Intellectual Property

  • September 16, 2025

    Fed. Circ. Brushes Off Wig Grip Patent Case

    The Federal Circuit on Tuesday refused to revive a wig grip apparatus patent owner's suit accusing a California hair replacement service of infringement, agreeing with how the lower court interpreted a key patent phrase.

  • September 16, 2025

    Dickinson Wright Adds IP Ace In Austin From PayPal

    Dickinson Wright PLLC has strengthened its intellectual property team with an of counsel in Austin, Texas, who spent nearly a decade working in-house at PayPal.

  • September 15, 2025

    Jazz Loses Bid To Block Avadel From Seeking Sleep Drug OK

    Jazz Pharmaceuticals Inc. cannot block Avadel CNS Pharmaceuticals LLC from seeking U.S. Food and Drug Administration approval for its sleep disorder treatment, a Delaware federal judge ruled, saying the act of seeking FDA approval is not an infringing activity that can be enjoined.

  • September 15, 2025

    AbbVie Settles Rinvoq Litigation, Blocks Generics Until 2037

    AbbVie Inc. has settled litigation with drug manufacturers, blocking generic versions of its immunosuppressant Rinvoq drug from the market for just over a decade and closing out litigation that accused generic-drug makers of infringing a slew of its patents.

  • September 15, 2025

    Bayer Urges 9th Circ. Not To Revive Tevra Flea, Tick Meds Suit

    Bayer is urging the Ninth Circuit not to grant a new trial over claims that it locked up the market for pet flea and tick treatment, saying the only evidence that rival Tevra showed a jury at trial was "highly dubious."

  • September 15, 2025

    Ex-PTAB Leader Reflects On USPTO After Leaving Agency

    One of the Patent Trial and Appeal Board's most senior judges has left the U.S. Patent and Trademark Office after more than 13 years, and soon after joining private practice she spoke with Law360 about her history at the agency and the current dynamics playing out at the office.

  • September 15, 2025

    Stewart Says New Policies Seek Fairness For Patent Owners

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Monday the numerous changes to patent reviews she has implemented are intended to provide "more balance and fairness" for patent owners, and bring the reviews "back to how they were originally intended."

  • September 15, 2025

    Eli Lilly Fights $278M Drug Royalties Ruling At 9th Circ.

    Eli Lilly urged the Ninth Circuit at a hearing on Monday to reverse a finding that it owes an Arizona company $278 million from insulin-brands sales under their royalty agreement, arguing it is off the hook because Eli Lilly only used that company's technology in manufacturing, not in the final product.

  • September 15, 2025

    High Times Magazine Brings TM Infringement Action

    High Times Magazine claims a company fraudulently registered its name to sell dog food, alcohol and other products, and is urging a Nevada federal court to declare the magazine owner the rightful holder and to cancel the registrations obtained largely during the period the monthly fell out of publication and into bankruptcy.

  • September 15, 2025

    Full Fed. Circ. Urged To Check Revived Dumbbell Patent

    An exercise equipment company is urging the full Federal Circuit to take a closer look at a panel decision that revived a dumbbell patent that PowerBlock Holdings Inc. asserted against it, saying that the validity holding "risks destabilizing the law of patent eligibility."

  • September 15, 2025

    Roku Gets Judge To Ax Claims In 7 Media Patents Under Alice

    A California federal judge has thrown out a suit accusing Roku Inc. of infringing patents on automatic content recognition technology for commercial advertising after finding claims in the patents were invalid under the U.S. Supreme Court's Alice standard.

  • September 15, 2025

    2nd Circ. Backs Jimmy Kimmel In George Santos IP Fight

    The Second Circuit on Monday declined to revive George Santos' claims against Jimmy Kimmel, ABC and Disney over video clips the late night host tricked the now-imprisoned former congressman into making, agreeing the fair use doctrine bars the copyright suit.

  • September 15, 2025

    X Corp., X Social Media Settle TM Fight Over Twitter Rebrand

    An advertising agency for attorneys, X Social Media, has settled a trademark dispute with X Corp. that arose from Elon Musk's Twitter rebrand, the parties told a Florida federal judge Monday.

