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Intellectual Property
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March 05, 2025
PTAB Bar Urges Congress, Lutnick To Protect USPTO Workers
The PTAB Bar Association is calling on intellectual property leaders in Congress, along with Commerce Secretary Howard Lutnick, to spare the U.S. Patent and Trademark Office from Trump administration initiatives to freeze hiring and require in-person work.
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March 05, 2025
Fed. Circ. Backs PNC's PTAB Win Over Mobile Banking IP
The Federal Circuit on Wednesday affirmed a win PNC Bank landed at an administrative patent board against a Texas bank that is suing PNC over mobile banking technology.
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March 05, 2025
Celltrion Can't Undo Eye Med Biosimilar Injunction On Appeal
The Federal Circuit on Wednesday affirmed a lower court's preliminary injunction barring South Korea-based Celltrion Inc. from launching a biosimilar version of Regeneron's blockbuster eye disease treatment Eylea, rejecting Celltrion's argument that it has shown a patent on the drug may be invalid.
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March 05, 2025
Justices Asked To Recuse Fitbit Judge Over Google Ties
A Silicon Valley-based patent-holding company that lost its infringement case against Fitbit is telling the U.S. Supreme Court that a California federal judge and her husband's financial ties to Fitbit parent Google are so strong that "if these circumstances do not warrant recusal ... then nothing does."
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March 05, 2025
Teva Wants Pause Of Patent Delisting For High Court Appeal
Israeli drugmaker Teva Pharmaceuticals is hoping the Federal Circuit will keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold while it appeals the matter to the U.S. Supreme Court.
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March 05, 2025
Disney Doesn't Allow IP Theft, 'Moana' Co-Creator Testifies
One of the creators of "Moana" testified in a California federal copyright trial Wednesday that he "would never" use another writer's idea without permission, noting that one of his projects was killed after The Walt Disney Co. was unable to buy source material.
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March 05, 2025
Bezos' Satellite Co. Drops Docs Fight With His Newspaper
Jeff Bezos' satellite company has ended a public records fight with the Bezos-owned Washington Post over Washington state labor department workplace investigation records, after both sides agreed on blacking out some details to shield trade secrets.
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March 05, 2025
NJ Panel Wrestles With Reviving Lorillard's Tax Refund Claim
New Jersey state appeals court judges grappled Wednesday with whether to revive tax refund claims from Lorillard following a state Tax Court decision that said changes to a royalty addback and deduction rule retroactively fixed constitutional issues with the regulation.
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March 05, 2025
Fed. Circ. Says Marketing Costs Can Permit ITC Patent Suits
The Federal Circuit ruled Wednesday that the U.S. International Trade Commission has wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases, and revived a suit brought by eyelash extension company Lashify.
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March 05, 2025
Parameters Set For Final NIL Deal Approval Hearing
The California federal judge overseeing the massive $2.78 billion name, image and likeness settlement between the National Collegiate Athletic Association and former and current student-athletes has released guidelines for the deal's final approval hearing in April.
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March 05, 2025
Steven Madden Resolves Libel Dispute Over IP Allegations
Parties in Steven Madden Ltd.'s lawsuit accusing Danish "affordable luxury" brand Ganni A/S of falsely claiming that two of its shoe designs infringed Ganni's intellectual property have reached an agreement to resolve the dispute, according to a filing Tuesday in New York federal court.
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March 05, 2025
Fed. Circ. Keeps Lenovo, Databricks Patent Fights In Texas
The Federal Circuit has turned down efforts by Lenovo and Databricks to ship separate lawsuits they are facing from patent-holding companies out of the Eastern District of Texas.
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March 05, 2025
HBO Wins Initial Toss Of 'Chernobyl' IP Case
A New York federal judge has dismissed a Ukrainian videographer's lawsuit accusing HBO and Sky UK of ripping off his video readout of a firefighter's call for its historical miniseries "Chernobyl," allowing him to file an amended complaint only for the copyright infringement claims.
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March 05, 2025
Broadcom Slams 'Meritless Retaliatory' Netflix Patent Suit
Technology giant Broadcom blasted a patent infringement lawsuit filed by Netflix over five software patents Broadcom contends are invalid and urged a federal California court to toss the litigation, calling it a "meritless retaliatory case" meant to distract from Netflix's "rampant infringement of patents owned by Broadcom-related entities."
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March 05, 2025
Paul Newman's Daughters End IP Suit Against Newman's Own
Late actor Paul Newman's daughters withdrew their lawsuit from Connecticut state court accusing the Newman's Own Foundation of trading off their father's name for non-food-related purposes and breaching its duty to fund their own foundations despite the deceased film star's intent.
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March 05, 2025
Alibaba Denies Control Over Copycat Dr. Martens Adverts
E-commerce site Alibaba has told a London court that it played no part in creating sponsored online advertising containing trademarks owned by Dr. Martens, but claims that the iconic leather boot brand also has not genuinely used all its trademarks.
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March 05, 2025
Pfizer, BioNTech Get PTAB To Invalidate Moderna Vaccine IP
The Patent Trial and Appeal Board handed a massive victory to Pfizer and BioNTech on Wednesday, as it invalidated two Moderna patents covering its Spikevax COVID-19 vaccine, which the challengers stand accused of infringing.
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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.
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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."
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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.
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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.
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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.
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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.
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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."
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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.
Expert Analysis
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
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.
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4 Trade Secret Developments To Follow This Year
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.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
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.
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New Law In NY Places Employee NIL Rights In Spotlight
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.
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Penn State Brand Case Leaves Ornamentality Unresolved
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.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
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.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
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.
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Reviewing 2024's AI Patent And Copyright Developments
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.
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Trump, Tariffs And Tech: The Right To Repair In 2025
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.
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E-Discovery Quarterly: Rulings On Custodian Selection
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.
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Fed. Circ. Patent Decisions In 2024: An Empirical Review
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.
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What To Expect In Higher Ed Enforcement Under Trump
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.
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How Trial Attys Can Wield Amended Federal Evidence Rules
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.