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Intellectual Property
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Featured
6 Copyright, TM Cases On Tap As Justices Begin New Term
The new U.S. Supreme Court term could be an eventful one for intellectual property law, with a $1 billion copyright fight on deck between music publishers and Cox Communications that is expected to clarify the bounds of liability for internet companies over their customers’ illegal downloads. Here's a look at some of the IP cases under review when the justices begin their new term Oct. 6.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Pfizer Says Drugmaker Moving Too Early On Arthritis Generic
Pfizer has asked a Delaware federal court to block generic-drug maker Prinston Pharmaceutical from moving forward with plans to sell a generic version of the arthritis drug Xeljanz that would allegedly infringe Pfizer's patent.
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September 29, 2025
DLA Piper Must Face Trial In Pregnancy-Firing Suit
A New York federal judge on Monday said DLA Piper must face trial in a discrimination case by a former lawyer who was fired two months after disclosing her pregnancy, saying the former seventh-year IP associate has made out a case around the circumstances of her 2022 departure.
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September 29, 2025
House GOP Lawmakers Back ITC Import Ban Won By Oura
A group of House Republicans want the U.S. Trade Representative to uphold the U.S. International Trade Commission's decision to block Ultrahuman and RingConn from importing products it held infringed an Ouraring Inc. wearable computing device patent.
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September 29, 2025
Meta Stole Plan For Instagram Shopping, Antitrust Suit Alleges
A British company Friday sued Meta Platforms Inc. in California federal court, claiming the tech giant was only able to build Instagram Shopping and create a "Meta monopoly" over the tag-based shopping market by secretly stealing the startup's proprietary business plan and exploiting its social network dominance.
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September 29, 2025
No New Trial In Eyedrop TM Case, But Damages Cut To $11M
A California federal judge has rejected a motion for a new trial in a trademark case between eyedrop makers after a jury awarded one side $35 million, saying there was plenty of evidence to support a finding of infringement while reducing the damages award to about $11.2 million.
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September 29, 2025
6th Circ. Won't Revive Software Development IP Case
The Sixth Circuit has declined to revive copyright infringement and trade secrets claims brought by a business communications company over a software development tool, saying the company waited too long to look into its concerns that a rival was distributing a modified version of the software.
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September 29, 2025
USPTO, Tech Cos. Tell Justices To OK Expired Patent Reviews
The U.S. Patent and Trademark Office and technology companies have urged the U.S. Supreme Court to reject a patent owner's argument that expired patents cannot be reviewed by the patent office, saying a previous high court ruling means such reviews are permitted.
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September 29, 2025
Samsung's $112M IP Loss Nixed For 'Conclusory' Testimony
A Texas federal judge has revealed his rationale for overturning a jury's May verdict that found Samsung Electronics Co. owed Maxell Ltd. $112 million for infringing personal electronics patents, finding that much of Maxell's experts' testimony was "conclusory" and insufficient to support the infringement verdict.
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September 29, 2025
Michigan Judge Tosses College Football Players' $50M NIL Suit
A $50 million proposed class action by former college football players, claiming that they have been deprived of the profits from their publicity rights for decades, has been thrown out by a Michigan federal judge, a decision the athletes said they would appeal.
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September 29, 2025
Food Tray Co. Escapes Import Ban After PTAB Decision
The U.S. International Trade Commission has dropped an import ban against a plastic food container manufacturer after the U.S. Patent Trial and Appeal Board found the patent claims it was accused of infringing were invalid.
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September 29, 2025
Fed. Circ. Backs Lyft Win In PTAB Car ID Patent Challenge
The Federal Circuit on Monday refused to revive claims across five vehicle identification system patents, affirming Patent Trial and Appeal Board decisions that rideshare giant Lyft was able to show that the claims were invalid.
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September 29, 2025
Sherwin-Williams Contests 'Exceptional Case' Fee Claim
Arguing over a single contentious issue does not support a report that labeled Sherwin-Williams' litigation strategy in a patent dispute as "exceptional," the company asserted in a recent objection to recommendations that it should pay fines and attorney fees in the case.
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September 29, 2025
Verizon Resolves Wi-Fi Calling Patent Fight
Verizon has reached an agreement with VoIP-Pal.com Inc. to end patent infringement litigation over its free Wi-Fi calling service that was at one point seeking over $5 billion in damages.
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September 29, 2025
Trump Again Pushes 100% Tariff To Help US Film Industry
President Donald Trump revived his call for a 100% tariff on imported films Monday on Truth Social, claiming the measure is necessary to reverse trends of offshoring production.
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September 26, 2025
Full Fed. Circ. Told There's Mixed Transfer Law In Patent Case
Software company VirtaMove Corp. is doubling down on efforts to keep its patent infringement suits against Amazon and Google in the Western District of Texas, telling the full Federal Circuit that a panel strayed from Fifth Circuit precedent by declining to disturb the suits' transfer to California.
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September 26, 2025
Stewart Keeps Discretion Duty As Squires Takes On RPIs, AI
In John Squires' first week as U.S. Patent and Trademark Office director, he walked back precedent from the first Trump administration, claimed machine learning should be patent-eligible, and designated Deputy Director Coke Morgan Stewart to continue handling discretionary denial reviews.
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September 26, 2025
Fed. Circ. Won't Gamble On Lottery Ticket Patent Without Suit
The Federal Circuit on Friday dismissed Interactive Communications International's appeal of a Patent Trial and Appeal Board decision declining to invalidate claims in a preprinted lottery ticket patent, saying the company lacks standing since it isn't facing a lawsuit by the patent owner.
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September 26, 2025
Wu-Tang Album May Be Trade Secret In Shkreli Suit, Judge Says
A New York federal judge has found that a one-of-a-kind Wu-Tang Clan album could be considered a trade secret in a novel decision that made significant trims to a cryptocurrency project's lawsuit against the album's former owner Martin Shkreli, but the judge kept in play claims that he misappropriated the project's trade secrets.
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September 26, 2025
CareDx Asks 3rd Circ. To Rethink $45M False Ad Case
Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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September 26, 2025
Starbucks Cites Wash. Law To Fight 'Bad Faith' Patent Claims
Starbucks is using a Washington state law that protects against "bad faith" patent infringement claims to go after a pair of Irish companies that say the coffee chain has infringed nearly a dozen technology patents.
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September 26, 2025
Banks Evade Most Liability Claims In Copyright Suit
A pair of banks had the majority of the liability claims against them tossed by a Colorado federal judge Friday in an architectural group's copyright lawsuit against a real estate developer, whose project they financed.
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September 26, 2025
Boeing Pushes 9th Circ. To Rethink $72M Trade Secret Verdict
Boeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice."
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September 26, 2025
Atty Fights Uphill To Nix Sanctions For Motion With AI Errors
MPH International's counsel urged a California federal judge Friday to change his mind on sanctions requiring him to report to the state bar for filing a summary-judgment motion with AI-generated errors, arguing he had COVID, such mistakes are becoming commonplace and disciplinary proceedings could harm small practices and pro-bono work.
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September 26, 2025
Cellectis, AstraZeneca Face IP Suit From Cell Engineering Co.
A cell engineering company sued pharmaceutical giant Cellectis Inc. on Friday, claiming it had used patented gene-editing protein research technology and purported to license it for use to AstraZeneca.
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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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.
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Between The Lines Of EPO's Adoption Of Color Drawings
The European Patent Office's decision to accept patent drawings in color starting in October may enhance clarity in technical disclosures and streamline the examination process, and could also enable new patent filing strategies for international applicants, say attorneys at Miller Canfield.