Intellectual Property

  • March 27, 2025

    9th Circ. Won't Stay Injunction Compelling Fed. Worker Rehire

    A split Ninth Circuit panel has refused to block an injunction compelling the Trump administration to reinstate about 16,000 probationary employees to six federal agencies, saying the administration will likely lose its argument that the agencies weren't acting on an order from above when they fired the workers.

  • March 26, 2025

    Judge Faults USPTO's 'Arbitrary' Ruling In BMW Patent Suit

    A Virginia federal judge agreed with BMW that former U.S. Patent and Trademark Office Director Kathi Vidal erred when she vacated a reexamination of a cruise control patent being challenged by BMW, finding that the former director didn't adequately explain her analysis.

  • March 26, 2025

    Sotomayor Urges Caution On Nondelegation Doctrine Revamp

    U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.

  • March 26, 2025

    Judge Trims Copyright Case Against Microsoft, OpenAI

    A New York federal judge Wednesday kept alive news organizations' direct and contributory copyright infringement claims accusing Microsoft and OpenAI of ripping off their content to train generative artificial intelligence while trimming claims under the Digital Millennium Copyright Act, but giving the plaintiffs a chance to rework their allegations.

  • March 26, 2025

    Judge Newman Maintains Fitness Probe Must Be Transferred

    Counsel for suspended 97-year-old Federal Circuit Judge Pauline Newman on Wednesday told the D.C. Circuit that its decision to transfer ethics complaints against a senior district court judge, lodged by his own colleagues, supported her contention that her fellow circuit judges shouldn't investigate her fitness to remain on the bench.

  • March 26, 2025

    Ye Stole IP From Artist Who Opposes Antisemitism, Suit Says

    Ye has been sued for copyright infringement in California federal court over his song "Gun To My Head," which allegedly sampled a track by a German artist who is descended from Holocaust survivors and opposed to the rapper's public antisemitism.

  • March 26, 2025

    USPTO Director To Take Lead In Considering PTAB Denials

    Citing the Patent Trial and Appeal Board's "workload needs," the acting director of the U.S. Patent and Trademark Office announced Wednesday that she will make decisions on whether every petition challenging a patent should be denied for discretionary reasons before the board considers the merits.

  • March 26, 2025

    Ramey Slams BlackBerry's IP Fee Win As 'Manifest Injustice'

    Ramey LLP and its client Silent Communications LLC urged U.S. District Judge Alan Albright Thursday to amend his finding that Ramey is liable for covering BlackBerry's attorney fees, estimated to be nearly $900,000, after filing a patent lawsuit in bad faith, arguing that the judgment is a "manifest injustice."

  • March 26, 2025

    Coalition Says Trump Admin Flouted Federal Rehiring Order

    The Trump administration responded to an injunction compelling it to rehire over 15,000 fired probationary employees by placing them on leave, not bringing them back to work, a coalition of advocates for the workers told a California federal judge Wednesday, saying the administration hasn't complied with the injunction.

  • March 26, 2025

    Full Fed. Circ. Won't Look At Injunction On MSN's Generic Drug

    The full Federal Circuit won't revisit a panel's January order barring MSN Laboratories Pvt. Ltd. from launching a generic version of Novartis' bestseller, the cardiovascular drug Entresto, as part of a flurry of moves in litigation related to the treatment.

  • March 26, 2025

    Trump Asks Again For End To 'Dubious' Isaac Hayes Suit

    President Donald Trump doubled down on his claims that Isaac Hayes' estate can't show it owns the rights to the 1966 song "Hold On, I'm Coming," arguing its "dubious chain of copyright ownership" can't overcome his bid to dismiss the legendary musician's estate's suit over his playing the song at campaign events.

  • March 26, 2025

    Court Holds On Tight To 'What I Like About You' Band's Row

    A Michigan federal judge said Wednesday the lead singer of The Romantics must face a bandmate's demands for a detailed accounting of the band's finances and allegations the singer has been withholding royalties and revenue from performances from a shared company.

  • March 26, 2025

    Women Make Up 13% Of Attys In Front Of The PTAB

    Women account for 13% of attorneys appearing in front of the Patent Trial and Appeal Board in post-grant proceedings going back to the board's founding in 2012 despite comprising up to 30% of all patent attorneys, according to a report from the PTAB Bar Association.

