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Intellectual Property
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July 28, 2025
Authors Want Court To Reject Anthropic's Bid To Delay Trial
A group of authors urged a California federal court Monday to reject Anthropic PBC's request to pause their copyright case while Anthropic appeals the court's recent class certification order, arguing that the company has "no basis for a stay" and is trying to deprive them of their day in court.
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July 28, 2025
Patent Damages Explode As Practice Areas See Wild Swings
Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.
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July 28, 2025
Cadence To Pay $140M For Illegal Chip Design Exports To China
Semiconductor technology company Cadence Design Systems agreed to pay over $140 million and plead guilty to criminal conspiracy to commit export control violations to resolve charges that it exported semiconductor design tools to a restricted Chinese military university, U.S. Department of Justice officials announced Monday.
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July 28, 2025
Perplexity's TM Infringement Confuses Its Own AI, Comet Says
Software company Comet ML asked a California federal judge to tighten up a preliminary injunction in its trademark infringement dispute with Perplexity AI to protect against consumer confusion, saying the artificial intelligence company's own chatbot confuses the two companies' services.
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July 28, 2025
Google Targets Online Ed Co.'s AI Overviews Antitrust Suit
Google asked a D.C. federal judge Friday to dismiss an online education company's lawsuit alleging it coercively conditioned a high search ranking on permitting the "cannibalization" of content for artificial intelligence overviews, arguing AI Overviews are a product improvement whose implementation can't be dictated by antitrust law.
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July 28, 2025
Smucker, Chubby Snacks End TM Spat Over Uncrustables
J.M. Smucker has settled its lawsuit accusing Chubby Snacks of misusing its Uncrustables trademarks and making disparaging comments about the signature sandwich while hyping up its own competing peanut butter and fruit spread product as a purportedly healthier option, according to an order signed Monday by an Ohio federal judge.
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July 28, 2025
NeoGenomics Wants Jury Trial In Natera DNA Test Patent Fight
NeoGenomics Laboratories Inc. told a North Carolina federal judge that a company suing it for patent infringement over DNA cancer test technology, Natera Inc., had no right to withdraw its demand for a jury trial and move forward with a bench trial.
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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Redfin Settles Patent Claims After Being Cleared At Trial
Real estate brokerage firm Redfin and its supplier Matterport Inc. each have reached a settlement with Surefield — the new company of Redfin's former CEO — to end a patent infringement case in which Redfin was cleared of a $66 million damages request by a Texas federal jury and to resolve Matterport's declaratory judgment action in Washington.
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July 28, 2025
Fed. Circ. Wipes Lighting Co.'s $14M Patent Verdict For Do-Over
The Federal Circuit on Monday overturned a Texas jury's $13.87 million verdict against a Chinese light manufacturer in a patent case from an in-country rival, saying another trial is needed over damages and the validity of two patents.
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July 28, 2025
Fantasy Sports Patent Claim Fails Over 'Abstract' Ideas
A Georgia federal judge on Monday adopted a special master's recommendation to toss one of sports tech company Vetnos' patent infringement claims against rival fantasy sports platform PrizePicks, ruling the patent is directed to abstract ideas and ineligible for protection under federal law.
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July 28, 2025
Sony Sues Tencent To Block China Co.'s Video Game 'Rip-Off'
Sony Interactive Entertainment LLC has sued Tencent Holdings Ltd. and subsidiaries of the Chinese technology giant in California federal court to prevent the release of Tencent's video game Light of Motiram, claiming it's a "clone" of Sony's popular Horizon video game series.
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
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July 28, 2025
Eli Lilly Alleges Pharmacy Sells Knockoff Weight-Loss Drugs
Eli Lilly and Company is accusing a Houston pharmacy of selling knockoff versions of two of its Ozempic-like weight-loss drugs.