  • September 15, 2025

    Software Co. Defends Contempt Order Against Womble Atty

    A North Carolina federal court fairly held Womble Bond Dickinson partner Pressly Millen in contempt after he and his client made misrepresentations in a "parallel" trademark dispute abroad, U.S.-based software company Dmarcian Inc. told the Fourth Circuit on Friday.

  • September 15, 2025

    Record Labels, Internet Archive Settle Copyright Feud

    A group of record labels has settled a copyright suit that accused the Internet Archive of infringing thousands of songs after making them available for free as part of the "Great 78 Project," according to a joint notice from the parties filed Monday in California federal court.

  • September 15, 2025

    USPTO Regional Director Joins Holland & Hart In Denver

    The U.S. Patent and Trademark Office's former regional director in the Rocky Mountains has joined Holland & Hart LLP as of counsel, the firm announced Monday.

  • September 15, 2025

    Fed. Circ. OKs PTAB Denial Of Motorola Lens Patent Challenge

    The Federal Circuit on Monday declined to revive Motorola Mobility LLC's challenge to an imaging lens system patent owned by a Taiwanese company, affirming the Patent Trial and Appeal Board's finding that the smartphone maker failed to show the claims were invalid.

  • September 12, 2025

    Google Gets IP Claims Against Some AI Products Tossed

    A California federal judge trimmed Thursday a consolidated proposed class action alleging Google's artificial-intelligence training models infringed artists and writers' copyrights and dismissed its parent company Alphabet altogether, finding that the creators can only pursue claims implicating six out of 16 of Google's AI products.

  • September 12, 2025

    Dentons Ducks Chinese Vape-Maker's Hacking Suit

    Dentons has officially escaped allegations it helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, in part by hacking into its founder's laptop to access confidential information, according to newly filed documents.

  • September 12, 2025

    Stewart Issues New Slate Of Discretionary Denials

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.

  • September 12, 2025

    Tootsie Roll Sues Rival Candy Seller Over 'Tootsi' Mark

    Confectionery giant Tootsie Roll Industries filed a trademark infringement suit in Illinois federal court Thursday against Tootsi Impex for using a confusingly similar name, Tootsi, to sell competing candy products, more than 20 years after it opposed the defendant's design mark application to use the name in Canada.  

  • September 12, 2025

    Jury Awards Mallinckrodt $9.5M In Nitric Oxide Patent Suit

    A Delaware federal jury awarded Mallinckrodt Pharmaceuticals almost $9.5 million on Friday, finding that French industrial gas company Airgas Healthcare infringed patents covering its inhaled nitric oxide treatment.

  • September 12, 2025

    Novartis Takes Entresto Bench Trial Loss To Fed. Circ.

    Novartis urged the Federal Circuit on Friday to save it from a Delaware federal judge's holding that generic-drug maker MSN Pharmaceuticals did not infringe a patent covering the blockbuster cardiovascular drug Entresto.

  • September 12, 2025

    Hytera Fights Motorola's Contempt Bid Over Subsidiary Sale

    Hytera Communications Corp. has urged an Illinois federal judge to reject Motorola Solutions' bid to hold it in contempt for using subsidiary sale funds to pay off lenders instead of paying Motorola what it's owed under a trade secrets judgment, arguing it shouldn't be punished for conducting ordinary business.

  • September 12, 2025

    Shein Uses AI To Steal Popular Designs, Suit Claims

    Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.

Expert Analysis

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

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    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

  • Fed. Circ. In April: Introducing New Evidence During IPR

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    The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • DOJ Export Declination Highlights Self-Reporting Benefits

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    The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.

  • A Cautionary Fed. Circ. Tale On Design Patents

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    The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • USPTO Decision Provides Clearer Path To Ex Parte Reexam

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    In light of an uptick in ex parte reexamination filings as an alternative way to challenge patent validity, both petitioners and patent owners may benefit from understanding a new framework for determining when estoppel applies, explained by the U.S. Patent and Trademark Office in a recent petition decision, says Chris Coulson at Skadden.

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