Intellectual Property

  • June 26, 2025

    Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row

    A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.

  • June 26, 2025

    Garmin Seeks Escape From Fitness Tracker IP Suit

    Garmin International Inc. has asked a Michigan federal judge to throw out a patent infringement suit brought by Israeli wearable tech firm CardiacSense Ltd. or at least pause the case while the Patent Trial and Appeal Board reviews the patents-in-suit.

  • June 26, 2025

    Fed. Circ. Pushed To Rethink Part Of Samsung Win In IP Row

    The owner of a patent on stylus detection technology wants the Federal Circuit to rethink part of a May panel decision handing Samsung a win in a challenge to the patent, saying the court should instead affirm part of a Patent Trial and Appeal Board in its favor.

  • June 26, 2025

    Marketing Co. Fights For TM Case As X Corp. Seeks Sanctions

    Legal marketing firm X Social Media LLC told a Florida federal judge that its claims that Elon Musk's decision to rebrand the social media platform he owns from Twitter to X poses a risk of consumer confusion should be left to a jury, while Musk's company accused the marketing firm of case delays worthy of sanctions.

  • June 26, 2025

    Craft Co. Brings IP, Defamation Suit After Facebook Comment

    A Wisconsin crafting company filed infringement claims against a competing firm over three patents on magnetic hoops used to hold fabric taut while it is being embroidered and accused its owner of defamation after he allegedly told people those patents had not actually been granted.

  • June 25, 2025

    Stewart, APJ Leader Discretionarily Deny 33 More Petitions

    The acting U.S. Patent and Trademark Office director rejected 21 petitions for Patent Trial and Appeal Board reviews on Wednesday, and the board's acting deputy chief judge denied another 12 where the acting director recused herself for the first time.

  • June 25, 2025

    Fed. Circ. Keeps Qualcomm, Apple IP Suit In Texas

    The Federal Circuit rejected a petition from Qualcomm and Apple challenging U.S. District Judge Alan Albright's refusal to transfer patent litigation against the two tech giants from Texas to California, saying the companies hadn't met the "demanding standard" to show a "clear abuse" of discretion by the judge.

  • June 25, 2025

    Full Fed. Circ. Won't Review ITC Marketing Decision

    The full Federal Circuit on Wednesday rejected the U.S. International Trade Commission's call to reconsider a panel's holding that sales, marketing and similar expenditures can satisfy domestic industry requirements.

  • June 25, 2025

    Cigna Says Bristol-Myers Delayed Cancer Drug Generic

    Cigna has launched an antitrust suit in New York federal court accusing Bristol-Myers Squibb Co. and its Celgene subsidiary of fraudulently obtaining patents, filing sham litigation and paying off generic-drug makers to maintain a monopoly on their blockbuster blood-cancer drug Pomalyst.

  • June 25, 2025

    Fed. Circ. Backs HP Unit's Alice Win In California

    The Federal Circuit refused to revive a lawsuit accusing HP unit Polycom of infringing a multimedia communication patent, backing a California federal judge's finding that the patent wasn't valid to begin with.

  • June 25, 2025

    Fed. Circ. Won't Revive Inventor's Patent Suit Against Google

    The Federal Circuit on Wednesday denied a bid to revive a patent infringement case from a man who says Google's products use aspects of his threat-detection technology.

  • June 25, 2025

    Copyright Office Won't Collapse Sans Perlmutter, Trump Says

    The Trump administration has said the fired leader of the U.S. Copyright Office has not shown that the agency's operations "will grind to a halt" if she is not immediately reinstated and asked a D.C. federal judge to reject her motion for a preliminary injunction.

  • June 25, 2025

    Meta Beats 'Half-Hearted' Harm Args In AI Fair Use Suit

    A California federal judge concluded Wednesday that it was fair for Meta Platforms Inc. to train its Llama large language models with 13 bestselling authors' copyrighted material without their permission, calling their arguments that the tech giant's use of their works would harm the market for their books "half-hearted."

  • June 25, 2025

    Ex-Google Engineer Nixes Evidence Over Miranda Violation

    A California federal judge has ordered that statements a former Google engineer made to federal agents investigating him for espionage and trade secret theft must be suppressed because they violated the Chinese national's Miranda rights.

  • June 25, 2025

    Stroller Maker Can't Escape Rival's Patent Suit

    A Massachusetts federal judge has denied a bid from a baby products company to escape patent infringement claims from a rival, saying the eight years of inaction between the case being filed and when the parties last corresponded about the patent was not enough to reasonably assume that the patent wouldn't be enforced.

  • June 25, 2025

    Atty's Ex-Wife Tells NC Justices She's Owed Half Firm's Worth

    The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution.

  • June 25, 2025

    Feds Remark On Injunction Bid In IP Suit Against Samsung

    Nonpracticing entities are allowed to get preliminary injunctions in patent cases in situations where a patent owner can show that it would be irreversibly harmed without one, the federal government has said in an infringement case against Samsung.

  • June 25, 2025

    Farm Products Co. Sues Ex-Owner Over Trade Secrets Theft

    Agricultural products company AgXplore sued a former owner claiming that after a $100 million buyout he continued to compete with the company and misappropriated its trade secrets.

  • June 24, 2025

    Wash. Smoke Shop Settles Store Name TM Suit

    A Washington smoke chain has agreed to end claims against several rivals it accused of trademark infringement after they allegedly engaged in unauthorized use of its name, Smoke City, so they could trade on the goodwill it had developed with customers.

  • June 24, 2025

    Anthropic Copyright Ruling May Spur More AI Licensing Deals

    The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.

  • June 24, 2025

    Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.

    Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.

  • June 24, 2025

    Sirius XM Fee Suit Undermined By Site Changes, Judge Hints

    A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.

  • June 24, 2025

    Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban

    California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.

  • June 24, 2025

    Fed. Circ. Adds Groombridge Wu Partner To Advisory Council

    The Federal Circuit said Tuesday that it will add Jennifer Wu, a founding partner at Groombridge Wu Baughman & Stone, to an advisory council that studies and makes recommendations to the court's rules and operating procedures.

  • June 24, 2025

    US Chamber Says Copyright Infringement Costing Billions

    A report released Tuesday from the U.S. Chamber of Commerce said copyright infringement is costing the U.S. economy billions of dollars each year and resulting in hundreds of thousands of lost jobs.

Expert Analysis

  • Prospects And Challenges For Expert Evidence At The UPC

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    Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Increased Tariffs Create Opportunity To Protect IP Rights

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    Heightened tariffs on certain foreign imports have created operational and fiscal challenges for companies, but the corresponding increase in customs inspections could offer a silver lining of more consistent enforcement against counterfeit and infringing goods, says Andraya Pulaski Brunau at Day Pitney.

  • Prior Art Ruling Highlights Importance Of Detailed Elaboration

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    The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Section 899 Could Be A Costly Tax Shift For US Borrowers

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    Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Opinion

    Anti-Counterfeiting Efforts Must Hold China Accountable

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    As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.

  • Securing IP Protection For AI Avatars

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    As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

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    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling

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    After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Strategies For Litigating In The Unified Patent Court

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    Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.

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