Intellectual Property

  • September 03, 2025

    TikTok, Chinese Co.'s $845M IP Fight Heads To October Trial

    A California federal judge refused to fully grant TikTok Inc. summary judgment or a terminating-sanctions win in a Chinese company's $845 million lawsuit accusing the social media giant of stealing video-editing tool trade secrets and infringing its copyrights, finding that the dispute must go to an October jury trial.

  • September 03, 2025

    Trump Sued Over Ending Patent Office Bargaining Rights

    A union representing workers from the Office of the Commissioner for Patents, which is part of the U.S. Patent and Trademark Office, sued President Donald Trump's administration Wednesday over an executive order that stripped federal workers of collective bargaining rights.

  • September 03, 2025

    Fed. Circ. Upholds Zynga PTAB Win Axing IGT Patent Claims

    The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that mobile game maker Zynga was able to show claims in an IGT patent were invalid, handing another loss to the gambling technology company.

  • September 03, 2025

    Samsung Argues New PTAB Memo Can't Undo Its Patent Win

    A new memo from the patent office's acting director that limits arguments available to patent challengers cannot be used to overturn a Patent Trial and Appeal Board decision invalidating a patent at issue in a $279 million verdict against Samsung, the tech giant has argued.

  • September 03, 2025

    Radio Host Hit With IP Suit Over Hulk Hogan Sex Tape Doc

    Florida radio host Bubba the Love Sponge Clem has been hit with an intellectual property lawsuit in federal court to try to stop him from releasing a documentary about the Hulk Hogan sex tape scandal.

  • September 03, 2025

    Amazon Targets 3 Groups Over Alleged 'Refund Abuse' Scams

    International crime rings have fleeced Amazon for nearly $1 million in cash and merchandise through sophisticated manipulation of the company's return process, the retail giant has claimed in a trio of lawsuits filed in Washington federal court.

  • September 03, 2025

    Patent Company Fights Baker Botts Atty's Bid To Trim Suit

    A patent licensing company and its owner asked a Florida federal judge to reject a bid from a Baker Botts LLP attorney seeking to trim their defamation case, saying the motion was premature as discovery had not been completed.

  • September 03, 2025

    Special Master Says Sherwin-Williams' Conduct Merits Fees

    A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.

  • September 03, 2025

    Tech, Small Biz Groups Push Against Value-Based Patent Fees

    An array of groups representing tech companies, small businesses and more wrote a letter to the leaders of the House and Senate Judiciary Committees, urging them to oppose the Trump administration's reported plan to charge patent owners a new fee based on the value of their patents.

  • September 03, 2025

    Covington IP Atty Joins WilmerHale In San Francisco

    WilmerHale announced Wednesday that an experienced intellectual property attorney has joined the firm's San Francisco office after nearly 15 years at Covington & Burling LLP.

  • September 03, 2025

    Indivior Attorney Rejoins McGuireWoods In Virginia

    A former associate general counsel for global pharmaceutical company Indivior Inc. has returned to private practice at her former firm, McGuireWoods LLP.

  • September 02, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.

  • September 02, 2025

    Apple Seeks Fees, Says Fintiv Tried To 'Avoid' Its Own IP Trial

    Apple Inc. on Friday urged a Texas federal court to award it attorneys' fees for work dating back to June 2022, saying digital wallet payment processor Fintiv Inc. engaged in unreasonable litigation conduct by trying to delay a trial in Fintiv's lawsuit accusing Apple of infringing a mobile wallet patent.

  • September 02, 2025

    Auto Injection, Ypsomed Settle Insulin Pen Patent Dispute

    Auto Injection Technologies LLC said Tuesday that it has settled its lawsuit in Texas federal court claiming Swiss drugmaker Ypsomed infringed a pair of drug delivery patents acquired from Sanofi-Aventis.

  • September 02, 2025

    Ex-XAI Engineer Who Joined OpenAI Must Hand Over Devices

    A California federal judge on Tuesday ordered a former engineer at xAI, Elon Musk's artificial intelligence company, to temporarily hand over personal devices for a forensic examination in litigation accusing him of stealing trade secrets and confidential information before going to work for competitor OpenAI.

  • September 02, 2025

    Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process

    Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.

  • September 02, 2025

    Del. Jury Awards $1.5M In Text Marketing Patent Trial

    A Delaware federal jury has awarded $1.5 million for patent infringement in a case between two companies that offer short message service marketing systems and that each alleged infringement of the other's intellectual property.

