Intellectual Property

  • February 26, 2025

    Card Shuffler Maker Inks $73M Deal To Settle Antitrust Claims

    Scientific Games Corp. has reached a $72.5 million agreement to settle its Illinois federal lawsuit with a would-be rival business that accused the company of monopolizing the automatic card shuffler market, according to a filing with the U.S. Securities and Exchange Commission.

  • February 26, 2025

    WDTX Chief Judge Won't Steer Hyundai IP Suit To Albright

    The Western District of Texas' top judge has batted down an Oregon tech company's effort to move its patent lawsuit against Hyundai to the court of U.S. District Judge Alan Albright, ruling that the presence of at least three related lawsuits in front of the judge "does not provide this court with sufficient justification for intra-district transfer."

  • February 26, 2025

    Dewberry Ruling May Lead To More Defendants In TM Fights

    Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.

  • February 26, 2025

    Disney Pilfered Animator's 'Life Work' For 'Moana,' Jury Told

    Counsel for an animation artist told jurors on the first day of a California federal court trial Wednesday that The Walt Disney Co. stole his magnum opus to develop the blockbuster movie "Moana" without a penny of compensation.

  • February 26, 2025

    Simpson Thacher Adds Partner From Wilson Sonsini

    Simpson Thacher & Bartlett LLP has picked up a trial litigator from Wilson Sonsini Goodrich & Rosati PC who helped a startup defeat a nearly $460 million trade secrets case over expert testimony involving antibody cancer treatments and secured defense victories in patent cases for companies like Google LLC and HTC Corp.

  • February 26, 2025

    Fed. Circ. Won't Let Micron Out Of Sharing Source Code

    The Federal Circuit held Wednesday that Micron Technology Inc. can't get out of handing over what the company deemed "highly confidential" source code to Yangtze Memory Technologies Co. Ltd. in an ongoing dispute over flash memory chip patents.

  • February 26, 2025

    CBD Co. Sues Rivals Over Topical Treatment Patents

    CBD product maker Metronome LLC on Wednesday filed three complaints against competitors in Colorado and Wisconsin, alleging that the other companies' products infringe their patents for topical treatments that use cannabis derivatives.

  • February 26, 2025

    Albright Won't Rethink Tossing VolP-Pal's Patent Fights

    U.S. District Judge Alan Albright declined to reconsider the court's decision to throw out VoIP-Pal's patent lawsuits against Verizon and T-Mobile, saying Wednesday that the plaintiff has failed to offer any new evidence.

  • February 26, 2025

    Party City Approved To Sell IP, Assets For $20.6M In Ch. 11

    A Texas bankruptcy judge on Wednesday blessed retailer Party City's bid to sell its brand name and other intellectual property to an affiliate of pop culture merchandiser Ad Populum for $20.6 million, rejecting a challenge to the deal by franchise owners that claimed the buyer was ill-equipped to take on contracts with their stores.

  • February 26, 2025

    Conn. Judge Tosses False Origin Claims In Atty's Firing Suit

    A Connecticut federal judge has dismissed an attorney's lawsuit against his former firm and a litigation finance group described as its biggest client, nixing false designation and false origin claims surrounding the firm's alleged use of his name to lure clients after firing him.

  • February 26, 2025

    Liquor Cos. Clash Over Use Of 'Papi' Mark

    The owner of the trademark for Papi wine and liquor products has sued the maker of Papi's Bourbon for alleged infringement in New Jersey federal court.

  • February 26, 2025

    Texas Judge Tosses Law Firm's Claims Of Unfair Competition

    A Houston federal court has trimmed a trade secrets suit a Washington state-based immigration firm is pursuing against a Texas rival, finding two of seven claims are preempted by the Texas Uniform Trade Secrets Act.

  • February 26, 2025

    Justices Vacate TM Award That Put Co.'s Affiliates On Hook

    The U.S. Supreme Court on Wednesday vacated an award that reached nearly $47 million in a trademark dispute that questioned whether affiliates of a real estate development company should be liable for the payment even though they were not defendants in the case.

  • February 25, 2025

    Walgreens Inks $595M Deal To End COVID-19 Testing Suit

    Walgreens Boots Alliance Inc. has agreed to pay $595 million to a lab testing and diagnostics company to put to rest a dispute over COVID-19 tests, according to a Monday filing with the U.S. Securities and Exchange Commission.

