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Intellectual Property
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July 17, 2025
Notorious B.I.G. Estate, Others Settle IP Row Over Merch
A settlement has been reached in a suit brought by the estate of the Notorious B.I.G. against Target, Home Depot, Nordstrom and others, claiming they infringed the late rapper's trademarks by selling art bearing his image and likeness, the parties told an Illinois federal court.
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July 17, 2025
Albright Clears Cisco In $121M Network Patent Case
Western District of Texas Judge Alan Albright has finalized his decisions clearing Cisco in a suit alleging it owed $121 million for infringing Corrigent Corp. communications network patents, memorializing earlier orders that Cisco didn't infringe some patents and that others were invalid.
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July 16, 2025
OpenAI, Microsoft Challenge Authors' Proposed Class Action
OpenAI and its financial backer Microsoft each have lodged challenges in New York federal court to a consolidated proposed class action from a group of best-selling authors who claim their works were used to train ChatGPT, saying the consolidated litigation went beyond the court's permissible scope.
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July 16, 2025
Property Evaluation Patent Case Allowed To Move Forward
A federal judge has refused to toss a suit claiming an artificial intelligence property risk assessment company infringed patents used to evaluate properties, saying the patents cleared the U.S. Supreme Court's Alice test.
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July 16, 2025
With Discretionary Denials, PTAB Accepting Fewer Petitions
The rate of patent challenges accepted by the Patent Trial and Appeal Board is still declining, with data for July showing a sharp decrease in the institution rate following major changes in board practice, according to data shared at a Sterne Kessler Goldstein & Fox PLLC webinar Wednesday.
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July 16, 2025
AI Tools Taking On Bigger Role In USPTO Patent Examination
The U.S. Patent and Trademark Office is expanding how artificial intelligence is used in patent examination, adding an image search tool that design patent examiners will soon be trained on to existing tools for utility patent examiners, officials said at a Wednesday event.
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July 16, 2025
Ex-Tech Exec Says Ga. Law Can't Hold Her To Trade Secrets
An ex-vice president of Georgia-based software firm Trinoor LLC said Tuesday that a trade secrets suit from her former company should be thrown out over contradictory language about which state's law ought to govern the spat.
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July 16, 2025
Hawley Accuses AI Cos. Of Largest IP Theft In US History
U.S. Sen. Josh Hawley condemned artificial intelligence developers accused of using pirating sites to obtain training material for their AI models, calling the claims part of "the largest intellectual property theft in American history" during a hearing Wednesday.
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July 16, 2025
Senior Placement Co. Wants Out Of False Ad Suit
A company that places senior citizens in retirement homes has asked a Georgia federal judge to toss a proposed class action alleging it falsely advertised free services and steered business away from communities that declined to participate in its "pay-to-play" business model, arguing the claims were just "speculation and conjecture."
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July 16, 2025
BOE Misappropriated Samsung Trade Secrets, ITC Judge Finds
A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.
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July 16, 2025
Fish & Richardson Avoids DQ From GM Patent Fight
A Chicago federal judge has declined to disqualify intellectual property firm Fish & Richardson PC from representing General Motors Co. in a suit over patents for fender designs, rejecting arguments that the firm sought to target a paralegal who had previously handled the case for opposing counsel.
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July 16, 2025
Nexstar Media Sues Ex-Worker Over 'Cruisin' Connecticut' TM
Broadcasting giant Nexstar Media Inc. has sued a former sales executive allegedly responsible for finding advertisers for a local television station's "Cruisin' Connecticut" segments, accusing her of launching her own media company in 2019 and filing a trademark application for the similar phrase "Cruisin' CT."
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July 16, 2025
Tech Co. Can't DQ MoFo In IP Suit After Perkins Coie Ouster
A California federal judge denied on Wednesday a motion by the biometric security company FaceTec to disqualify Morrison & Foerster LLP from representing a competitor in its ongoing patent infringement lawsuit.