  • March 26, 2025

    Walgreens, Kroger Claim Takeda Cut Illegal TWi Generics Deal

    Walgreens, Kroger, Albertsons and H-E-B hit Takeda and TWi Pharmaceuticals with an antitrust suit in California federal court Tuesday, accusing the pharmaceutical companies of conspiring to delay the release of the generic version of Takeda's heartburn medication Dexilant, causing the retailers to pay more for the brand-name drug.

  • March 26, 2025

    Judge Blocks Build-A-Bear's Bid To Inspect 3K Squishmallows

    A California federal judge has rejected an attempt from Build-A-Bear Workshop to physically inspect thousands of Squishmallows stuffed toys in order to defend itself against trade dress infringement claims by the company that makes them, saying the defendant's request is overbroad and unnecessary.

  • March 26, 2025

    Copyright Claims Against Anthropic Over Lyrics Axed For Now

    A California federal judge on Wednesday dealt a blow to several music publishers that have accused artificial intelligence company Anthropic of ripping off lyrics in developing its large language model Claude, dismissing some copyright claims less than a day after denying a request to prohibit Anthropic from using their content for training.

  • March 26, 2025

    Whirlpool's Mixer TM Award Of $27M Is Enough, Judge Says

    A Texas federal judge has permanently barred two Chinese companies from infringing the exterior design of Whirlpool's iconic KitchenAid stand mixer but denied Whirlpool's request to increase a $27 million award it recently won at trial, saying Whirlpool's award, along with the permanent injunction, was more than enough.

  • March 26, 2025

    NCAA Can't Use NY Case To Halt NC State '83 Team's NIL Suit

    North Carolina's business court refused to pause an antitrust lawsuit brought by members of the 1983 North Carolina State University men's basketball national championship team who accuse the NCAA of illegally using their likenesses, ruling the organization had failed to show it would suffer a "substantial injustice" without a stay.

  • March 26, 2025

    Toronto Exchange Says Court In Texas Can't Hear TM Suit

    The Toronto Stock Exchange says a Texas federal court lacks jurisdiction over the Texas Stock Exchange's trademark lawsuit, telling the court it only submitted a cease-and-desist letter to stop the nascent stock exchange from using allegedly similar marks.

  • March 26, 2025

    Fed. Circ. Affirms Apple PTAB Win Over Location-Tracking IP

    The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that Apple was able to show numerous claims in a patent covering location-tracking beacons were invalid, handing another win to the tech giant in an intellectual property fight with the patent owner.

  • March 26, 2025

    2nd Circ. Finds Pieces Missing From Lego IP Ruling

    The Second Circuit instructed a Connecticut federal judge Wednesday to rethink his decision that an injunction blocking the sale of a Lego competitor's figurines also applies to a later design, saying the lower court's failure to explain its decision suggests it "may have simply imported its prior reasoning."

  • March 26, 2025

    Venable Nabs 2 More Axinn IP Attorneys In San Francisco

    Venable LLP has added two more San Francisco-based attorneys from Axinn Veltrop & Harkrider LLP for its intellectual property litigation-technology group.

  • March 25, 2025

    Medical Image Co. Gets Fed. Circ. To Back Ax Of Rival's IP

    A Federal Circuit ruling Tuesday affirmed administrative patent board holdings that wiped out claims in patents that cover a 3D photography system used in medical imaging and clinical trials.

  • March 25, 2025

    Intel Says Trial Should Answer License Issue In VLSI Case

    Intel Corp. told U.S. District Judge Alan Albright that a trial in its high-stakes patent infringement fight with VLSI Technology should focus on teasing out a disputed ownership structure that could inform whether the technology company has a license to use the chip patents.

  • March 25, 2025

    PTAB Leader Explains Denial Policy After Withdrawn Memo

    The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.

Expert Analysis

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Trademark Food For Thought When Rebranding

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    Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • How 2 Proposed Bills Could Transform Patent Law

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    The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.

  • 7 Tips To Help Your Witness Be A Cross-Exam Heavyweight

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    Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • The Key To Solving High Drug Costs Is Understanding Causes

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    One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.

  • Challenges Of Insuring An NIL Collective

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    Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Opinion

    Bring Back Patent Models To Shut Down The Patent Trolls

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    By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

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