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Intellectual Property
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September 30, 2025
Banker Defamed Jack Nicklaus After Pact Ended, Jury Told
Jack Nicklaus told a Florida state court jury on Tuesday that a banker and his associates defamed him after discontinuing a 15-year business relationship, saying their public relations campaign intentionally smeared his reputation after he refused to make a deal with Saudi Arabia.
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September 30, 2025
3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit
A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.
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September 30, 2025
Biogen Told To Pay Genentech $88M After IP Royalties Mistrial
Biogen MA Inc. owes Genentech Inc. more than $88 million in royalties related to expired patents, a California federal judge ruled Tuesday in a rare post-mistrial verdict arrangement.
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September 30, 2025
Merrill Lynch Denied Bid To Block Rival Firm's Launch
A Georgia federal judge on Tuesday refused to grant Merrill Lynch's bid for a temporary restraining order against a dozen former employees, Charles Schwab and Dynasty Financial Partners in a case concerning an alleged attempt to start a new independent financial advisory firm with Merrill's staff and confidential information.
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September 30, 2025
4 Federal Circuit Clashes To Watch In October
The Federal Circuit will hear arguments next week in cases where a nearly $42 million patent win for Seagen hangs in the balance due to a later post-grant review invalidity decision and where Regenxbio is seeking to undo the invalidation of its gene therapy patent for covering a natural product.
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September 30, 2025
Fed. Circ. Largely Unravels $4M Judgment In Curtain IP Fight
The Federal Circuit overruled most of a New York federal judge's $4 million infringement judgment against two hospitality providers on Tuesday, in a multifaceted appeal over hookless shower curtains.
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September 30, 2025
Wu-Tang Trade Secret Ruling Hints At New Way To Protect Art
A New York federal judge caused a splash last week when she ruled that a one-of-a-kind Wu-Tang Clan album can constitute a trade secret, and attorneys say the surprising decision could broaden the scope of trade secret protections to cover artistic works.
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September 30, 2025
Patent Owner Wants District Judge To Oversee Google IP Trial
The owner of a location tracking patent on Tuesday told the Manhattan federal court that he opposes having a magistrate judge conduct a bench trial on Google's equitable defenses to his infringement claims, saying he would invoke his Seventh Amendment rights unless the trial is heard by U.S. District Judge Alvin K. Hellerstein.
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September 30, 2025
Nevada Hospital Nets $510M Verdict In Staff Poaching Suit
A Nevada hospital won a jury award of more than $510 million in its lawsuit accusing Universal Health Services of raiding its staff and swiping its trade secrets during the COVID-19 pandemic.
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September 30, 2025
SEC Beats Law Prof's Suit To Protect NFTs That 'Troll' Agency
A Louisiana federal judge Tuesday permanently tossed a pre-enforcement challenge targeting the U.S. Securities and Exchange Commission's treatment of nonfungible tokens from a law professor and a musician who were seeking to protect projects that "troll" the SEC.
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September 30, 2025
College Athlete Advocates Join Supporters Of Senate NIL Bill
A day after three Democratic U.S. senators introduced a bill promising more protections for college athletes — including women, athletes in smaller sports and those at smaller institutions — under the new revenue-sharing rules, the proposal on Tuesday drew praise from advocates for athletes and labor, including an official from the AFL-CIO.
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September 30, 2025
Landlord Faces TM Suit Over Trump-Themed Burger Biz
The companies behind a Donald Trump-themed burger restaurant in Texas have filed a federal trademark lawsuit against their landlord, accusing him of hijacking the concept and operating the restaurant as his own establishment.
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September 30, 2025
Justices Could Enable IEEPA Taxes On Any Trade, Experts Say
If the U.S. Supreme Court decides that a president's power to regulate imports and exports under the International Emergency Economic Powers Act encompasses tariffs, a president could tax services, investments and intellectual property flowing into or out of the country, trade experts said Tuesday.
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September 30, 2025
Judge Freezes Chinese Cos.' Assets In X-Ray IP Suit
Two Chinese companies were barred from doing business in the United States and had their U.S.-based assets frozen by a Chicago federal judge until they comply with an earlier injunction order, with the judge stopping short of referring the pair and two of their executives for criminal contempt charges.
