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Intellectual Property
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July 23, 2025
Operators Of Streaming Site Jetflicks Sentenced Up To 7 Years
Five people convicted last year of running an illegal streaming website called Jetflicks have been sentenced by a Nevada federal judge, with one receiving seven years in prison and three others receiving shorter terms.
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July 23, 2025
Fed. Circ. Deems 'Kist' And 'Sunkist' Marks Confusingly Alike
The Federal Circuit on Wednesday reversed a trademark tribunal's conclusion that "Kist" and "Sunkist" soft drink marks were not confusingly similar, saying the board was wrong to distinguish the goods by focusing on images of red lips and the sun in marketing materials for the products.
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July 23, 2025
Indiana CPA Gets 3 Years In Royalty Payment Tax Scheme
An Indiana accountant received a three-year prison sentence for willfully preparing tax returns for clients who inappropriately claimed millions of dollars worth of business deductions based on false royalty payments made for using intellectual property, according to federal prosecutors.
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July 23, 2025
PTAB Ends Remote Hearings Beginning Sept. 1
The U.S. Patent and Trademark Office is mandating that all Patent Trial and Appeal Board proceedings take place in person, starting Sept. 1.
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July 23, 2025
Fed. Circ. Backs Decision Clearing Seismic Bracing In IP Case
The Federal Circuit on Wednesday said it won't revive an intellectual property lawsuit SME Steel Contractors launched against a company founded by its former head engineer, finding that a lower court rightly sided with the newer company on patent, copyright and other claims it had faced.
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July 23, 2025
Bradley Arant Taps Arnall Golden Fintech Pro In Atlanta
Bradley Arant Boult Cummings LLP has added a former Arnall Golden Gregory LLP attorney as a partner in the firm's banking and financial services group to extend its Atlanta team counseling technology companies.
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July 23, 2025
Trump Publishes AI 'Action Plan' With 90 Policy Proposals
In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.
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July 23, 2025
Developer Accuses Payment App Of 'Cynical' Data Theft Claim
A former consultant with a company that provides card payment services to taxi drivers has accused it of "opportunistically" launching a legal claim to stifle his legitimate business, denying he stole proprietary information to develop his system.
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July 22, 2025
Brandt's Fruit Trees Says Farm Misuses 'Pink Lady' Apple TM
Brandt's Fruit Trees filed a trademark infringement suit in Washington federal court Monday accusing a Yakima Valley farm of illegally using its Pink Lady apple trademark in connection with approximately 55,000 unlicensed trees that produce Lady in Red apples, in violation of their grower licensing agreement.
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July 22, 2025
Engineer Cops To Stealing Missile Tracking Tech To Aid China
An engineer who worked at a tech company admitted in California federal court to stealing trade secrets regarding nuclear missile detection used by the U.S. government after previously seeking to help the People's Republic of China with its military research, according to the U.S. Department of Justice.
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July 22, 2025
IP Atty's FCA Suit Against Valeant Over Apriso Tossed Again
A California federal judge on Tuesday again threw out an attorney's whistleblower False Claims Act suit alleging Valeant Pharmaceuticals fraudulently obtained a patent to block generic Apriso, but gave him several weeks to amend his case.
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July 22, 2025
Fed. Circ. Urged To Nix Motorola Fintiv Memo Withdrawal Fight
Stellar Inc. has urged the Federal Circuit to ignore Motorola's challenge to a decision by the U.S. Patent and Trademark Office's acting leader that shut down its attempt to invalidate various Stellar patents at the Patent Trial and Appeal Board.
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July 22, 2025
NY Judge Backs Calif. Bioscience Co. In $15M Arbitration Row
A New York federal judge has ruled that a California-based bioscience company can enforce an arbitration award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical firm, saying there is no genuine dispute since the biopharmaceutical firm failed to respond.
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July 22, 2025
Fed. Circ. Won't Stop Entresto Generic During Novartis Appeal
The Federal Circuit won't stop MSN Pharmaceuticals from releasing its generic version of Novartis' blockbuster cardiovascular drug Entresto while the latter appeals a noninfringement ruling, according to a Tuesday order.
