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Intellectual Property
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Featured
Empty Advisory Boards Have Attys Worried About USPTO
U.S. Secretary of Commerce Howard W. Lutnick removed all members of the U.S. Patent and Trademark Office's public advisory committees in March and those seats have remained empty, raising concerns that the agency's leadership is operating in an echo chamber.
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
Fed. Circ. Backs PTAB Axing CAO Lighting Patent Claims
The Federal Circuit on Friday signed off on Patent Trial and Appeal Board decisions that invalidated various claims in a pair of LED patents, mostly handing a win to challengers like General Electric Co. and semiconductor company Wolfspeed Inc.
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September 05, 2025
Harper Lee Estate, Publisher Settle 'Mockingbird' Play IP Case
Harper Lee's estate and a publishing company have settled their dispute over a "To Kill a Mockingbird" play adaptation the estate allegedly licensed without authority, wiping a more than $2.5 million arbitration fee appeal off the books the day before their scheduled arguments at the Seventh Circuit.
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September 05, 2025
Apple Hit With Suit Over Voice And Text Recognition Patents
Apple Inc. is facing a suit by software and artificial intelligence firm Cerence AI over several patents that Cerence said allow voice and text recognition on Apple products.
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September 05, 2025
Fed. Circ. Revives Pro Se Inventor's Social Media Patent Bid
The Federal Circuit on Friday breathed new life into a Florida man's attempt to patent a way of facilitating the flow of information on social media networks, finding the Patent Trial and Appeal Board needs to take another look.
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September 05, 2025
Fla. Bar Moves To Suspend Atty Accused Of Widespread Scam
The Florida Bar filed a petition Friday seeking the emergency suspension of a lawyer accused of scamming dozens of clients, failing to pay associates and paralegals who worked at his firm and repeatedly violating court orders.
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September 05, 2025
Conn. Biotech Hits Ch. 11 With $2.7M Debt After Patent Suit
A Connecticut biotech company has filed a voluntary Chapter 11 petition claiming at least $2.7 million in liabilities, mostly debts to Quinn Emanuel Urquhart & Sullivan LLP and Verrill Dana LLP, after both law firms represented it in a since-settled Massachusetts stem cell patent lawsuit.
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September 05, 2025
Anthropic Agrees To Pay $1.5B To Settle AI Copyright Fight
Leading artificial intelligence developer Anthropic has agreed to pay $1.5 billion to settle a case brought by a group of authors who accused the company of illegally using their works to train its flagship large language model, the authors told a California federal court on Friday.
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September 05, 2025
Instagrammer's IP, Likeness Suit Tossed With Prejudice
Social media influencer Dan Bilzerian can't proceed in Nevada federal court with his lawsuits against his father and others over claims they hijacked his vape and lifestyle brand even after being pushed out of the company, a federal judge ruled, saying there just isn't any connection to the state.
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September 05, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen professional boxing promoter Boxxer take action against the former head of boxing at Matchroom Sport, Aegis Motor Insurance and Chubb European Group clash over a reinsurance claim, and a transgender pool player sue the English Blackball Pool Federation over its decision to ban her competing in women's teams and tournaments.
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September 05, 2025
Warner Bros. Sues AI Image Biz Over Character Outputs
Warner Bros. has sued artificial intelligence image and video company Midjourney over alleged copyright infringement, saying it "thinks it is above the law" by allowing users to create images of copyrighted household-name characters.
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September 05, 2025
How A 'Risky' Move Fueled Kobre & Kim's Win Over Phillips 66
In the trial over Propel Fuels' claims that Phillips 66 stole trade secrets during due diligence for an acquisition, Kobre & Kim switched up standard witness order and convinced a jury to award $605 million.
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September 04, 2025
Late Funkadelic Member's Royalty Suit Too Late, Judge Finds
A Michigan federal judge ended a case Thursday brought against George Clinton by his late keyboardist's estate over unpaid royalties, saying the statute of limitations expired when there was silence between the parties about a contract between them for decades.
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September 04, 2025
AI Co. Sues Rival, Ex-Exec Over Alleged Trade Secret Theft
Scale AI Inc. has slapped Mercor and a former executive with a trade secret theft suit in California federal court, claiming that while the generative artificial intelligence data competitor was wooing Scale's employee, he was stealing documents that "amount to a roadmap for unfairly competing with Scale."
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September 04, 2025
PTAB Mostly Backs Comcast In Entropic Patent Challenges
The Patent Trial and Appeal Board has found that numerous claims of two Entropic Communications LLC communications network patents challenged by Comcast are invalid, but that the cable giant failed to prove that other claims are invalid.