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September 30, 2025
Deel Urges Court To DQ Quinn Emanuel In Trade Secrets Fight
Payroll and human resources company Deel Inc. is urging a Delaware state court to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing its competitor Rippling in a trade secrets fight, saying its request is "a textbook case for disqualification" due to a conflict of interest.
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September 30, 2025
Law Professors, Tech Groups Back ROSS In Westlaw IP Fight
A tech startup appealing an adverse fair use ruling to the Third Circuit has received nearly a dozen briefs in support of its position that it did not infringe copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool driven by artificial intelligence.
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September 30, 2025
3M Wins Toss Of $1.7B Suit Over Post-It Notes IP Deal
A New York federal judge has tossed an inventor's $1.7 billion lawsuit challenging the terms of a settlement of his earlier intellectual property case against 3M over the inventorship of the Post-it note, saying his claims are barred by earlier litigation.
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September 30, 2025
Fla. Lawyer Charged With Battery While Facing Suspension
A Florida lawyer accused of scamming dozens of clients and facing emergency suspension was arrested Monday night on a domestic violence charge, a development that could hasten bar disciplinary action against him.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Pfizer Says Drugmaker Moving Too Early On Arthritis Generic
Pfizer has asked a Delaware federal court to block generic-drug maker Prinston Pharmaceutical from moving forward with plans to sell a generic version of the arthritis drug Xeljanz that would allegedly infringe Pfizer's patent.
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September 29, 2025
DLA Piper Must Face Trial In Pregnancy-Firing Suit
A New York federal judge on Monday said DLA Piper must face trial in a discrimination case by a former lawyer who was fired two months after disclosing her pregnancy, saying the former seventh-year IP associate has made out a case around the circumstances of her 2022 departure.
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September 29, 2025
6 Copyright, TM Cases On Tap As Justices Begin New Term
The new U.S. Supreme Court term could be an eventful one for intellectual property law, with a $1 billion copyright fight on deck between music publishers and Cox Communications that is expected to clarify the bounds of liability for internet companies over their customers’ illegal downloads. Here's a look at some of the IP cases under review as the justices begin their new term Oct. 6.
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September 29, 2025
House GOP Lawmakers Back ITC Import Ban Won By Oura
A group of House Republicans want the U.S. Trade Representative to uphold the U.S. International Trade Commission's decision to block Ultrahuman and RingConn from importing products it held infringed an Ouraring Inc. wearable computing device patent.
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September 29, 2025
Meta Stole Plan For Instagram Shopping, Antitrust Suit Alleges
A British company Friday sued Meta Platforms Inc. in California federal court, claiming the tech giant was only able to build Instagram Shopping and create a "Meta monopoly" over the tag-based shopping market by secretly stealing the startup's proprietary business plan and exploiting its social network dominance.
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September 29, 2025
No New Trial In Eyedrop TM Case, But Damages Cut To $11M
A California federal judge has rejected a motion for a new trial in a trademark case between eyedrop makers after a jury awarded one side $35 million, saying there was plenty of evidence to support a finding of infringement while reducing the damages award to about $11.2 million.
Expert Analysis
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Future-Proof Patent Law By Starting Talent Pipelines Early
Law firms struggling with a narrow talent pipeline in the intellectual property space should consider beginning their recruitment strategies for potential candidates as early as high school, and raise awareness for career opportunities that do not require a law degree, says Christine Hollis at Marshall Gerstein.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How USPTO Examiner Memo Informs Software Patent Drafting
A memorandum recently released by the U.S. Patent and Trademark Office provides useful clues as to how the USPTO and examining corps will evaluate claims in software-implemented inventions for subject matter eligibility going forward, says Michael Lew at Squire Patton.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Enablement Standard Insights From Fed. Circ. Agilent Ruling
The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.
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How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders
The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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You're Out?: Rooftop Views Of Sports Games Raise IP Issues
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.
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5 Key Steps To Prepare For Oral Arguments
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.