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Intellectual Property
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July 31, 2025
ITC Ends Dermatology Needle Import Ban After Settlement
The International Trade Commission has lifted a ban on certain imports of skin treatment devices that infringed patents owned by a South Korean dermatologist's needle business after it settled with a rival.
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July 31, 2025
Weil Lands Latham IP Litigation Trio In California, Texas
Weil Gotshal & Manges LLP announced Thursday that it has welcomed three intellectual property lawyers from Latham & Watkins LLP, two of whom began their legal careers at Weil and will now co-head its IP, technology and science litigation practice.
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July 31, 2025
Fla. Judge Finds Car Photo Patents Unenforceable
A Florida federal judge said the owner of patents on taking photos of cars at dealerships can't assert three of the patents against an automotive photo booth maker, trimming them from an infringement suit because of deceptive statements made to the U.S. Patent and Trademark Office.
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July 31, 2025
Metal Singer Misused Band's Money, Fired Co-Founder Says
The founding bassist for iconic metal band Hatebreed was abruptly fired over false accusations that he harassed a Connecticut venue worker, according to a lawsuit that also accuses the singer of mismanaging the group's money for his own gain.
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July 31, 2025
ITC Wants Feedback Before Reconsidering Lashify Claims
The International Trade Commission asked for further briefing from eyelash extension company Lashify Inc., a group of artificial eyelash makers, Walmart and CVS to address the requirements for showing the existence of a domestic industry.
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July 31, 2025
Sens. Draft Bill To Combat Foreign Online Piracy
A bipartisan group of senators introduced a discussion bill for a law that would allow American copyright holders to petition federal courts for orders against foreign-hosted websites that host pirated content.
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July 30, 2025
Crocs, Rival Agree To Narrow Claims In Shoewear IP Dispute
Crocs told a Colorado federal judge Wednesday it agreed to drop trademark dilution claims against Joybees stemming from a dispute where the defendant's CEO, who was a former midlevel Crocs manager, allegedly absconded with documents to copy the design and manufacturing process for its foam clog to start a competing business.
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July 30, 2025
Hytera Ordered To Immediately Escrow Subsidiary Sale Funds
Hytera Communications Corp. Ltd. must immediately place $69 million of proceeds of a subsidiary sale in escrow in light of the Chinese company's outstanding judgment and asset citation obligations in Motorola Solutions Inc.'s mobile radio trade theft case, an Illinois federal judge said Wednesday.
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July 30, 2025
Singer Percy Bady Sues Label Over 'I'm Free' Song Use
Grammy-nominated singer-songwriter Percy Bady has sued TRIBL Records, performing artists Todd Galberth and Brandon John Peavy, as well as two music publishers and a music producer, for allegedly infringing his song "I'm Free" with recordings and performances of the song "Fill the Room."
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July 30, 2025
NFT Trademark Ruling Highlights Free Speech Limits In Art
In ruling that nonfungible tokens qualify as trademarks, the Ninth Circuit last week followed guidance from the U.S. Supreme Court that the First Amendment cannot always protect expressive marks from infringement.
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July 30, 2025
Rhodium Says Cooling System Infringement Claims Barred
Bankrupt cryptocurrency miner Rhodium told a Texas federal bankruptcy judge that a company that creates large scale cooling systems cannot bring patent infringement claims, saying Wednesday the company's claims already failed in a federal district court.
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July 30, 2025
Court Urged To Free Micron From Netlist's Infringement Threat
Micron has asked a Delaware federal court to conclude that it's not infringing a Netlist patent covering a computer memory technology, alleging in a complaint that Netlist keeps going after Micron with "non-credible infringement allegations of facially invalid patents."
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July 30, 2025
Samsung Gets Patent License At $1.05B After Arbitration
Samsung will fork over $1.05 billion to license patents owned by a technology research firm covering wireless and video technology through 2030 after a group of arbitrators set the rate, according to federal securities filings.
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July 30, 2025
Judge Denies Fired Copyright Chief's Reinstatement Bid
A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."
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July 30, 2025
Basketball Artist Hits NBA Pelicans With Copyright Suit
A visual artist specializing in arrangements of deflated basketballs sued the NBA's New Orleans Pelicans in Michigan federal court Wednesday, alleging that the team copied his distinctive style for a series of social media posts without permission.
