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Intellectual Property
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July 01, 2025
$70M Verdict Boosts TriZetto's Trade Secrets Award To $370M
A New York federal jury has concluded that the TriZetto Group, a healthcare software company, is entitled to nearly $70 million in compensatory damages due to Syntel Inc.'s copyright infringement and trade secret theft, bringing the total award for TriZetto to $370 million following a damages retrial.
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July 01, 2025
Apple Hit With $111M Patent Verdict In Delaware
A Delaware federal jury has found that Apple owes more than $110.7 million for infringing a Spanish company's wireless communications systems patent with the tech giant's products, including mobile phones and tablets.
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July 01, 2025
Axing Lit Funding Tax Bid Relieves Industry But Fears Remain
Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.
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July 01, 2025
Weil Patent Pro Jumps To WilmerHale In Silicon Valley
WilmerHale is expanding its intellectual property team, announcing Tuesday that it is bringing on a longtime Weil Gotshal & Manges LLP patent expert as a partner in its Silicon Valley office.
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July 01, 2025
Fantasy Sports Site Drops IP Suit Against DraftKings Director
Fantasy sports platform PrizePicks has agreed to drop a trade secret suit accusing its former social media director of using his personal ChatGPT account to smuggle out company secrets when he took a new position at DraftKings.
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July 01, 2025
1st Female Harlem Globetrotter Sues Team Over Apparel Sales
Lynette Woodard, the first woman to ever play for the Harlem Globetrotters, has sued the famed exhibition basketball team over sales of merchandise bearing her name, telling a New York federal court that the club sold the goods without her permission and without compensating her.
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July 01, 2025
Judge OKs Perplexity 'Comet' Browser Launch Amid TM Fight
Perplexity AI can go forward with launching a search engine called "Comet" amid a trademark infringement challenge by Comet ML Inc., but the artificial intelligence giant can't encroach on the other company's market territory, a California federal judge said Monday.
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July 01, 2025
Pool Co. Can Sell Off Inventory On Amazon Despite Sales Ban
A bankrupt swimming pool equipment company can sell off its remaining inventory on Amazon notwithstanding a contempt order that largely bans its Chinese parent company from selling products in the United States, a North Carolina federal judge has ruled.
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July 01, 2025
Gilstrap Slams Carmakers And Patent Owner But Allows Stay
U.S. District Judge Rodney Gilstrap chided two automakers and a company suing over alleged patent infringement for what he said was strategic wasting of the court's resources in the timing of a request to pause the case, but still granted the motion.
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July 01, 2025
Groups Urge Fed. Circ. To Stop USPTO Retroactive Denials
Advocacy groups in the communications, automotive and technology fields have thrown their support behind Motorola's challenge of the U.S. Patent and Trademark Office's decision to retroactively apply a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges.
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July 01, 2025
Fed. Circ. Won't Revisit Jepson Claim Ruling In Xencor IP Case
The Federal Circuit won't rethink the U.S. Patent and Trademark Office's decision rejecting Xencor's application for an antibody patent that used the so-called Jepson claim format.
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June 30, 2025
Fed. Circ. Faults PTAB Ax Of Patent On Bausch Eye Drops
The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly invalidated all the claims of a patent that Bausch & Lomb licenses for its Lumify eye drops, saying the board used an incorrect claim construction when siding with generics maker Slayback Pharma.
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June 30, 2025
Allergan Botox Patent Fight Headed To July Trial In Del.
Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.
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June 30, 2025
Genentech Says Biogen Owes $122M Royalties As Trial Opens
Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.
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June 30, 2025
Deja Vu? MGA, T.I. Appear Headed For 4th OMG Doll Trial
Clifford "T.I." Harris and Tameka "Tiny" Harris may be headed toward a fourth trial against MGA Entertainment Inc. after a California federal judge indicated Monday he might toss a jury's $53.6 million punitive damages award finding the toy giant willfully infringed the OMG Girlz pop group's trade dress.
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June 30, 2025
Tillis, Senate IP Leader, Announces Retirement
The U.S. Senate's leader on intellectual property issues, Sen. Thom Tillis, R-N.C., has announced his retirement shortly after coming out against the Republicans' spending bill, with blowback from President Donald Trump.
