Intellectual Property

  • July 15, 2025

    Fizz Social Loses Bid To Block Instacart's 'Fizz' Drink App

    A California federal judge has denied social media platform Fizz Social Corp.'s bid for a preliminary injunction in its trademark infringement and anti-cybersquatting lawsuit accusing Instacart and Partiful of ripping off its "FIZZ" mark to launch a rival "Fizz" beverage-delivery app that targets the so-called Gen Z demographic.

  • July 15, 2025

    Voxer Sues Google And Amazon Over Streaming Patents

    Virtual walkie-talkie maker Voxer has sued Google and Amazon in Delaware federal court, claiming they infringed the same network reception patents resulting in a $206 million trial win in a separate case against Meta in 2022 that was later vacated after a settlement.

  • July 15, 2025

    9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case

    The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.

  • July 15, 2025

    Anthropic Seeks 9th Circ. Fair Use Appeal Over Piracy Claims

    Anthropic PBC asked a California federal judge Tuesday to let the Ninth Circuit review his decision that making fair use of copyrighted books to train artificial intelligence technology did not absolve the company of potential liability for alleged piracy.

  • July 15, 2025

    Frito-Lay Settles Flamin' Hot Cheetos Defamation Suit

    Frito-Lay Inc. and a former employee have reached a settlement Monday in his suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, according to a Monday filing in California federal court.

  • July 15, 2025

    50 Cent Can't Stop Release Of Horror Film, Calif. Judge Rules

    50 Cent cannot block the release of Hollywood producer Ryan Kavanaugh's horror film that allegedly uses his name and likeness without a final contract in place, after a California federal judge decided there was evidence suggesting the rapper assented to the parties' agreed-upon terms to do so.

  • July 15, 2025

    Producer Wants Out Of Suit Over Karol G's Hit 'Gatúbela'

    A producer of Colombian singer Karol G's reggaeton hit "Gatúbela" has asked to be let out of a copyright suit from two producers who claim the song's beat was stolen from their song, saying he was improperly lumped in with the other creators of the track without any specificity as to his allegedly infringing activity.

  • July 15, 2025

    PTAB Knocks Out Claims In 3 Nasal Airway Patents

    The Patent Trial and Appeal Board has invalidated a host of claims across a trio of nasal airway treatment patents owned by Aerin Medical, agreeing with challenger Neurent Medical that the claims were obvious.

  • July 15, 2025

    TikTok, Chinese Co. Dispute Ownership Of Video Editing Tech

    TikTok and a Chinese company that accuses it of stealing trade secrets for a video-editing tool and infringing copyrights related to the tool have filed opposing motions for summary judgment, with the social media giant arguing that the plaintiff has not established ownership of the technology in question.

  • July 14, 2025

    Artists' Expert Can't View Some Material In Stability AI Row

    A California federal magistrate judge on Monday blocked artists' expert from accessing the confidential information and source code of Stability AI and other artificial intelligence platforms in copyright infringement litigation, ruling that the expert's work makes him a "functional competitor" of the companies.

  • July 14, 2025

    Sirius XM Can't Escape WCPA Suit Over Music Royalty Fees

    A Washington federal judge allowed Sirius XM subscribers to proceed with their proposed class action alleging the company tricks them into paying a 21.4% per month "U.S. Music Royalty Fee" without describing the charges, ruling Monday they sufficiently allege a claim under the state's consumer protection statute.

  • July 14, 2025

    'It Is The Same Photo': 9th Circ. Questions Von D's Tattoo Win

    A Ninth Circuit panel grappled Monday with tattoo artist Kat Von D's jury win over a photographer who claimed she infringed his copyrighted photo of Miles Davis with a tattoo she inked, with one judge noting the panel disagrees with the jury's finding the two works aren't substantially similar.

  • July 14, 2025

    Judge Stops Artist's Fight Against Music Co. After Deal

    A Texas federal judge has closed a dispute between a Houston hip-hop artist and his longtime business partner over the management of his music production company's funds, following the two agreeing to end the case.

