Intellectual Property

  • June 20, 2025

    Judge Denies Raw Story, AlterNet's Bid To Revive OpenAI Suit

    A Manhattan federal judge has denied a request from AlterNet and Raw Story to reconsider the dismissal of their lawsuit accusing OpenAI of removing author and copyright information from material to train ChatGPT, saying the plaintiffs can appeal to the Second Circuit.

  • June 20, 2025

    Tech Firm Says AI Case Puts Patent Law At 'Breaking Point'

    An analytics firm has told the Federal Circuit that a case involving machine learning patents pushes patent eligibility jurisprudence to "its breaking point," asking for the full circuit to hear the case after a panel ruled that its patents for using machine learning to schedule TV broadcasts were invalid.

  • June 20, 2025

    Nike, Shoe Surgeon Settle TM Suit Over Custom Sneakers

    Nike has agreed to settle a trademark lawsuit it brought in New York against a Los Angeles-based sneaker customizing company called The Shoe Surgeon and others for direct and contributory infringement, with the defendants agreeing to pay an undisclosed sum to the sports apparel giant.

  • June 20, 2025

    Patent Suit Against Alibaba Dropped After Sanctions Bid

    Cooperative Entertainment Inc. has ended its patent lawsuit against Alibaba Cloud US LLC after the latter company sought to have the case thrown out earlier this month as a sanction for what it said was "extreme" conduct by opposing counsel.

  • June 20, 2025

    Artist Accuses Hachette Of AI-Created Copyright Violations

    A freelance artist accused Hachette Book Group of using artificial intelligence to create derivative book covers of copyrighted artwork he created for books authored by romance and thriller novelist Sandra Brown.

  • June 18, 2025

    Rapid-Fire Gun Trigger Maker Accuses Rival Of Infringing IP

    Patent holder ABC IP LLP and gun trigger maker Rare Breed sued a gun company in Ohio federal court, accusing it of selling a "super safety" device that's infringing a patent related to a forced-reset trigger that speeds the rate of fire for AR-15-style firearms.

  • June 18, 2025

    Kumho Tire Says NC Seller Is Ripping Off Trademarks

    Georgia-based tire maker Kumho Tire USA Inc. is going after an Amazon seller for alleged Lanham Act violations, saying North Carolina-based GE Tires Online Inc. is selling tires using its trademarks and branding them as new when they are "used, closed-out, liquidated, counterfeit, and/or nongenuine."

  • June 18, 2025

    Apple Gets PTAB To Ax All Claims Of Biometric Patent

    The Patent Trial and Appeal Board has found that Apple proved that claims across a Proxense patent on biometric verification technology are invalid, holding that they were obvious.

  • June 18, 2025

    Fed. Circ. Blocks ITC Sanctions Appeal Without Import Tie

    The Federal Circuit does not have jurisdiction to review whether the U.S. International Trade Commission properly denied Realtek's request for sanctions based on a third-party licensing agreement, as it has no bearing on the question of illegal imports, the court concluded Wednesday.

  • June 18, 2025

    Split 9th Circ. Partly Undoes Walmart Copyright Verdict

    The Ninth Circuit on Wednesday reversed part of a jury's verdict that found Walmart had violated a sculptor's copyrights by selling knockoffs of her lamps, allowing the retail giant to escape paying her attorney fees for now.

  • June 18, 2025

    Chicago Trading Firm Accuses Rival Of Trademark Infringment

    A Chicago-based futures prop trading firm filed a trademark infringement lawsuit against a competitor in Illinois federal court Tuesday, claiming its rival has adopted a nearly identical name and has used it to advertise very similar services "with the intention of deceiving and misleading the public."

  • June 18, 2025

    FDA Dodges Suit Over Ozempic, Wegovy Listing

    The U.S. Food and Drug Administration was able to escape allegations that it catered to Big Pharma by nixing cheaper versions of the miracle weight loss drug Ozempic, after a Texas federal judge tossed a lawsuit from two compounding pharmacies.

  • June 18, 2025

    Judge Warns Overeager Samsung, ZTE Attys Not To Bug Staff

    A California federal judge has issued a short, stern warning to counsel in Samsung's antitrust fight against ZTE over its standard essential patents' licensing practices, telling counsel not to contact court staff again about the status of their pending stipulation and noting "future improper communications to court staff may result in sanctions."

  • June 18, 2025

    Netflix Gets Fed. Circ.'s Backing In Streaming Patent Fight

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board finding that invalidated claims in a streaming patent challenged by Netflix while also vacating the board's decision to decline to scrub other claims.

  • June 18, 2025

    News Orgs Urge Court To Stick With OpenAI Evidence Order

    A group of news organizations has asked a Manhattan federal judge to reject OpenAI's request to terminate an order for it to retain output log data for user conversations with ChatGPT, saying the order is necessary to prevent the company from deleting further evidence in a case alleging news articles were improperly used to train the generative artificial intelligence model.

