Intellectual Property

  • August 11, 2025

    Apple Prevails In Heartbeat Patent Suit On Standing, Invalidity

    A New York federal judge has tossed a New York University cardiologist's lawsuit alleging an Apple Watch feature that monitors and detects irregular heartbeats infringes his patent, siding with a magistrate judge's finding that he lacks standing and the patent is invalid.

  • August 11, 2025

    IP Atty Asks High Court To Hear 'US Space Force' TM Case

    An intellectual property lawyer has urged the U.S. Supreme Court to hear his case to register the trademark "US Space Force," seeking a reversal of a trademark board decision that denied him registration of the mark even though he applied for it before the creation of the military branch with the same name.

  • August 11, 2025

    Photographer Says Media Co. Misued His Bitcoin Photo

    A professional photographer sued financial media company Benzinga on Monday in Michigan federal court, accusing it of wrongfully using one of his copyrighted photos featuring bitcoin iconography in its online content.

  • August 11, 2025

    AI Firm Anthropic Can't Get Pause For Early Fair Use Appeal

    A California federal judge on Monday denied a request from artificial intelligence firm Anthropic to pause a case over its use of books to train its large language model so it could appeal a ruling saying a jury would decide whether damages were warranted for the company's use of pirated works.

  • August 11, 2025

    Calif. Judge Shuts Off Some Netflix Patent Claims In Suit

    A California federal judge has narrowed Netflix's lawsuit accusing Broadcom of ripping off five software patents, tossing some patent claims for good while giving the streaming company the ability to amend others.

  • August 11, 2025

    Levi Strauss Sues NotSoNormal Over Alleged TM Infringement

    Levi Strauss & Co. has launched a trademark infringement action against a Los Angeles-based retailer it accuses of selling reworked versions of its apparel products for hundreds of dollars, according to a complaint in California federal court.

  • August 11, 2025

    Weil Brings On Another IP Litigation Duo From Latham

    Weil Gotshal & Manges LLP announced Monday that it has hired more attorneys from Latham & Watkins LLP, this time bringing on two intellectual property attorneys in Boston and San Francisco on the heels of other recent additions from the firm.

  • August 08, 2025

    Trump Admin Threatens To Take Harvard's Patents

    The U.S. Department of Commerce on Friday threatened to invoke the government's so-called march-in rights to take control of patents owned by Harvard University, accusing the Ivy League institution of not meeting its obligations tied to federally funded research.

  • August 08, 2025

    Missy Elliott Producer Can't Delay Copyright Trial

    A Pennsylvania federal judge refused Thursday to delay a copyright trial against music superstar Missy Elliott until after a sanctions motion is decided, leaving the trial set for Aug. 25.

  • August 08, 2025

    Denver Broncos Say Coffee Co. Used IP Despite Owing $1.5M

    The Denver Broncos told a Colorado state court Friday that a now-defunct coffee company illegally used the team's intellectual property to sell products even though it owed the team over $1.5 million.

  • August 08, 2025

    Fired Copyright Office Director Takes Fight For Job To DC Circ.

    The ousted head of the U.S. Copyright Office brought the fight over President Donald Trump's termination of her to the D.C. Circuit on Thursday, where she asked for an emergency injunction to reinstate her while she challenges her "patently unlawful removal."

  • August 08, 2025

    MSN Calls On Full Fed. Circ. To Rethink Double Patenting Rule

    MSN Laboratories urged the full Federal Circuit on Friday to reconsider a decision on when patents can be invalidated for double patenting, arguing in a Parkinson's disease drug case that the court has improperly limited the free use of expired patents and permitted harassing lawsuits.

  • August 08, 2025

    How Patent Attys Can Limit 'Skinny Label' Risks In Ads

    The Federal Circuit has twice cited a company's marketing practices to allow arguments that a generic drug's "skinny label" could induce patent infringement, and here, Law360 offers tips on how patent attorneys can take a more active role in making sure company and client advertisements pass muster.

  • August 08, 2025

    USPTO Throws Out Over 52,000 TM Apps For Fraud Issues

    The U.S. Patent and Trademark Office has thrown out tens of thousands of applications and registrations for trademarks prepared by a Chinese company that allegedly forged signatures and doled out legal advice despite not having the training to do so.

  • August 08, 2025

    Vape Maker Must Arbitrate Claims Of Distributor Misconduct

    A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.

  • August 08, 2025

    George Clinton Fights Sanctions In Decades-Long IP Battle

    Funk legend George Clinton has asked a Florida federal court to reject sanctions and lawsuit dismissal bids from music executive Armen Boladian, arguing that his copyright ownership complaint is not frivolous.

  • August 08, 2025

    GlaxoSmithKline Will Get $500M In CureVac-Pfizer Patent Deal

    British pharmaceutical company GlaxoSmithKline said Friday it stands to make up to $500 million from settlements between German biotech companies CureVac and BioNTech after their legal disputes were squashed by a merger.

  • August 08, 2025

    Citing 'Seinfeld,' Nostalgic Judge Pares SmartSky Patent Suit

    A federal judge pined for the pre-internet days of disconnectivity while flying and blamed two in-flight Wi-Fi companies for ushering that era's demise as he invalidated a claim in one of the patents in an infringement dispute between the two.

  • August 08, 2025

    Match Beats Rest Of British Telecommunications Patent Suit

    Match.com has defeated the remainder of a lawsuit claiming it infringed a personal profile patent owned by British Telecommunications, saying the last claim at issue didn't pass either prong of the U.S. Supreme Court's Alice test.

  • August 08, 2025

    Fed. Circ. Undoes LG's $14M Trial Loss, Invalidating Patent

    The Federal Circuit on Friday scrapped a $14 million judgment against LG Electronics Inc. for infringing a Mondis Technology Ltd. patent covering a computer display technology, deeming the patent invalid based on an inadequate written description.

  • August 08, 2025

    Warner Bros. Faces TM Trial Over 'Ugliest House' Show

    A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.

  • August 08, 2025

    Judge Tosses $150M Royalties Suit Against SiriusXM

    A Manhattan federal judge has dismissed a suit against SiriusXM from a nonprofit royalty collector alleging $150 million in unpaid royalties, saying the dispute cannot be litigated under a certain section of the Copyright Act.

  • August 08, 2025

    Stewart Rejects 8 IPR Petitions While Overriding May Denial

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.

  • August 08, 2025

    Google Loses Bid To Send Patent Case From WDTX To Calif.

    A Western District of Texas magistrate judge has refused to ship to California a lawsuit accusing Google of infringing patents covering ways to safely do financial transactions on a mobile device, finding the tech giant failed to show the Golden State was more convenient.

  • August 08, 2025

    Buchanan Ingersoll Hires Section 337 Leader From Polsinelli

    Buchanan Ingersoll & Rooney PC has brought on as shareholder an international trade attorney from Polsinelli PC to lead its International Trade Commission Section 337 practice, the firm has announced.

Expert Analysis

  • Takeaways From Gov't Report On AI Copyrightability

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    A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • 3 Red Flags To Watch For When Valuing Patent Portfolios

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    As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Protecting Brand Identity In An AI-Driven Marketplace

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    A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How To Ensure Confidentiality When Using AI In Discovery

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    In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.

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