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July 16, 2025
Funkadelic Leader Seeks Sanctions In 'Baseless' Royalty Row
Parliament-Funkadelic bandleader George Clinton again asked a Michigan federal court to sanction the estate of the band's former keyboardist in their royalty row on Tuesday, telling the court the estate is pursuing "frivolous" claims to financially harm the still-touring musician.
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July 16, 2025
Novartis Denied Bid To Block Generic Entresto In TM Feud
A New Jersey federal judge has rethought her initial decision blocking a Novartis competitor from potentially selling a generic version of a heart failure treatment drug, saying she got it wrong when she earlier analyzed a trade dress claim.
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July 16, 2025
WilmerHale Can't Stay As Verizon's Attys In Texas Patent Trial
A federal judge in Texas has sided with a magistrate judge who found that a pair of WilmerHale lawyers representing Verizon in a dispute with Headwater Research LLC should be disqualified because the firm previously represented the owner of the patents at issue.
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July 16, 2025
2nd Circ. Revives TM Suit Over Chinese Speaker Shipment
The Second Circuit has reinstated a trademark case from speaker manufacturer Altec Lansing over another company's purchase of speakers with Altec's branding from a Chinese company, saying Altec had created a genuine dispute over the nature of the sale.
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July 15, 2025
IP Owner Orgs Urge Fed. Circ. To Reject Fintiv Memo Appeal
Organizations representing startups and other intellectual property owners have urged the Federal Circuit to reject SAP America Inc.'s mandamus petition challenging the U.S. Patent and Trademark Office leader's handling of a discretionary denials policy, arguing she acted within the powers of her role.
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July 15, 2025
Former IP Partners' Names Worth $52K, Expert Testifies
The names of two deceased law partners are worth between $28,000 and $52,000 per year to a Connecticut intellectual property boutique, an expert testified Tuesday during a federal court hearing in a valuation dispute between two of the late lawyers' colleagues.
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July 15, 2025
Patent Fight Over Xtandi Erupts Anew Before RFK Jr.
A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.
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July 15, 2025
Court Blocks Generic Selenium Products Amid Patent Suit
A New Jersey federal judge has temporarily blocked a group of generic-drug companies from selling versions of a selenium injection treatment covered by patents owned by American Regent Inc., which accused the group of patent infringement.
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July 15, 2025
The Biggest IP Agency Developments Of 2025: Midyear Report
The U.S. Patent and Trademark Office and the U.S. Copyright Office have not been spared from the Trump administration's shake-ups and changes across the federal government in the first half of the year.
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July 15, 2025
9th Circ. Backs Nature's Way Loss In Supplements TM Suit
The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.
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July 15, 2025
Patent Owner Wants Google Sanctioned For Discovery Tactics
The owner of a location tracking patent has asked a New York federal judge to sanction Google in an infringement case, claiming the company dumped massive amounts of documents on him before depositions were set to begin and then refused to respond to a proper request for more information.
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July 15, 2025
Fed. Circ. Temporarily Blocks MSN's Entresto Generic
The Federal Circuit gave Novartis Pharmaceuticals Corp. a temporary reprieve Tuesday from having to face generic competition for its top-selling drug, Entresto, after losing a bench trial in Delaware.
Expert Analysis
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Mistakes To Avoid In Service Provider AI Terms
Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.
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DOJ Policy Shifts May Resurrect De Facto 'China Initiative'
The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Google Damages Ruling May Spur Income Approach Usage
The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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Rebuttal
Forced Litigation Funding Disclosure Threatens Patent Rights
A recent Law360 guest article argued that courts should adopt stronger disclosure requirements for third-party litigation funding, but rather than enabling fairness or transparency, such measures would only undermine patent holders' access to capital and weaken their ability to assert valid patent rights, says Anup Misra at Curiam Capital.
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Measuring The Impact Of Attorney Gender On Trial Outcomes
Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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Opinion
Congress Must Restore IP Protection To Drive US Innovation
Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Opinion
Courts Must Revitalize Robust Claim Construction
Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts
The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.
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Fed. Circ. In April: Introducing New Evidence During IPR
The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.