Intellectual Property

  • March 05, 2025

    Court Finds StockX Liable In Counterfeit Nike Sneaker Suit

    Following oral arguments in New York federal court on Tuesday, a judge found sneaker reseller StockX LLC liable for selling counterfeit Nike shoes, ordering the companies to find available trial dates this year for the remaining allegations.

  • March 04, 2025

    Agencies Have 'Ultimate' Authority Over Firings, OPM Says

    The Office of Personnel Management on Tuesday issued a revised version of its January memo directing agency heads to identify all probationary employees, adding a disclaimer that OPM "is not directing agencies to take any specific performance-based actions" and that agencies "have ultimate decision-making authority."

  • March 04, 2025

    Car Cos. Need Facts, Not Opinions, In Patent Suit, Judge Says

    A Michigan federal judge on Tuesday pressed auto manufacturers for concrete proof that Neo Wireless investors withheld key information about a rival's project from patent officials, telling the carmakers they can't just fall back on an out-of-state judge's opinion to win the patent dispute.

  • March 04, 2025

    ITC To Weigh Essential Patent Import Bans In Amazon Row

    The U.S. International Trade Commission is seeking public comments on whether the owners of standard-essential patents should be able to obtain ITC import bans on infringing products, in a case where a judge found that Amazon TVs and tablets infringed Nokia video patents.

  • March 04, 2025

    PTAB Orders Mostly Backing Apple, Others Upheld On Appeal

    The Federal Circuit on Tuesday affirmed Patent Trial and Appeal Board decisions that Apple and others had shown most claims of a patent on using cameras to sense gestures by users are invalid, but said the board correctly upheld two claims.

  • March 04, 2025

    Phillips 66 'Trickery' Merits $1.2B More Damages, Judge Told

    A startup that won a $605 million trade secrets verdict against oil giant Phillips 66 argued Tuesday in California state court that its would-have-been acquirer owes an additional $1.2 billion for reprehensible conduct, including by in-house counsel who supposedly made "efforts to cover up" information theft.

  • March 04, 2025

    Apple Seeks Ban Against Masimo's Original Smartwatch

    Apple has urged a Delaware federal judge to issue an injunction against a healthcare technology company found last year to have infringed two of the tech giant's design patents with its W1 smartwatch and charger, calling the defense's refusal to agree to the injunction "telling."

  • March 04, 2025

    Fed. Circ. Affirms PTAB Decision Backing Stem Cell Patent

    A biotech research outfit failed Tuesday to persuade Federal Circuit judges to rethink an administrative board ruling that rejected a challenge mounted against a stem cell patent.

  • March 04, 2025

    Albright Rejects Transfer Bid In Another Apple Patent Feud

    U.S. District Judge Alan Albright rejected Apple and Qualcomm Inc.'s bid to transfer Red Rock Analytics' patent suit against them from the Western District of Texas to the Northern District of California, saying in a redacted order made public Tuesday that the tech companies have not established the case "would be clearly more convenient" in the preferred venue.

  • March 04, 2025

    Disney Animator Tells Jury 'Moana' Was His Original Idea

    A longtime animation director for The Walt Disney Co. testified in California federal court Tuesday that his blockbuster movie "Moana" was inspired by Polynesian mythology and extensive research into the region and its culture, not the work of another artist now suing for copyright infringement.

  • March 04, 2025

    Fla. Art Gallery Accused Of Stonewalling In Fake Warhol Suit

    A group of amateur art collectors alleging they were conned into buying $6 million of fake Andy Warhol paintings told a Florida state court judge Tuesday that a Miami gallery and its dealer stonewalled financial records requests, saying the objections cited to block their subpoenas are meant for crime victims.

  • March 04, 2025

    Anthropic CEO Must Sit For Depo In Authors' OpenAI Suit

    A California federal magistrate judge overseeing discovery in authors' high-stakes copyright suit against OpenAI ruled Tuesday that the CEO of AI startup Anthropic must sit for a six-hour deposition, after the authors argued that he previously worked at OpenAI and was responsible for the datasets used to train its machine-learning model.

