Intellectual Property

  • April 21, 2025

    Pain Management Co. Says Customers Pilfered Product Ideas

    Chicago-based Pain Management Technologies Inc. said Monday that a group of its former customers stole its nerve flex wrap product ideas and ordered their own knockoffs "as if there are no copyright laws in the United States," according to a suit filed in Ohio federal court.

  • April 21, 2025

    X Loses Bid To Toss Data Scraper's Antitrust Counterclaims

    A California federal judge has largely denied X Corp.'s bid to toss antitrust counterclaims data scraping firm Bright Data Ltd. lodged against the social media platform company, allowing Bright Data to proceed in accusing X of thwarting competition and monopolizing the United States' "public-square data" market.

  • April 21, 2025

    Del. Court Nixes Litigation Support Co. Noncompete Injunction

    Citing in part "overbroad" claims, Delaware's Court of Chancery denied an HKA Global Inc. preliminary injunction bid Monday seeking damages from and restrictions on former employees of the risk mitigation and litigation support company who allegedly jumped to a competitor and then lured away colleagues.

  • April 21, 2025

    PTAB Invalidates Inpria Patent But Allows It To Amend Claims

    The Patent Trial and Appeal Board has invalidated all the challenged claims in an Inpria Corp. patent related to extreme ultraviolet light semiconductor processing, but allowed the company the opportunity to amend its claims.

  • April 21, 2025

    Microchip Co. Wants USPTO To Apply New Rules Retroactively

    A California company behind a new kind of energy-efficient microchip says it's retained a former U.S. Patent and Trademark Office director in order to make the case that the agency's new rules over discretionary denials should be retroactively extended by seven days, in order to wipe out a partially successful patent challenge from a Chinese rival.

  • April 21, 2025

    Houston's NRG Energy Says Miami Cos. Ripped Off Its Name

    A group of Miami-based companies has been accused in Texas federal court of ripping off NRG Energy Inc.'s name.

  • April 21, 2025

    Unions Score Block On Orders To Fire Probationary Workers

    A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.

  • April 21, 2025

    Longtime ITC General Counsel Joins Polsinelli In DC

    Polsinelli PC announced Monday that it has hired the former longtime general counsel of the U.S. International Trade Commission to bolster its practice group that advises clients about ITC rules and procedures.

  • April 21, 2025

    Ozempic Maker, Texas Pharmacy Settle Knockoff Drug Claims

    The manufacturer behind the Ozempic weight loss drug buried the hatchet with a Houston-area pharmacy it accused of selling compounded, non-FDA-approved medications that claim to contain the drug's key ingredient, with the pharmacy agreeing to never again market compounded semaglutide drugs.

  • April 21, 2025

    EFF Tells Fed. Circ. That 6th Circ. Case Aids Bid For IP Docs

    A digital rights nonprofit says that a recent Sixth Circuit revival of a fight for documents in a securities suit against a private prison operator bolsters its own bid at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas.

  • April 21, 2025

    Photog Seeks Instant Replay On Lions' Sanders IP Suit Exit

    A photographer alleging the Detroit Lions modeled a statue of legendary running back Barry Sanders from an infringed photo urged a New York federal judge to reconsider his decision to cut the team from the copyright lawsuit, saying the team's dealings with an Empire State-based entity bring it under the court's jurisdiction.

  • April 21, 2025

    Justices Won't Hear Patent Eligibility Ruling Dispute

    The U.S. Supreme Court on Monday decided to skip a case brought by a company that had lost a patent case against Amazon, declining the challenge asserting that courts routinely issue summary judgment rulings on patent eligibility, even if there are disputes of fact.

  • April 21, 2025

    Justices Pass On Damages Fight In Trading Patent Case

    The U.S. Supreme Court on Monday skipped a case brought by the winner of a $6.6 million patent infringement verdict who has argued that the Federal Circuit wrongly denied its bid to increase those damages after it said it discovered fraud in the proceedings.

  • April 18, 2025

    No Privilege For Litigation Funder In Netflix Case, Judge Says

    A Virginia federal judge said Friday "it is clear" a Finnish executive cannot claim any kind of attorney-client privilege over his relationship with a litigation funder, after his former lawyer was accused of sharing confidential financial information about Netflix Inc. related to a failed patent case against the streaming service.

  • April 18, 2025

    Qualcomm Judge Bemoans 'Inefficiency' In Patent Fights

    A Florida federal judge has scheduled a third hearing on claim construction in a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, while commenting about "the inefficiency of patent litigation."

  • April 18, 2025

    PTAB Judge Heads To Boutique, Citing Return-To-Office Order

    An outgoing Patent Trial and Appeal Board judge based in Austin, Texas, tells Law360 that President Donald Trump's return-to-office order was a "significant factor" in her decision to return to private practice, joining boutique patent firm Smith Baluch LLP as a partner.

  • April 18, 2025

    Stewart Ends IPRs Of Patent Hulu Already Got Axed In Court

    The acting head of the U.S. Patent and Trademark Office has thrown out a pair of Patent Trial and Appeal Board decisions granting Hulu's bids to review a patent on inserting ads in media content.

  • April 18, 2025

    IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle

    Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.

  • April 18, 2025

    Charter Communications Ends Trade Secrets Suit With Ex-VP

    Charter Communications Inc. has settled a trade secrets lawsuit it brought in Connecticut federal court against a former executive it accused of taking confidential information with him when he left for a job with Metronet, one of its competitors, according to a joint stipulation for dismissal.

  • April 18, 2025

    Fed. Circ. Backs Fox In 1st Alice Case On Machine Learning

    The Federal Circuit ruled Friday that applying established machine learning methods to a new area cannot be patented, delving for the first time into the patent eligibility issues concerning the emerging technology in a decision upholding a win for Fox Corp. over TV scheduling patents.

  • April 18, 2025

    Google Pushes For Sanctions In Location Tracking IP Fight

    Google wants a New York federal court to sanction a location tracking patent owner in litigation accusing the search engine giant of infringement, saying he either destroyed or failed to properly preserve key evidence.

  • April 18, 2025

    Off The Bench: Maine Sued Over Trans Ban, NIL Deal Tweaked

    In this week's Off The Bench, the Trump administration takes aim at Maine's policy on transgender athletes, the NCAA's settlement with athletes stands firm on a contentious clause, and a university that displayed a controversial quiz question at a football game settles with the quiz's creator.

  • April 18, 2025

    MLB Players Aim To Strike Out DraftKings NIL Case Appeal

    Major League Baseball players called foul on DraftKings Inc.'s bid for the Third Circuit to decide whether the players' claims that the betting app used photos of them in ads without permission can proceed, arguing that a lower court got it right when it refused to dismiss their claims.

  • April 18, 2025

    4th Circ. Pauses Software TM Trial After Atty Held In Contempt

    The Fourth Circuit has pressed pause on an upcoming trademark trial between rival software companies while the defendant and its counsel at Womble Bond Dickinson appeal a contempt order over misrepresentations they allegedly made in a foreign tribunal.

  • April 18, 2025

    Dykema Adds Trademark Pro From Smith Gambrell In Austin

    Dykema Gossett PLLC has bolstered its trademark practice group with a member in Austin who brings more than a decade of experience as an examining attorney with the U.S. Patent and Trademark Office and who joined the firm from Smith Gambrell & Russell LLP.

Expert Analysis

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • 3 Red Flags To Watch For When Valuing Patent Portfolios

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    As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Protecting Brand Identity In An AI-Driven Marketplace

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    A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How To Ensure Confidentiality When Using AI In Discovery

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    In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

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