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July 30, 2025
Truist Triggered Employee Exodus, Not Ex-Execs, Court Told
Three former executives who helmed the real estate finance arm of Truist Financial Corp. and their new employer are seeking a pretrial win in the bank's poaching case, telling a North Carolina state court judge they aren't to blame for Truist's alleged bad business decisions.
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July 30, 2025
Rising Star: O'Melveny's Mark Liang
Mark Liang of O'Melveny & Myers LLP successfully represented Google and LG Electronics in disputes where they faced tens of millions of dollars in potential liabilities for alleged patent infringement, earning him a spot among the intellectual property attorneys under the age of 40 honored by Law360 as Rising Stars.
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July 30, 2025
CoStar Claims Zillow Stole Copyrighted Property Photos
CoStar Group Inc. and CoStar Realty Information Inc. alleged Wednesday in New York federal court that property listings giant Zillow stole and profited off of more than 46,000 of CoStar's copyrighted real estate photos.
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July 30, 2025
Fed. Circ. Urged To Undo Samsung Win In Patent Fight
The owner of a touch screen patent has urged the Federal Circuit to revive its infringement lawsuit against Samsung, saying a Michigan federal judge got it wrong when analyzing who the patent belonged to when the case was filed.
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July 30, 2025
WilmerHale Taps Life Science Pro To Chair Transactions Dept.
WilmerHale announced Wednesday that the former Latham & Watkins LLP attorney it hired last year to co-chair its life sciences practice is taking over as the chair of its transactional department.
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July 29, 2025
Auto Dealer Software Biz Hit With Antitrust Counterclaims
A data company accused alongside Tekion Corp. of hacking into rival technology firm CDK Global's auto dealership management software system to steal proprietary information hit CDK Tuesday with an antitrust counterattack, accusing it of "usurping control over dealer data" that doesn't belong to it in an effort to thwart competition.
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July 29, 2025
Haynes Boone Power Team Keeps Winning At Fed. Circ.
Debbie McComas and Angela Oliver have emerged as the duo to beat at the Federal Circuit, as the Haynes Boone partners have taken victories in each of the seven patent appeals between them they've argued this year.
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July 29, 2025
Teva, Amneal End Case Over Listing Inhaler IP In Orange Book
A New Jersey federal judge on Tuesday closed litigation between Teva and Amneal, which had led to the Federal Circuit's major decision that patents for Teva's inhalers don't belong in the U.S. Food and Drug Administration's Orange Book.
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July 29, 2025
Reported Plan For Value-Based Patent Fees Unnerves Experts
A proposal reportedly under consideration by the Trump administration to charge patent owners a new fee based on the value of their patents has spurred numerous questions and concerns among experts, who say the idea appears nearly unworkable and could hinder innovation.
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July 29, 2025
Jack Daniel's Toy TM Win Violates Free Speech, 9th Circ. Told
The maker of a dog toy parodying Jack Daniel's iconic whiskey bottle has urged the Ninth Circuit to reverse a finding that its "Bad Spaniels" toy tarnishes Jack Daniel's mark, arguing the ruling constitutes unconstitutional viewpoint discrimination over "mild poo jokes" that weren't similar to famous Jack Daniel's marks.
Expert Analysis
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Why Funder Forecasts Don't Belong In Royalty Analysis
In denying the request for production of damages-model communications between Haptic and its litigation funder, which Apple argued were relevant to a reasonable royalty analysis, a California federal court recently reaffirmed an underappreciated principle — that the purpose and context of an estimate shape its evidentiary value, says Rick Eichmann at Secretariat Advisors.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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Lessons From Recent Creative Clashes In Entertainment IP
Three recent controversies highlight when creative expression might cross over into infringing another party's rights, and how these potentially conflicting interests can be balanced, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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US Companies Must Recalibrate IP Strategy Amid China Shift
A recent order from the China State Council on intellectual property disputes is significant for U.S. companies, as it represents China's transformation into an assertive venue for patent enforcement, equipped with sophisticated tools for economic statecraft, says Keegan Caldwell at Caldwell Law.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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The State Of Play In Copyright Protection For Floor Plans
With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.
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When Rule 12 Motions Against Class Allegations Succeed
Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How IPR Estoppel Ruling May Clash With PTAB Landscape
Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Should Patent Disputes Be Filed In The ITC Or UPC?
When companies must choose between initiating patent litigation in the U.S. International Trade Commission or the European Union's Unified Patent Court, the ITC may offer a few distinct advantages, but ultimately the decision requires consideration of case-specific factors, say attorneys at White & Case.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.