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June 30, 2025
Supreme Court May Shape Future Of ISP Liability In Cox Case
The U.S. Supreme Court's decision Monday to take on a $1 billion battle between major music publishers and Cox Communications Inc. could set new liability boundaries for internet service providers that have faced significant damages for allegedly not curbing users who repeatedly download songs illegally.
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June 30, 2025
NRA Pushes To Move Florida Lobbyist's Suit To Virginia Court
The National Rifle Association has asked a Florida federal court to transfer its former longtime lobbyist's lawsuit alleging wrongful use of her image out of state, arguing that she previously agreed to bring any legal actions involving the parties to courts in Virginia.
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June 30, 2025
Fed. Circ. Affirms Mixed PTAB Rulings On Computing IP
The Federal Circuit on Monday backed the Patent Trial and Appeal Board's finding that Amazon was able to show a Swarm Technology computer processing patent was invalid but refused to throw out a separate patent.
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June 30, 2025
Suit Over TV Money Resumes With NCAA's NIL Deal In Place
An antitrust class action that former college athletes have brought demanding a larger share of television revenues from the NCAA is back on, after it was paused in October pending the final approval of a $2.78 billion name, image and likeness settlement between the league and players.
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June 30, 2025
Xockets Sues Amazon, Claiming Data Patent Infringement
Tech startup Xockets Inc. on Monday hit Amazon.com Inc. and Amazon Web Services Inc. with two lawsuits in Texas federal court, claiming infringement of its data processing unit patents that it said are central to advancing artificial intelligence technology.
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June 30, 2025
Anthem, Blue Cross Sue Ga. Co. Over Alleged Insurance Scam
A Georgia healthcare analytics company has been hit with a lawsuit from Blue Cross Blue Shield and Anthem Insurance Cos. accusing the company of infringing the health insurance giants' trademarks by offering bogus policies that have no affiliation with any actually existing plan.
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June 30, 2025
Meta Dodges Authors' DMCA Claim In AI Suit
A California federal judge has granted Meta's request to throw out a Digital Millennium Copyright Act claim in a lawsuit that authors brought to challenge the company's use of their books to train a large language model.
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June 30, 2025
Fed. Circ. Won't Revive Beverage Can Patent Claims
The Federal Circuit on Monday sided with an Ohio federal judge's finding that claims in a pair of Crown Packaging Technology Inc.'s metal beverage can construction patents were invalid, handing a win to competitor Ball Metal.
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June 30, 2025
Justices Won't Eye Claim Fed. Circ. Revived Waived Argument
The U.S. Supreme Court on Monday turned down an appeal from a doctor who argued that the Federal Circuit wrongly upheld the rejection of his application for a patent on a COVID-19 treatment by reviving arguments that he claimed the patent office had waived.
Expert Analysis
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Key Issues To Watch As USPTO Changes Abound
As 2025 continues to unfold, changes at the U.S. Patent and Trademark Office — including new leadership, operational reforms, legislative initiatives and AI-related policies — have potential to influence proceedings, including efforts to prosecute patents and adversarial proceedings before the Patent Trial and Appeal Board, say attorneys at Morgan Lewis.
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Trending At The PTAB: A Pivot On Discretionary Denials
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Patent Drafting Pointers From Fed. Circ. COVID Test Ruling
The Federal Circuit's recent decision in DNA Genotek v. Spectrum Solutions provides several best practice pointers for drafting and prosecuting patent applications, highlighting how nuances in wording can potentially limit the scope of claims or otherwise affect claim constructions, says Irah Donner at Manatt.
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Opinion
Congress Must Reform The PTAB To Protect Small Innovators
Lawmakers must reintroduce the Promoting and Respecting Economically Vital American Innovation Leadership Act or similar legislation to prevent larger companies from leveraging the Patent Trial and Appeal Board to target smaller patent holders, says Schwegman Lundberg's Russell Slifer, former deputy director of the U.S. Patent and Trademark Office.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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The New Playbook For Managing Athlete-Controlled IP
Comparing Luka Dončić's and Lebron James' approaches to establishing and managing their brands highlights a shift toward athlete-controlled IP and some lessons on how players and teams can collaborate to capitalize on athletes' star power, say attorneys at Debevoise.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.