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Intellectual Property
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October 20, 2025
Squires Gives Entropic Chance To Save Patent Claims
The head of the U.S. Patent and Trademark Office says that the Patent Trial and Appeal Board has to take another look at certain claims the board found invalid in an Entropic Communications local area network patent challenged by Dish Network.
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October 20, 2025
Ford Says Solar Battery Co. Shared Trade Secrets
Ford Motor Co. has sued a battery maker with which it once had a business partnership, claiming the company filed multiple patent applications disclosing Ford's confidential technology.
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October 20, 2025
No Review For Battery Patent After USPTO Head Steps In
A lithium-ion battery maker won't have its challenge to a rival's patent heard at the Patent Trial and Appeal Board after the director of the U.S. Patent and Trademark Office said it wasn't a good use of time to review the fight.
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October 20, 2025
Bank Seeks Atty Fees For 'Vexatious' Patent Suit
CIBC Bank has asked a Texas federal court to impose sanctions on a rival litigant, its principal and one of its attorneys, saying the patent claims they brought were "vexatious and substantively unsuccessful in every single aspect."
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October 20, 2025
AI-Driven Marketing Biz Says Ex-Workers Lifted Trade Secrets
Artificial intelligence-integrated marketing and advertising venture AIquire Inc. sued a newer, climate-focused marketing business in Delaware federal court on Friday, accusing former employees and affiliated companies of misappropriating trade secrets to build the new business, Climaty.
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October 20, 2025
Justices Deny EcoFactor Appeal Over Google Patent Damages
The U.S. Supreme Court rejected an appeal by EcoFactor Inc. on Monday that argued the en banc Federal Circuit usurped the role of the jury when it found the company's damages expert unreliable and vacated a $20 million patent verdict it won against Google.
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October 20, 2025
UK Steps Up Antitrust Probe Into Getty-Shutterstock Merger
The U.K. antitrust regulator escalated its investigation into Getty's proposed acquisition of Shutterstock, citing on Monday "realistic" risks that a combined $3.7 billion entity could harm competition.
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October 20, 2025
Supreme Court Declines Appeal Over Copyrighted Floor Plans
The U.S. Supreme Court on Monday rejected a petition that sought review of an Eighth Circuit ruling that found it was fair use for real estate agents to list the copyrighted floor plans of a home designer and his company.
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October 17, 2025
Mixed Discretionary Denial Batch Caps Off Big Week For PTAB
Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart allowed 19 Patent Trial and Appeal Board petitions to go forward while denying 21 others on Friday, concluding a week that saw major reforms at the PTAB.
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October 17, 2025
PTAB Axes Patent And Finds Chip Co. Has No Ties To Intel
The Patent Trial and Appeal Board found that a Greenthread semiconductor patent was invalid after finding one of the challengers didn't have ties to Intel in a way that could have doomed the case.
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October 17, 2025
Slipknot Sues Anonymous Slipknot.com Domain Squatter
Metal band Slipknot has sued the owners of the domain slipknot.com, claiming they are seeking to capitalize on the fame associated with the Slipknot mark.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Fed. Circ. Backs Noninfringement Ruling In Fence Patent Case
The Federal Circuit on Friday wouldn't revive an Ohio-based outdoor product company's lawsuit accusing a Texas rival of infringing various fencing patents, finding nothing was wrong with the way the lower court interpreted key terminology in the patent.
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October 17, 2025
USPTO Head To Take Over Patent Review Institution Decisions
John Squires, director of the U.S. Patent and Trademark Office, said Friday that he will now make all decisions on whether to institute America Invents Act reviews of patents, including on the merits of the challenge and discretionary issues, in a major overhaul of the review system.
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October 17, 2025
Artists Ask To Certify Classes In Google AI Copyright Suit
A group of artists and writers who claim their copyrights were infringed when Google used their works to train its artificial intelligence model asked a California federal judge to grant them class certification.
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October 17, 2025
Songwriters Extend Copyright Fight To Suno AI
A group of independent songwriters has filed suit in Illinois federal court against music generator Suno AI, claiming the songwriters' copyrighted works were used to train its models after filing similar claims against AI music company Udio a day earlier.
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October 17, 2025
MGA Fights New Trial On Damages In Doll TM Case
Toy maker MGA Entertainment wants to appeal a California federal judge's decision calling for a new jury trial to consider whether to award punitive damages to hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris over a line of dolls called L.O.L. Surprise O.M.G.
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October 17, 2025
Mintz Says Ex-Client Owes $2M 'Success Fee' For Patent Work
Mintz Levin Cohn Ferris Glovsky and Popeo PC says a former client is refusing to pay a nearly $2.2 million "success fee" for the firm's work on multiple patent infringement matters that generated millions of dollars in recoveries, according to a complaint filed on Friday in Massachusetts federal court.
