

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    To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

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