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July 22, 2025
Sandals Owes Longtime Ad Partner $50K In Copyright Trial
Resort giant Sandals owes nearly $50,000 to a former, longtime, advertising partner for copyright infringement regarding 33 photos and videos, a Florida federal judge ruled Monday following a bench trial, but found that over 600 other claimed works don't qualify for damages.
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July 22, 2025
Fair Use Carveout Applies To Med Device Repairs, Judge Says
A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.
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July 22, 2025
Zynga PTAB Win Upheld As Fed. Circ. Finds No 'Shenanigans'
The Federal Circuit on Tuesday upheld the Patent Trial and Appeal Board's invalidation of an IGT gambling patent challenged by mobile game maker Zynga, saying the board did not engage in unlawful "shenanigans" by reviewing the patent after an earlier dispute between the parties.
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July 22, 2025
Judge Nixes 'Ghost' Lawyer's Suit Against Ex-Employee, Atty
A Florida judge has tossed a lawsuit that an attorney accused of ghosting and defrauding his clients brought against his former paralegal and a legal malpractice lawyer alleging they conspired to steal his clients and trash his reputation.
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July 22, 2025
Maxell Seeks Boost To $112M Patent Award, Samsung Hits Back
Maxell Ltd. has asked a Texas federal judge to enhance a $112 million jury verdict and permanently bar Samsung from infringing patents covering functions in personal electronics, while Samsung said the verdict should be thrown out as a matter of law.
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July 22, 2025
Fed. Circ. Won't Intervene In Pipe Liner Discovery Dispute
The Federal Circuit on Tuesday rejected German packaging company Buergofol GmbH's bid to override a South Dakota federal court's decision saying pipe liner company Omega Liner Co. Inc. can obtain certain information in discovery as part of a patent infringement suit against Omega.
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July 22, 2025
WTO Finds China's Anti-Suit Injunctions Violate TRIPS
China's use of anti-suit injunctions in patent litigation violates an international intellectual property agreement, according to arbitrators at the World Trade Organization.
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July 22, 2025
Brandy Melville Hits Temu For 'Bait-And-Switch' Copycat Garb
Bargain-shopping app Temu's entrance into the "ultra fast fashion" market might have been "meteoric," but that's because it rips off other brands' intellectual property to sell cheap copycat products, Brandy Melville alleges in a federal lawsuit, claiming Temu even uses the clothing brand's photographs to pull a "bait-and-switch" on shoppers.
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July 22, 2025
IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud
The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.
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July 22, 2025
USPTO Employee Held In China Amid Visa Disclosure Dispute
The U.S. State Department said Tuesday it is speaking with Chinese government officials about a U.S. Patent and Trademark Office employee who is being prevented from leaving the country.
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July 22, 2025
Ex-Mich. Players Say Ohio Ruling Can't Sink $50M NIL Suit
Former University of Michigan football players have told the court the NCAA and the Big Ten Conference cannot use a similar case in Ohio to escape the players' antitrust suit accusing the defendants of monopolizing profits and depriving athletes of their fair share.
Expert Analysis
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Takeaways From Gov't Report On AI Copyrightability
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.
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Strategies To Help Witnesses Manage Deposition Anxiety
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.
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3 Red Flags To Watch For When Valuing Patent Portfolios
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.
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A Cold War-Era History Lesson On Due Process
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.
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Series
Improv Makes Me A Better Lawyer
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.
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How BigLaw Executive Orders May Affect Smaller Firms
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.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
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.
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How To Accelerate Your Post-Attorney Career Transition
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.
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5 Key Licensing Considerations For AI Innovations
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.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
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.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
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.
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Protecting Brand Identity In An AI-Driven Marketplace
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.
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Series
Birding Makes Me A Better Lawyer
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.
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Justices May Clarify What IP Competitors In Litigation Can Say
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.
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How To Ensure Confidentiality When Using AI In Discovery
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.