  • September 02, 2025

    VLSI Wants Chance To Defend Patent At Stewart's PTAB

    VLSI Technology LLC is asking the Federal Circuit for another chance to stop OpenSky Industries LLC from challenging its patent after being sanctioned, saying Tuesday that the inter partes review was only allowed based on guidance that has since been withdrawn.

  • September 02, 2025

    Two Unions Fight Trump Order Ending Labor Rights

    Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements. 

  • September 02, 2025

    Copyright Office Veteran Takes Over Registration Policy Role

    A longtime U.S. Copyright Office attorney has taken over the role dedicated to overseeing the section that registers copyrights, replacing Robert Kasunic, who is retiring after just over a decade in the position, the office said Tuesday.

  • September 02, 2025

    Confusion Over Slashed Patent Verdict Vexes Fed. Circ. Judge

    An attorney for Rex Medical butted heads with a Federal Circuit judge Tuesday over what a lower court actually did when it reduced a $10 million patent infringement verdict against Intuitive Surgical Inc. to $1, with the judge appearing frustrated by the confusion.

  • September 02, 2025

    Paramount Scores Some Docs In 'Top Gun' Copyright Suit

    A Manhattan federal judge on Tuesday granted Paramount Pictures' request for certain documents held by Shaun Gray, a man suing the company claiming that he wrote some key scenes in "Top Gun: Maverick" without receiving any money or credit.

  • September 02, 2025

    Nike, StockX Resolve Counterfeiting Suit Ahead Of Trial

    Shoe giant Nike and sneaker reseller StockX LLC have agreed to end Nike's false advertising claims that StockX sold counterfeit Nike shoes, according to a filing in New York federal court.

  • September 02, 2025

    Jury Clears Exela In Blood Pressure Drug Patent Suit

    A Delaware federal jury has cleared Exela Pharma Sciences in a suit claiming that its injection used to treat low blood pressure during anesthesia infringed patents owned by Nexus Pharmaceuticals.

  • September 02, 2025

    4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM

    A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.

Expert Analysis

  • You're Out?: Rooftop Views Of Sports Games Raise IP Issues

    Author Photo

    A high-profile dispute between the Chicago Cubs and a rooftop business adjacent to Wrigley Field strikes at the intersection of sports, intellectual property and Chicago neighborhood tradition, highlighting novel questions that could significantly affect IP rights in the context of live events generally, say attorneys at Troutman Pepper.

  • 5 Key Steps To Prepare For Oral Arguments

    Author Photo

    Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

  • A Change In Big Pharma Response To FTC Delisting Warnings

    Author Photo

    While the effect of Federal Trade Commission notices to pharmaceutical companies about allegedly improper patent listings in the U.S. Food and Drug Administration's Orange Book had been de minimis through the end of last year, July data shows an increase in delistings, say Ratib Ali and Celia Lu at Competition Dynamics.

  • 9th Circ. Finding That NFTs Are Goods Will Change TM Law

    Author Photo

    The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

    Author Photo

    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Data Undermines USPTO's 'Settled Expectations' Doctrine

    Author Photo

    An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

    Author Photo

    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • Fed. Circ. In July: Instability In IPR Requirements

    Author Photo

    The Federal Circuit's decision in Shockwave v. Cardiovascular last month provided an important, albeit short-lived, clarification to the type of evidence that can be used in an inter partes review challenge, say attorneys at Knobbe Martens.

  • Structuring Noncompetes In License And Collaboration Deals

    Author Photo

    As companies grappling with coming patent cliffs look to mergers and acquisitions to compensate, contracting parties assessing biopharma license and collaboration agreements should prepare to agree on noncompetes that ensure the parties' respective objectives are met and that their incentives are aligned, both under their collaboration and beyond, says Jeff Jay at Freshfields.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

    Author Photo

    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • 7 Ways To Fetch Patents In The World Of Working Animals

    Author Photo

    Though developers rarely file patents related to working animals, and animal training techniques are generally considered unpatentable, certain aspects of training and developing animals may be ripe for patent protection, say Matthew Avery at Baker Botts, Makenzi Galvan at Perkins Coie and Lute Yang at Orrick.

  • Ruling Puts 11th Circ. At Odds With Bankruptcy Courts

    Author Photo

    While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.

  • Series

    Law School's Missed Lessons: How To Make A Deal

    Author Photo

    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • A New IP Game Plan For College Football Players

    Author Photo

    For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
    Author Photo

    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here