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July 28, 2025
Garbage Truck Co. Fights $58.9M Verdict, Seeks New Trial
A garbage truck manufacturer hit with a $58.9 million verdict for allegedly poaching a fleet management company's executive to create a competing business has asked an Illinois federal court for a new trial or a damages reduction, saying the plaintiff presented a speculative lost-profits damages theory.
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July 28, 2025
PREP Act Won't Save COVID Test Manufacturer From IP Suit
The maker of swabs used in COVID-19 tests can't invoke a public health law's immunity protections to avoid patent infringement litigation, a Maine federal judge has ruled.
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July 28, 2025
Fed. Circ. Vacates Comcast's Mid-Trial Patent Case Win
The Federal Circuit on Monday threw out a Florida federal judge's mid-trial decision that cleared Comcast of allegations it infringed a rival's patent on streaming service technology, saying the lower court needs to take another pass.
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July 28, 2025
Fed. Circ. Panel Calls For Extending Newman's Suspension
A three-judge Federal Circuit panel recommended Monday that U.S. Circuit Judge Pauline Newman remain suspended, saying her refusal to undergo medical tests by doctors chosen by the court is a "serious form of continuing misconduct" that is hindering an investigation into her health.
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July 28, 2025
Fla. Firm Must Pay $320K Sanction For Not Probing IP Claims
Peter Ticktin and Ticktin Law Group PA have been ordered by a Florida federal judge to pay roughly $321,000 in attorney fees as a sanction for "flagrant conduct" involving their failure to properly investigate patent infringement claims filed on behalf of a client related to smart glass technology.
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July 28, 2025
Magistrate Won't DQ McKool Smith In Headwater IP Case
A Texas magistrate judge has rejected Headwater Research LLC's bid to disqualify McKool Smith LLP from representing AT&T in a wireless patent infringement suit, determining that its attorneys weren't exposed to confidential information while working with a potential business partner.
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July 28, 2025
11th Circ. Backs Axing IP Suit Over Russian Band's Songs
The Eleventh Circuit ruled Monday that a Florida federal judge correctly dismissed a copyright complaint from a company that claims to own the rights to audio and video recordings of Russian pop group Tender May, saying the lower court did not have personal jurisdiction over the French digital music company being sued.
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July 28, 2025
Rising Star: Reichman Jorgensen's Adam Adler
Adam Adler of Reichman Jorgensen Lehman & Feldberg LLP liberated Marvel Characters' "Super Hero" trademark and took on Amazon Web Services to protect a startup's cloud data storage patents, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.
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July 28, 2025
Cozen O'Connor Lands 4 IP Attys From Eversheds, Buchalter
Cozen O'Connor announced Monday that it has added two intellectual property partners from Eversheds Sutherland and another prominent IP attorney from Buchalter PC in the San Diego area, with another Eversheds Sutherland partner set to join the team later this week.
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July 28, 2025
9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton
The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.
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July 28, 2025
GSK Asks China's Hengrui To Develop 12 Drugs For $12B
Pharmaceutical giant GSK said Monday that it will pay up to $12 billion for Hengrui Pharma of China to develop up to 12 medicines to add to its respiratory, immunology and oncology pipelines.
Expert Analysis
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Strategies To Help Witnesses Manage Deposition Anxiety
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.
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3 Red Flags To Watch For When Valuing Patent Portfolios
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.
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A Cold War-Era History Lesson On Due Process
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.
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Series
Improv Makes Me A Better Lawyer
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.
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How BigLaw Executive Orders May Affect Smaller Firms
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.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
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.
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How To Accelerate Your Post-Attorney Career Transition
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.
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5 Key Licensing Considerations For AI Innovations
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.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
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.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
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.
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Protecting Brand Identity In An AI-Driven Marketplace
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.
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Series
Birding Makes Me A Better Lawyer
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.
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Justices May Clarify What IP Competitors In Litigation Can Say
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.
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How To Ensure Confidentiality When Using AI In Discovery
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.