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September 04, 2025
Samsung Inks Deal To End Neonode Smartphone's Patent Suit
A Texas federal judge has approved Neonode Smartphone's bid to dismiss the company's patent suit against Samsung over its swipe to unlock feature after the parties reached a deal in the case.
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September 04, 2025
Generic Drug Org Backs MSN In High Court Entresto Appeal
The Association for Accessible Medicines has thrown its weight behind MSN Pharmaceuticals in the company's U.S. Supreme Court challenge to a Federal Circuit decision blocking its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying Wednesday that the appeals court took the wrong approach to patent validity.
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September 04, 2025
Texas Judge Allows Nokia's License Defense In Patent Dispute
A Texas federal judge has ruled that he won't sink Nokia's defense from an Irish company's telecommunications patent infringement suit that it holds a license from the patent's former owner.
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September 04, 2025
GSK Adds Moderna's New COVID Vaccine To Del. IP Suit
GlaxoSmithKline Biologicals is broadening its patent infringement suit against Moderna Inc. to include the latter's new family of COVID-19 vaccines, mNEXSPIKE.
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September 04, 2025
Sterne Kessler Adds Ex-Deputy Chief PTAB Judge
The former acting head of the U.S. Patent and Trademark Office's unit that reexamines patents after they have been granted has made the move to Sterne Kessler Goldstein & Fox PLLC, amid a series of personnel changes at the agency.
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September 04, 2025
Coinbase Fights Password Co.'s IP Claims Over Login Method
Cryptocurrency exchange Coinbase has sued password solutions company DynaPass Inc. seeking a declaratory judgment that Coinbase's secure sign-in method does not infringe on Dynapass' two-factor authentication method it patented nearly 20 years ago.
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September 04, 2025
Music Lyrics Co.'s $1B Antitrust Suit Mostly Survives
A California federal judge largely refused to dismiss LyricFind Inc.'s $1 billion suit accusing a streaming music lyrics rival of using an exclusive deal with Warner Music to edge it out of the market, crediting claims about the importance of Warner while nixing some business interference allegations.
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September 04, 2025
Automakers Fail In PTAB Bid To Ax Neo Wireless Patent
The Patent Trial and Appeal Board has found that Ford, General Motors and Nissan did not prove that claims in a Neo Wireless patent at issue in a multidistrict litigation are invalid, in a case where the former patent office director undid the board's refusal to institute review.
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September 04, 2025
Fed. Circ. Backs Motorola Camera Lens Patent Win At PTAB
The Federal Circuit on Thursday upheld the Patent Trial and Appeal Board's finding that smartphone maker Motorola was able to prove that claims in an imaging lens system patent owned by a Taiwanese company were invalid.
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September 04, 2025
Beer, Wings, Patents: Tackling The Latest IP Football Fights
As this NFL season kicks off, a copyright fight stemming from the statue of a famed Detroit Lions player and a suit from a former New York Jets player over his portrayal in the sports documentary series "30 for 30" are brewing in the courts.
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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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Enablement Standard Insights From Fed. Circ. Agilent Ruling
The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.
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How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders
The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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You're Out?: Rooftop Views Of Sports Games Raise IP Issues
A high-profile dispute between the Chicago Cubs and a rooftop business adjacent to Wrigley Field strikes at the intersection of sports, intellectual property and Chicago neighborhood tradition, highlighting novel questions that could significantly affect IP rights in the context of live events generally, say attorneys at Troutman Pepper.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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A Change In Big Pharma Response To FTC Delisting Warnings
While the effect of Federal Trade Commission notices to pharmaceutical companies about allegedly improper patent listings in the U.S. Food and Drug Administration's Orange Book had been de minimis through the end of last year, July data shows an increase in delistings, say Ratib Ali and Celia Lu at Competition Dynamics.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Fed. Circ. In July: Instability In IPR Requirements
The Federal Circuit's decision in Shockwave v. Cardiovascular last month provided an important, albeit short-lived, clarification to the type of evidence that can be used in an inter partes review challenge, say attorneys at Knobbe Martens.
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Structuring Noncompetes In License And Collaboration Deals
As companies grappling with coming patent cliffs look to mergers and acquisitions to compensate, contracting parties assessing biopharma license and collaboration agreements should prepare to agree on noncompetes that ensure the parties' respective objectives are met and that their incentives are aligned, both under their collaboration and beyond, says Jeff Jay at Freshfields.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.