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Intellectual Property
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July 03, 2025
Fortnite Creator Accused Of IP Violations For In-Game Comms
The creator of the popular video game Fortnite has been sued by a California company claiming the game's player-to-player messaging options infringe patents it holds related to communications via internet protocols.
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July 03, 2025
Genentech's $122M MS Drug Royalties Case Ends In Mistrial
A California federal judge declared a mistrial Thursday after jurors reached an impasse in Genentech Inc.'s $122 million breach of contract case over patent royalties from sales of Biogen MA Inc.'s multiple sclerosis medicine, telling the parties she's open to Genentech's suggestion that they forgo a jury for the retrial.
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
SPEX To Appeal $553M Patent Verdict That Was Cut To $1
SPEX Technologies Inc. will appeal a federal judge's decision to cut its $553 million verdict against Western Digital for data security patent infringement to $1 along with all other adverse rulings in the case.
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July 03, 2025
50 Cent Faces Uphill Battle To Stop Release Of Horror Film
A California federal judge appeared ready Thursday to reject 50 Cent's efforts to stop the release of a horror film that allegedly uses the rapper's name and likeness without authorization, saying he's "skeptical" of the request and unclear about how the rapper's reputation would be harmed by the film's release.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Medela Can't Escape Trade Dress Claim In Breast Pump Suit
An Illinois federal judge has refused to let Medela escape allegations that it infringed a rival's trade dress in a suit over a silicone breast pump design, but agreed to trim a false advertising claim.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
5th Circ. Won't Revive Singer's TM Claims Against Bandmates
The Fifth Circuit has declined to revive a case between the former members of the R&B group Jade, saying the Lanham Act claims brought by one member aren't supported when they are against co-owners of a trademark.
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July 03, 2025
Qualcomm Limits Access Of Rival's US Attys To UPC Case
The Unified Patent Court upheld on Thursday a lower tribunal's decision to limit how many U.S. attorneys representing Network Systems Technologies LLC can access confidential Qualcomm materials in a trio of European patent infringement disputes.
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July 02, 2025
NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half
The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.
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July 02, 2025
The Biggest Patent Rulings Of 2025: A Midyear Report
A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.
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July 02, 2025
Genentech's $122M IP Fight Against Biogen In Jury's Hands
Genentech Inc. wrapped a California federal trial Wednesday over claims that Biogen MA Inc. wrongly withheld $122 million in royalties for supplies of Biogen's multiple sclerosis drug, reminding jurors that Biogen's own internal projections showed it owing royalty payments in the years after the main patent expired in December 2018.
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July 02, 2025
Judge Revives Supplement Patent Claims Jury Found Invalid
A Delaware federal judge Wednesday allowed HQ Specialty Pharma Corp. to correct an injectable calcium supplement patent it accused Fresenius Kabi of infringing and found the claims were no longer invalid as a result.
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July 02, 2025
Energy Firm Says Tribal Nonprofit Trade Secret Suit Too Vague
An energy infrastructure consulting firm called on an Oregon federal judge to throw out a Native American nonprofit's lawsuit alleging the firm's founder and tribal liaison misappropriated its trade secrets, saying the nonprofit has failed to identify the trade secrets with any particularity.
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July 02, 2025
Vax Maker Ends Appeal After Stewart Halts Patent Ax Sanction
After the acting director of the U.S. Patent and Trademark Office last month undid her predecessor's decision canceling all the claims of five Longhorn Vaccines & Diagnostics LLC patents as a sanction for misconduct, the company dropped its appeal in the case Wednesday.
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July 02, 2025
2nd Circ. Affirms NY Court Can't Nix Swiss Arbitration Loss
The Second Circuit on Wednesday affirmed that an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture cannot be vacated in New York, concluding in a published opinion that the court lacks the power to do so.
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July 02, 2025
Netlist Asks For Toss Of Rival's 'Bad Faith' Claims
Netlist Inc. has asked an Idaho federal judge to dismiss a suit brought by rival Micron Technology Inc. alleging bad faith patent litigation, saying the suit was simply an effort to undo a $445 patent verdict that Netlist won against Micron in Texas federal court last year.
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July 02, 2025
Ex-Employees Of NJ Medical Co. Must Face Trade Secrets Suit
A New Jersey federal judge let a medical communications agency pursue contract and trade secret claims against three former employees it accused of launching a rival firm while still on the payroll, but dismissed all claims against PharmaEssentia and its former executive.
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July 02, 2025
Judge Sanctions Building Makers Over Withheld Evidence
A Tennessee federal judge has sanctioned a group of building manufacturing employees and ordered them to pay their former employers' attorney fees, finding they'd intentionally withheld and spoiled evidence during discovery.
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July 02, 2025
Apple Gets PTAB To Invalidate Authentication Patent Claims
The Patent Trial and Appeal Board has sided with Apple in its challenge to various claims in an authentication patent, finding that the claims were too obvious to warrant patent protection.
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July 02, 2025
PTAB Invalidates Claims Of 2 Trading Platform Patents
The Patent Trial and Appeal Board decided Tuesday that all the claims are invalid in two trading platform patents that Intercurrency Software LLC has accused cryptocurrency exchange Binance and others of infringing.
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July 02, 2025
Ex-Copyright Office Head Fights Gov't Arguments On Firing
The fired leader of the U.S. Copyright Office said that a D.C. federal judge should ignore the Trump administration's arguments that her removal was lawful, saying the government wants the court to "stand idly by."
Expert Analysis
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How BigLaw Executive Orders May Affect Smaller Firms
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.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
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.
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How To Accelerate Your Post-Attorney Career Transition
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.
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5 Key Licensing Considerations For AI Innovations
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.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
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.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
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.
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Protecting Brand Identity In An AI-Driven Marketplace
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.
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Series
Birding Makes Me A Better Lawyer
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.
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Justices May Clarify What IP Competitors In Litigation Can Say
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.
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How To Ensure Confidentiality When Using AI In Discovery
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.
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An Update On IPR Issue Preclusion In District Court Litigation
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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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key
The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.