  • July 14, 2025

    House Committee Proposes Commerce, Science Cuts

    A House Appropriations Committee bill released Monday would provide $76.8 billion in funding to agencies including the U.S. Department of Commerce and its subsidiary agencies, representing a 2.8% decrease from the previous fiscal year's budget.

  • July 14, 2025

    WilmerHale DQed From Representing Verizon In Patent Row

    A federal magistrate judge in Texas has disqualified WilmerHale from representing Verizon on the eve of a trial over allegations that the telecommunications company infringed wireless communications patents owned by Headwater Research.

  • July 14, 2025

    USPTO Acting Director Spurns 'Traditional Knowledge' Treaty

    The U.S. Patent and Trademark Office's acting director has come out against an international treaty that could require patent applicants to report if an invention uses the traditional knowledge of indigenous people, suggesting in remarks that such a rule would undermine the global patent system's effectiveness.

  • July 14, 2025

    Jury Says T-Mobile Owes $2M In 5G Equipment Case

    A Texas federal jury has awarded an Irish company $2 million after finding that T-Mobile's use of Ericsson base stations infringed its patent, which T-Mobile's attorneys argued was worth far less than the $245 million the plaintiff was seeking.

  • July 14, 2025

    Microsoft, OpenAI Ask 9th Circ. To Toss Coders' DMCA Claims

    Microsoft and OpenAI have asked the Ninth Circuit to affirm the dismissal of a suit brought by coders who claim that the companies' large language models spit out code almost identical to code they wrote, saying the coders have only alleged hypothetical injuries.

  • July 14, 2025

    Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent

    The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.

  • July 14, 2025

    J&J Unit Follows Fed. Circ. Win With Schizophrenia Drug Suits

    Johnson & Johnson's Janssen subsidiaries have sued Sun Pharma for patent infringement in federal courts in New Jersey and Delaware over the generics maker's plans to market its versions of Janssen's Invega Sustenna drug last week, following Janssen beating a patent challenge for the schizophrenia drug in the Federal Circuit.

  • July 14, 2025

    Ex-Engineer At Tech Co. IyO Hit With Trade Secrets Suit

    Technology company iyO Inc. has alleged in a California state court lawsuit that a former engineer gave confidential company information to the co-founder of competitor io Products Inc., which is currently facing a federal trademark lawsuit alongside its new owner, OpenAI.

  • July 14, 2025

    DraftKings Escapes Mobile App Patent Suit In NJ

    A New Jersey federal judge tossed claims that DraftKings copied patented features of its sports betting and fantasy game mobile application, ruling that the complaint from WinView Inc. failed to describe the alleged infringement.

  • July 14, 2025

    AI To Spark New Boom In Intangible, IP Assets, WIPO Says

    Artificial intelligence is driving a boom in intellectual property rights and other intangible assets, with a recent study showing that investments in software, brands and patents have grown over three times faster than physical assets since 2008.

  • July 11, 2025

    NCAA's $2.8B NIL Deal Nets Athletes' Firms Over $455M In Fees

    A California federal judge Friday approved approximately $455 million in attorney fees for class counsel in the NCAA's $2.78 billion class action settlement that, for the first time, will provide for revenue sharing with college athletes, with additional fees set to roll in annually for 10 years.

  • July 11, 2025

    Catching Up On Stewart's Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart and a top administrative patent judge issued 15 discretionary denial decisions on Patent Trial and Appeal Board petitions over the past week, across nearly 40 cases. Here's what they decided.

Expert Analysis

  • 7 Considerations For Conducting Drug Clinical Trials Abroad

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    With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • Best Practices For Companies Integrating Existing IP With AI

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    Some copyright owners are exploring how they can make new content by combining their existing intellectual property assets with generative artificial intelligence, and although these initiatives can serve multiple business goals, those considering such practices should be aware they are entering largely uncharted waters, says Josh Weigensberg at Pryor Cashman.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • How Athletes Can Protect Their Signature Celebrations As IP

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    As copyright and trademark law adapts to short-form choreography and dynamic media, athletes and their business partners have new tools to protect the intellectual property embedded in their unique dances, poses and celebrations, say attorneys at Debevoise.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

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    Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.

  • 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.

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