  • March 04, 2025

    Moderna Faces MRNA Vax Patent Suits In Canada And Beyond

    Pennsylvania drug developer Arbutus Biopharma and Genevant Sciences have taken their COVID-19 vaccine litigation against Moderna worldwide, suing the pharmaceutical company in courts in Canada, Japan and Switzerland, along with the Unified Patent Court, alleging infringement.

  • March 04, 2025

    Alcon, Lens.com Settle 7-Year Trademark Fight In NY

    Alcon and Lens.com informed a New York federal judge Tuesday that they've agreed to resolve their long-running trademark dispute over claims that Lens.com was reselling some of Alcon's products without authorization. 

  • March 04, 2025

    After 'Historic Low' In 2023, Number Of ITC Cases Soar In 2024

    The U.S. International Trade Commission saw a significant uptick in disputes last year, according to a Tuesday report by a firm that represents expert witnesses used in litigation.

  • March 04, 2025

    ITC Clears Juul In Altria Vape Patent Dispute

    The U.S. International Trade Commission has reviewed and affirmed a decision clearing Juul in an infringement case brought by Altria-owned rival NJOY over its vaping patents.

  • March 04, 2025

    Tobacco Co. Settles Suit Over Use Of 'Juicy' Trademark

    A tobacco accessories company has told an Arizona federal court that it has settled its suit against a Washington company that it alleged had infringed on its "Juicy" products trademark.

  • March 04, 2025

    Athletes 'Overwhelmingly' Support NCAA NIL Deal, Attys Say

    The response by the class of college athletes to the NCAA's settlement providing name, image and likeness compensation and revenue sharing has been "overwhelmingly positive,'' the attorneys for the athletes told a California federal judge as part of their bid for final approval of the $2.78 billion settlement next month.

  • March 04, 2025

    Approach The Bench: Judge Christopher Burke On Efficiency

    U.S. Magistrate Judge Christopher Burke uses innovative techniques to manage the glut of complex cases that come through Delaware's federal court.

  • March 04, 2025

    New Crowell & Moring Group To Advise On Gov't Procurement

    Crowell & Moring LLP has launched a new governmental consulting group to provide companies with guidance on how to obtain and carry out federal procurements, the firm announced Tuesday.

  • March 04, 2025

    Pretium Clinches $500M Inaugural Legal Opportunities Fund

    New York-headquartered investment firm Pretium, advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday revealed that it closed its inaugural Legal Opportunities Fund after securing roughly $500 million from investors.

  • March 03, 2025

    Colo. Prospector Didn't Steal Anschutz Oil Secrets, Jury Told

    A Colorado prospector told a Denver state jury on Monday that its $9 million sale of land next to Anschutz-owned oil and gas wells was not the result of stolen well production data, arguing Anschutz Exploration Corp. has no proof the prospector stole secret statistics.

  • March 03, 2025

    Full Fed. Circ. Won't Take On Teva's Orange Book Appeal

    The Federal Circuit on Monday rejected a request for an en banc rehearing from Teva Pharmaceuticals challenging a panel decision finding that the company improperly listed its asthma inhaler patents on a key U.S. Food and Drug Administration database that lists patents for drugs.

  • March 03, 2025

    Knicks And Raptors Set Arbitration Hearing In Data-Theft Suit

    An NBA arbitration hearing is scheduled to take place in July in the New York Knicks' lawsuit against the Toronto Raptors over claims a Knicks video director hired by the Toronto team had acted as a "mole" and provided his new team with proprietary data.

  • March 03, 2025

    Ex-McKool Smith Atty Opts For Reichman Jorgensen In Austin

    Reichman Jorgensen Lehman & Feldberg LLP has hired a former longtime McKool Smith patent litigator to run its office in Austin, Texas. 

Expert Analysis

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • 4 Trade Secret Developments To Follow This Year

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    Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.

  • Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas

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    Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.

  • New Law In NY Places Employee NIL Rights In Spotlight

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    New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.

  • Penn State Brand Case Leaves Ornamentality Unresolved

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    While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

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    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Reviewing 2024's AI Patent And Copyright Developments

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    Attorneys at Rothwell Figg provide highlights on procedural and substantive intellectual property issues pertaining to AI in 2024 from the Copyright Office and U.S. Patent and Trademark Office, followed by what to expect in 2025.

  • Trump, Tariffs And Tech: The Right To Repair In 2025

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    The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

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