Intellectual Property

  • August 11, 2025

    Apple Prevails In Heartbeat Patent Suit On Standing, Invalidity

    A New York federal judge has tossed a New York University cardiologist's lawsuit alleging an Apple Watch feature that monitors and detects irregular heartbeats infringes his patent, siding with a magistrate judge's finding that he lacks standing and the patent is invalid.

  • August 11, 2025

    IP Atty Asks High Court To Hear 'US Space Force' TM Case

    An intellectual property lawyer has urged the U.S. Supreme Court to hear his case to register the trademark "US Space Force," seeking a reversal of a trademark board decision that denied him registration of the mark even though he applied for it before the creation of the military branch with the same name.

  • August 11, 2025

    Photographer Says Media Co. Misued His Bitcoin Photo

    A professional photographer sued financial media company Benzinga on Monday in Michigan federal court, accusing it of wrongfully using one of his copyrighted photos featuring bitcoin iconography in its online content.

  • August 11, 2025

    AI Firm Anthropic Can't Get Pause For Early Fair Use Appeal

    A California federal judge on Monday denied a request from artificial intelligence firm Anthropic to pause a case over its use of books to train its large language model so it could appeal a ruling saying a jury would decide whether damages were warranted for the company's use of pirated works.

  • August 11, 2025

    Calif. Judge Shuts Off Some Netflix Patent Claims In Suit

    A California federal judge has narrowed Netflix's lawsuit accusing Broadcom of ripping off five software patents, tossing some patent claims for good while giving the streaming company the ability to amend others.

  • August 11, 2025

    Levi Strauss Sues NotSoNormal Over Alleged TM Infringement

    Levi Strauss & Co. has launched a trademark infringement action against a Los Angeles-based retailer it accuses of selling reworked versions of its apparel products for hundreds of dollars, according to a complaint in California federal court.

  • August 11, 2025

    Weil Brings On Another IP Litigation Duo From Latham

    Weil Gotshal & Manges LLP announced Monday that it has hired more attorneys from Latham & Watkins LLP, this time bringing on two intellectual property attorneys in Boston and San Francisco on the heels of other recent additions from the firm.

  • August 08, 2025

    Trump Admin Threatens To Take Harvard's Patents

    The U.S. Department of Commerce on Friday threatened to invoke the government's so-called march-in rights to take control of patents owned by Harvard University, accusing the Ivy League institution of not meeting its obligations tied to federally funded research.

  • August 08, 2025

    Missy Elliott Producer Can't Delay Copyright Trial

    A Pennsylvania federal judge refused Thursday to delay a copyright trial against music superstar Missy Elliott until after a sanctions motion is decided, leaving the trial set for Aug. 25.

  • August 08, 2025

    Denver Broncos Say Coffee Co. Used IP Despite Owing $1.5M

    The Denver Broncos told a Colorado state court Friday that a now-defunct coffee company illegally used the team's intellectual property to sell products even though it owed the team over $1.5 million.

  • August 08, 2025

    Fired Copyright Office Director Takes Fight For Job To DC Circ.

    The ousted head of the U.S. Copyright Office brought the fight over President Donald Trump's termination of her to the D.C. Circuit on Thursday, where she asked for an emergency injunction to reinstate her while she challenges her "patently unlawful removal."

  • August 08, 2025

    MSN Calls On Full Fed. Circ. To Rethink Double Patenting Rule

    MSN Laboratories urged the full Federal Circuit on Friday to reconsider a decision on when patents can be invalidated for double patenting, arguing in a Parkinson's disease drug case that the court has improperly limited the free use of expired patents and permitted harassing lawsuits.

  • August 08, 2025

    USPTO Throws Out Over 52,000 TM Apps For Fraud Issues

    The U.S. Patent and Trademark Office has thrown out tens of thousands of applications and registrations for trademarks prepared by a Chinese company that allegedly forged signatures and doled out legal advice despite not having the training to do so.

  • August 08, 2025

    Vape Maker Must Arbitrate Claims Of Distributor Misconduct

    A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.

  • August 08, 2025

    George Clinton Fights Sanctions In Decades-Long IP Battle

    Funk legend George Clinton has asked a Florida federal court to reject sanctions and lawsuit dismissal bids from music executive Armen Boladian, arguing that his copyright ownership complaint is not frivolous.