  • June 18, 2025

    Dorsey & Whitney Adds Patent Partner From Perkins Coie

    Dorsey & Whitney LLP has grown its intellectual property offerings in Washington state with the addition of an experienced patent attorney from Perkins Coie LLP.

  • June 18, 2025

    Union Praises NY Bills On AI In Advertisements, Digital Rights

    Entertainment labor union SAG-AFTRA has applauded the passage of two bills by the New York State Legislature that would require the disclosure of advertisements' use of artificial intelligence-generated performers and for permission to be obtained to use digital renderings of deceased performers in expressive works.

  • June 18, 2025

    NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'

    A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.

  • June 18, 2025

    Fed. Circ. OKs Google's PTAB Win In Sonos Patent Fight

    The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that claims in a Sonos music playback patent were invalid, handing a win to Google in a larger fight between the companies.

  • June 18, 2025

    Flaster Greenberg The Latest To Launch AI Services

    Flaster Greenberg PC has announced the firm expanded its privacy and cybersecurity group to include artificial intelligence matters, becoming the latest firm to formalize its legal services related to the technology.

  • June 17, 2025

    Mass. Judge Temporarily Blocks DOD Research Funding Cuts

    A Massachusetts federal judge on Tuesday issued a temporary restraining order blocking the Trump administration's planned cuts to U.S. Department of Defense-funded research, granting the injunction just a day after a slew of institutions sued on allegations that the move would "stop critical research in its tracks."

  • June 17, 2025

    Novo Nordisk Settles TM Suit Against Clinic Over Compounds

    Novo Nordisk, the company behind drugs Ozempic, Rybelsus and Wegovy, struck a deal with an Ohio clinic to end its federal trademark infringement case, one of a slew of suits the pharmaceutical giant has filed against health facilities offering custom-made compounded drugs purporting to yield similar results to its blockbuster products used for weight loss.

  • June 17, 2025

    Samsung Says Jurors Lied In Netlist IP Trial, Seeks Do-Over

    Samsung told a California federal judge it needs a fourth trial against Netlist Inc. after losing a suit over a deal to license computer memory patents, saying three jurors lied during voir dire in a case that bolsters Netlist's position regarding $421 million worth of related verdicts in Texas.

  • June 17, 2025

    Fed. Circ. Affirms PTAB Ax Of Roku Patent Claims

    The Federal Circuit affirmed Tuesday a Patent Trial and Appeal Board ruling that invalidated claims in a Roku Inc. remote control patent and ordered the board to look back at one claim it upheld, neutralizing the company's bid to renew its case against Universal Electronics at the U.S. International Trade Commission.

  • June 17, 2025

    AgTech Co. Can Block Rival's Weeding Tool In Patent Fight

    A California federal judge has sided with agriculture technology company Carbon Autonomous Robotic Systems to block a rival from selling a laser-based weeding tool that Carbon claims infringes its patents.

Expert Analysis

  • Oft-Forgotten Evidence Rule Can Be Powerful Trial Tool

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    Rule 608 may be one of the most overlooked provisions in the Federal Rules of Evidence, but as a transformative tool that allows attorneys to attack a witness's character for truthfulness through opinion or reputation testimony, its potential to reshape a case cannot be overstated, says Marian Braccia at Temple University Beasley School of Law.

  • And Now A Word From The Panel: A Rare MDL Petition Off-Day

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    In an unusual occurrence in the Judicial Panel on Multidistrict Litigation's history, there are zero new MDL petitions scheduled for Thursday's hearing session, but the panel will be busy considering a host of motions regarding whether to transfer cases to eight existing MDL proceedings, says Alan Rothman at Sidley.

  • DOJ Export Declination Highlights Self-Reporting Benefits

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    The U.S. Department of Justice's recent decision not to prosecute a NASA contractor, despite a former employee pleading guilty to facilitating unlicensed exports, underscores the advantages available to companies that self-report sanctions violations, cooperate with investigations and implement timely remediation, say attorneys at Cleary.

  • A Cautionary Fed. Circ. Tale On Design Patents

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    The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • USPTO Decision Provides Clearer Path To Ex Parte Reexam

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    In light of an uptick in ex parte reexamination filings as an alternative way to challenge patent validity, both petitioners and patent owners may benefit from understanding a new framework for determining when estoppel applies, explained by the U.S. Patent and Trademark Office in a recent petition decision, says Chris Coulson at Skadden.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Opinion

    Counterfeiting Cases Could Alter TM Law, Hurt Resale Market

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    Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • 9th Circ. Ruling Clarifies Derivative Suit Representation Test

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    The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.

  • Patenting AI And Machine Learning In The Wake Of Recentive

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    Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.

  • Trade Secrets Would Likely See Court Protection From GenAI

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    The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.

  • 5 Tribunals' Rules To Help Patent Litigators Avoid AI Disasters

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    Tech-savvy patent litigators are uniquely poised to stay current on the latest developments in artificial intelligence, such that courts may have even higher expectations for their compliance with AI rules, including the standing orders of several patent-heavy fora, say attorneys at Finnegan.

  • Unpacking Copyright Office's AI Report Amid Admin Shakeups

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    Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.

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