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October 17, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Johnson & Johnson hit with a £1 billion ($1.34 billion) claim for allegedly selling contaminated baby powder, Carter-Ruck bring a claim against the Solicitors Regulation Authority, and Hewlett Packard file a probate claim against the estate of Mike Lynch.
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October 16, 2025
Proposed New Rules Would Cut Off Many PTAB Challenges
The U.S. Patent and Trademark Office proposed rules Thursday that would prevent inter partes reviews challenging patents from being instituted in many scenarios, and attorneys said implementing the plan would significantly reduce challenges and make them far less appealing to accused infringers.
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October 16, 2025
Jack Nicklaus Tells Jury He Wanted 'Freedom' Back After Pact
Golf legend Jack Nicklaus told a Florida jury on Thursday that he filed for an arbitration in Miami to reclaim his intellectual property after parting ways with the company named after him, but added the chairman "did not want to give me my freedom."
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October 16, 2025
7th Circ. Affirms French Montana's Win In Copyright Case
The Seventh Circuit on Thursday backed French Montana's win in a copyright case brought by a musician who alleged the rapper sampled his instrumental song to make the hit single "Ain't Worried About Nothin'," saying there wasn't evidence to show Montana duplicated the work "as opposed to merely imitating it."
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October 16, 2025
Songwriters Claim Udio AI Was Trained On Copyrighted Music
A group of songwriters is suing artificial intelligence company Udio AI, claiming its music-generating AI models were trained using copyrighted music scraped from the internet.
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October 16, 2025
Amazon Claims Calif. Lawyer, Chinese Firms Pulled IP Scheme
Amazon is suing a California lawyer and four Chinese companies, among others, over an alleged scheme to fraudulently register thousands of trademarks with the U.S. Patent and Trademark Office and then wrongfully report infringement by other Amazon sellers.
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October 16, 2025
USPTO Says Fed. Circ. Should Skip 'Settled Expectations' Case
The U.S. Patent and Trademark Office wants the Federal Circuit to reject a challenge to the way the agency has denied review of patents based on the owner's "settled expectations," saying Thursday it has full discretion on whether to review patents or not.
Expert Analysis
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Demystifying Generative AI For The Modern Juror
In cases alleging that the training of artificial intelligence tools violated copyright laws, successful outcomes may hinge in part on the litigator's ability to clearly present AI concepts through a persuasive narrative that connects with ordinary jurors, say Liz Babbitt at IMS Legal Strategies and Devon Madon at GlobalLogic.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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And Now A Word From The Panel: Choosing MDL Venues
One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.
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Fed. Circ. In August: A Framework For AIA Derivation Disputes
In Global Health Solutions v. Selner, the Federal Circuit established how to assess derivation challenges under the America Invents Act's first-to-file system, making it easier for petitioners to determine a challenge's odds of success, say attorneys at Knobbe Martens.
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USPTO's Track One A Reliable Patent Pathway Amid Backlog
As the U.S. Patent and Trademark Office faces a backlog of unexamined utility, plant and reissue patent applications, patent applicants should consider utilizing the USPTO's Track One Program, which not only expedites the process but also increases the likelihood of working with more senior examiners, says Ryan Schermerhorn at Marshall Gerstein.
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How New Rule On Illustrative Aids Is Faring In Federal Courts
In the 10 months since new standards were codified for illustrative aids in federal trials, courts have already begun to clarify the rule's application in different contexts and the rule's boundaries, say attorneys at Bernstein Litowitz.
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What Novel NIL Suit Reveals About College Sports Landscape
A first-of-its-kind name, image and likeness lawsuit — recently filed in Wisconsin state court by the University of Wisconsin-Madison against the University of Miami — highlights new challenges and risks following the NCAA’s landmark agreement to allow schools to make NIL deals and share revenue with student-athletes, say attorneys at O'Melveny.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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Beaming Up Lessons From William Shatner's Failed Patent Bid
In a tale that boldly goes where few celebrity inventors have gone before, William Shatner's unsuccessful attempt to patent a smartphone file organization system offers insights about potential pitfalls to avoid in patent applications, say attorneys at King & Spalding.
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The Pros And Cons Of Levying Value-Based Fees On Patents
The potential for a recurring, value-based maintenance fee on patents, while offering some benefits, raises several complications, including that it would likely exceed the U.S. Patent and Trademark Office's statutory authority and reduce research and development activities in the U.S., says Sandip Patel at Marshall Gerstein.
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Strategies To Get The Most Out Of A Mock Jury Exercise
A Florida federal jury’s recent $329 million verdict against Tesla over a fatal crash demonstrates how jurors’ perceptions of nuanced facts can make or break a case, and why attorneys must maximize the potential of their mock jury exercises to pinpoint the best trial strategy, says Jennifer Catero at Snell & Wilmer.
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Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.