  • August 08, 2025

    GlaxoSmithKline Will Get $500M In CureVac-Pfizer Patent Deal

    British pharmaceutical company GlaxoSmithKline said Friday it stands to make up to $500 million from settlements between German biotech companies CureVac and BioNTech after their legal disputes were squashed by a merger.

  • August 08, 2025

    Citing 'Seinfeld,' Nostalgic Judge Pares SmartSky Patent Suit

    A federal judge pined for the pre-internet days of disconnectivity while flying and blamed two in-flight Wi-Fi companies for ushering that era's demise as he invalidated a claim in one of the patents in an infringement dispute between the two.

  • August 08, 2025

    Match Beats Rest Of British Telecommunications Patent Suit

    Match.com has defeated the remainder of a lawsuit claiming it infringed a personal profile patent owned by British Telecommunications, saying the last claim at issue didn't pass either prong of the U.S. Supreme Court's Alice test.

  • August 08, 2025

    Fed. Circ. Undoes LG's $14M Trial Loss, Invalidating Patent

    The Federal Circuit on Friday scrapped a $14 million judgment against LG Electronics Inc. for infringing a Mondis Technology Ltd. patent covering a computer display technology, deeming the patent invalid based on an inadequate written description.

  • August 08, 2025

    Warner Bros. Faces TM Trial Over 'Ugliest House' Show

    A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.

  • August 08, 2025

    Judge Tosses $150M Royalties Suit Against SiriusXM

    A Manhattan federal judge has dismissed a suit against SiriusXM from a nonprofit royalty collector alleging $150 million in unpaid royalties, saying the dispute cannot be litigated under a certain section of the Copyright Act.

  • August 08, 2025

    Stewart Rejects 8 IPR Petitions While Overriding May Denial

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.

  • August 08, 2025

    Google Loses Bid To Send Patent Case From WDTX To Calif.

    A Western District of Texas magistrate judge has refused to ship to California a lawsuit accusing Google of infringing patents covering ways to safely do financial transactions on a mobile device, finding the tech giant failed to show the Golden State was more convenient.

  • August 08, 2025

    Buchanan Ingersoll Hires Section 337 Leader From Polsinelli

    Buchanan Ingersoll & Rooney PC has brought on as shareholder an international trade attorney from Polsinelli PC to lead its International Trade Commission Section 337 practice, the firm has announced.

  • August 08, 2025

    Pennsylvania Litigation Highlights Of The 1st Half Of 2025

    In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks. 

Expert Analysis

  • Disney Art Suit Will Test Recent AI Fair Use Boundaries

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    While the first U.S. rulings to address the issue recently held that it's fair use for generative artificial intelligence models to train on certain copyrighted books without permission, Disney v. Midjourney, filed in June, will test the limits of the fair use framework in a visual art context, says Rob Rosenberg at Moses & Singer.

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Tracking The Evolving Legal Landscape Of Music Festivals

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    The legal infrastructure behind music festivals is anything but simple, so attorneys advising clients in this space should be prepared for a wide range of legal challenges, including the unexpected risks that come with live events, says Meesha Moulton at Meesha Moulton Law.

  • USPTO Ex Parte Reexamination Could Become More Popular

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    As inter partes review becomes less effective for challenging patent validity due to recent changes at the U.S. Patent and Trademark Office, ex parte reexamination may provide a viable alternative, with significant cost savings, anonymity and procedural advantages, says Stephen Ball at Husch Blackwell.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • Reddit v. Anthropic Is A Defining Moment In The AI Data Race

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    The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • Opinion

    Calif. Must Amend Trade Secret Civil Procedure

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    A California procedural law that effectively shields trade secret defendants from having to return company materials until the plaintiff can craft detailed requests must be amended to recognize that property recovery and trade secret analysis are distinct issues, says Matthew Miller at Hanson Bridgett.

  • 2nd Circ. Reinforces Consensus On Vacating Foreign Awards

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    In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Patent Ambiguity Persists After Justices Nix Eligibility Appeal

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    The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.

  • What To Know About NCAA Deal's Arbitration Provisions

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    Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.

  • Fed. Circ. In June: Transitional Phrases In Patent Claims

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    The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

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