Intellectual Property

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • July 22, 2025

    SAP Sues Startup For IP Infringement Amid US Antitrust Suit

    German software giant SAP SE has sued a smaller rival for patent infringement in Europe's patent court, as it defends against U.S. claims that it is pushing the competitor out of the vaguely defined market for business process analysis service.

  • July 22, 2025

    4th Circ. Affirms $190M Trademark Verdict Against Vivint

    Smart home software company Vivint on Tuesday lost its appeal seeking to overturn a nearly $190 million verdict in which a North Carolina jury found it liable for deceiving customers of a rival local security company, with the Fourth Circuit finding there was enough evidence to support the award.

  • July 22, 2025

    OpenAI Scores TM Win Against Open Artificial Intelligence Co.

    A California federal judge has granted OpenAI Inc. a win in a trademark infringement case it brought against a company with a similar name, finding the other company had made misrepresentations to the U.S. Patent and Trademark Office.

  • July 22, 2025

    Pillsbury Adds Technology IP Litigator From Goodwin

    Pillsbury Winthrop Shaw Pittman LLP announced Monday that a former Goodwin Procter LLP technology intellectual property law partner has joined the firm's New York office.

  • July 22, 2025

    Native Groups Reject Trump's Call For Old Team Names

    Two Native American advocacy groups are condemning President Donald Trump's threat to kill a $3 billion plan for the new Washington Commanders stadium if the NFL team's former name isn't reinstated, saying Indigenous cultures are not past relics, mascots or forms of entertainment.

  • July 22, 2025

    EU Deepens Look Into Universal Music $775M Downtown Deal

    European Union antitrust enforcers kicked off an in-depth probe Tuesday into Universal Music Group's bid to buy Downtown Music Holdings, raising concerns that the $775 million transaction could give UMG access to the "commercially sensitive data of its rival record labels" held by Downtown.

  • July 21, 2025

    Intel, VLSI Clash Over Ownership Verdict Effect In Patent Fight

    VLSI Technology argued Monday that a federal jury's finding that Fortress Investment Group controls it and Finjan Holdings doesn't save Intel Corp. from a patent infringement case against the technology giant, while Intel asserted the exact opposite.

  • July 21, 2025

    Novartis Can't Block Generic Entresto Amid TM Feud Appeal

    The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.

  • July 21, 2025

    Perplexity Says 'Comet' Marks Should Be Axed For Fraud

    Perplexity AI, the maker of the "Comet" search engine, fired off a counterattack against Comet ML's trademark infringement suit, asking a California federal judge Friday to cancel the software company's "comet" registrations over concerns they were fraudulently procured.

  • July 21, 2025

    Copyright And TM Cases To Watch In The Second Half Of 2025

    The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.

  • July 21, 2025

    USPTO Standardizes Timeline For Setting PTAB Filing Dates

    The U.S. Patent and Trademark Office announced Friday that it will now issue orders establishing the filing dates of Patent Trial and Appeal Board petitions within 14 days of the filings, saying that will provide more clarity about the deadlines in each case.

  • July 21, 2025

    PTAB Head Judge Reverses Grant Of Samsung, Google IPRs

    A head Patent Trial and Appeal Board judge on Thursday reversed panel decisions that had agreed to review patents challenged by Samsung and Google, saying that the pace of related district court proceedings favored skipping the petitions from the big technology companies.

  • July 21, 2025

    Sens. Float Bill To Protect Against AI Data Piracy

    Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.

Expert Analysis

  • 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.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

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