  • February 25, 2025

    DC Judge Blocks Trump's Federal Funding Freeze

    A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."

  • February 25, 2025

    Pa. Biotech Co. Can't Escape $4M Trade Secrets Award

    A Delaware vice chancellor declined Monday to nix a nearly $4 million arbitral award issued to Finnish company UPM-Kymmene Corp. in a long-running trade secrets dispute, ruling that a link between the arbitrator and the Finnish company's counsel at DLA Piper was "at most, an attenuated connection."

  • February 25, 2025

    Netflix Show Has 'Nothing To Do With Pepperdine,' Judge Told

    Netflix and Warner Bros. Entertainment Inc. urged a California federal judge on Tuesday not to block the impending release of their new series "Running Point" amid trademark claims from Pepperdine University, saying the show has "nothing to do" with the college or its athletic teams.

  • February 25, 2025

    Sens. Reintroduce Measure To Boost Patent Injunctions

    A pair of senators moved Tuesday to reintroduce legislation that would make it easier to obtain patent injunctions, after the bill got a divided reaction at a Senate hearing when it was proposed last session.

  • February 25, 2025

    Judge Sends Koons 'Made In Heaven' IP Fight To The Afterlife

    A New York federal court on Tuesday dismissed a copyright infringement case against artist Jeff Koons, saying the dispute — featuring a snake sculpture, an Italian porn star turned parliamentarian and a messy divorce — was brought too late.

  • February 25, 2025

    9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit

    The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.

  • February 25, 2025

    Newman Says Fed. Circ. Doctors Undermine Suspension Case

    Federal Circuit Judge Pauline Newman has said the court's other judges have undermined their claims about why they suspended her, by retaining experts who questioned reports from her own doctors finding her fit to serve as a judge.

  • February 25, 2025

    HBO Escapes 'FBoy Island' Copyright Case

    A Southern District of New York judge has decided that the canceled HBO reality TV show "FBoy Island" is not "substantially similar" to a reality show pitch that was shopped around by a producer who followed up his pitch with a copyright lawsuit.

  • February 25, 2025

    5th Circ. Declines Real Estate Co.'s Injunction Bid In TM Feud

    A panel of Fifth Circuit judges has sided with a lower court's decision that Rampart Resources Inc. should not get a preliminary injunction against rival real estate company Rampart/Wurth Holding Inc.

  • February 25, 2025

    State Telecom Roundup: AI On Everyone's Minds

    It's been just over two years since artificial intelligence burst onto the scene in a big way with the launch of ChatGPT. After billions upon billions of dollars in investment, AI tools can be found everywhere from the Apple App Store to social media platforms to clothing websites.

  • February 25, 2025

    Warner Bros. Can't Nix 'ER' Ripoff Suit Over 'The Pitt'

    Warner Bros. Television can't nix a contract breach lawsuit filed by the estate of "ER" creator Michael Crichton alleging the media company's medical drama, "The Pitt," is an unauthorized reboot of "ER," after a California judge ruled the plaintiffs' evidence shows, on its face, WB's show is derived from "ER."

Expert Analysis

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Navigating The Minefield Of Patenting AI-Generated Inventions

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    For businesses and individuals trying to patent inventions partially developed with assistance from artificial intelligence — like software that's been coded by AI — recordkeeping and diligent documentation are of paramount importance when seeking patent protection, says Robert Plotkin at Blueshift IP.

  • How Attorneys Can Master The Art Of Eye Contact At Trial

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    As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • 7th Circ. Ruling Muddies Split On Trade Secret Damages

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    The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Nutraceutical Patent Insights As Market Heats Up

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    Companies entering the expanding nutraceutical market and seeking patents to protect their innovations should evaluate successful nutraceutical claim language and common patent challenges in this field, say attorneys at Sterne Kessler.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Nintendo Suit May Have Major Impact On Video Game Patents

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    If Nintendo and The Pokémon Co. win their patent infringement case in Japan against Pocketpair, the game developer behind Palworld, it could pose new challenges for independent game creators — but it could also encourage innovation, says Charles Morris at Marshall Gerstein.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis

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    ​The Ninth Circuit’s upcoming decision in Hara v. Netflix​, about what it means to be source-identifying​, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

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    The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

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