Intellectual Property

  • February 04, 2025

    OpenSky Defends Patent Challenge After Verdict Against Intel

    A company found using the patent review process to try to extort money from VLSI Technology LLC and Intel Corp. after a $2.18 billion jury verdict against the chipmaking giant is arguing it shouldn't have to pay legal fees, saying its efforts to revive a meritorious patent challenge is simply part of a "potentially profitable business model."

  • February 04, 2025

    Google Gets OkCaller's 'Incoherent' Antitrust Claims Tossed

    A Florida federal judge on Tuesday tossed for good antitrust claims from the company behind reverse phone number lookup website OkCaller.com, saying the newly amended suit does not rectify the previous problems, or if it does, the court cannot decipher the "incoherent" arguments. 

  • February 04, 2025

    Fed. Circ. Grapples With Extensions On Reissued Patents

    The Federal Circuit is set to decide when a reissued patent actually expires after fielding arguments Tuesday morning from Merck and the generic-drug makers who are trying to break the pharmaceutical giant's hold on a blockbuster drug that counteracts the effects of anesthesia.

  • February 04, 2025

    Liberated Brands Gets OK To Tap $25M In Ch. 11 Financing

    A Delaware bankruptcy judge on Tuesday agreed to give interim approval for outdoors and athletic clothing retailer Liberated Brands LLC to access $25 million of its $35 million debtor-in-possession financing.

  • February 04, 2025

    Lawmakers Hit Replay On Bill For Singers' Radio Royalties

    Lawmakers in Congress have reintroduced legislation that would require radio broadcasters to pay artists when playing their music, a measure that would address what the recording industry has called a legal loophole in which songwriters and publishers get paid — but not performers and labels — when radio stations play their music.

  • February 04, 2025

    Don't Let Trump's Changes Touch Patent Office, IP Attys Urge

    U.S. President Donald Trump's executive order shake-ups have drawn the ire of intellectual property lawyers, who are complaining about how the prospect of mass resignations of federal workers, a hiring freeze and the end of telework policies will impact their work in front of the U.S. Patent and Trademark Office.

  • February 04, 2025

    Auto Cos., Mass. AG Make Final Case In 'Right To Repair' Fight

    The stagnated four-year battle over a Massachusetts law requiring vehicle manufacturers to provide open access to vehicle telematics software saw its final salvos Tuesday as attorneys for an automotive industry group and the state clashed over the merits of the federal preemption case.

  • February 04, 2025

    VedderPrice Eyes West Coast IP Growth With DLA Piper Hire

    VedderPrice said Tuesday that it has hired a former partner at DLA Piper's Silicon Valley office to help grow its intellectual property offerings on the West Coast, touting his experience in the technology sector.

  • February 04, 2025

    MGA Must Pay $71M For Copying OMG Girlz Dolls, Judge Rules

    A California federal judge has affirmed a $71.4 million verdict against MGA Entertainment after jurors last year found a line of dolls from the toymaker infringed the trade dress and publicity rights of the OMG Girlz pop group owned by hip-hop moguls Clifford "T.I." and Tameka "Tiny" Harris.

  • February 04, 2025

    Music Group Criticizes Spotify Podcasts For Unlicensed Uses

    The National Music Publishers' Association, which represents U.S. music publishers and songwriters, said Tuesday that it would begin sending removal notices for thousands of unlicensed uses of its members' works in podcasts on Spotify.

  • February 04, 2025

    Delta Accused Of Copyright Infringement For Software Use

    Delta Air Lines is facing a copyright infringement lawsuit in Georgia federal court for allegedly authorizing Broadcom-owned software development company CA Technologies' DX NetOps software to be used on nearly 15,000 more devices than permitted under their licensing agreement.

  • February 04, 2025

    InterDigital Targets Disney+, Hulu, ESPN+ In Patent Claim

    InterDigital Inc. said Monday that it has filed patent infringement claims against The Walt Disney Co. in several jurisdictions, alleging that the entertainment giant is using its video technology without a license.

  • February 03, 2025

    Gilstrap Tells Patent Atty To 'Relearn The Fundamentals'

    U.S. District Judge Rodney Gilstrap has decided that a "public admonition" is a more appropriate punishment than legal fines for a lawyer whose client was called a "patent troll" by opponents, ordering the attorney to "relearn the fundamentals of the Federal Rules of Civil Procedure."

  • February 03, 2025

    Apple Seeks Bench Trial Win In Masimo's Trade Secret Suit

    Apple Inc. urged a California federal judge Monday to issue a bench trial ruling that it didn't steal Masimo Corp.'s pulse oximetry technology for its smartwatches, arguing no actual trade secrets were at issue and that it used its own independently developed innovations to create the blockbuster product.

  • February 03, 2025

    PTAB Must Rethink 3G Sisvel Ruling, Fed. Circ. Says

    The Federal Circuit said Monday an administrative patent board fumbled when failing to read technical language correctly in a 3G patent owned by European patent-licensing company Sisvel.

  • February 03, 2025

    Artist Fights Lego's Bid To Toss Suit Over 'Queer Eye' Jacket

    A New York leather jacket designer who claims that Lego ripped off his work after it appeared on the Netflix show "Queer Eye" has urged a Connecticut federal judge to deny the toy company's bid to toss his case, saying the jacket used in a Lego play set "is not just fabric and paint; it's an original expression."

  • February 03, 2025

    Fed. Circ. Questions Mitek's Fears Of USAA Check Patent Suit

    A Federal Circuit panel appeared skeptical of banking software company Mitek Systems Inc.'s effort to revive a suit seeking a declaration that it is not infringing check deposit patents United Services Automobile Association has won millions from suing over, suggesting Monday it seems like Mitek won't also be sued.

  • February 03, 2025

    9th Circ. Revives Church's Copyright Feud With Ex-Member

    A Ninth Circuit panel on Monday gave new life to a copyright dispute between a Washington religious group and a former member who said he had the legal right to use the spiritual teachings of the group's founder, with an opinion noting the case's "strange bedfellow" mix of intellectual property law, estate law and religious writings.

  • February 03, 2025

    USAA Fails To Flip PTAB Loss In $218M EDTX Case

    Federal Circuit judges decided Monday to affirm an administrative board's rulings that wiped out claims in two patents, including one that is tied to a $218.45 million jury verdict leveled against PNC Bank in a patent case in the Eastern District of Texas.

  • February 03, 2025

    DC Circ. Rejects Newman's Bid To Unseal Suspension Docs

    The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.

  • February 03, 2025

    GPS Maker Settles Patent Suit Over Car Tracker Technology

    A Texas company has dropped its claims that GPS tracking device maker Linxup LLC infringed its patent on a device that can monitor a car's operations data, according to a dismissal notice filed in North Carolina federal court.

  • February 03, 2025

    K&L Gates IP Pro Jumps To BakerHostetler's DC Office

    An attorney specializing in trademark and copyright matters has moved his practice to BakerHostetler's Washington, D.C., office after 11 years with K&L Gates LLP.

  • February 03, 2025

    NCAA Hit With New Suits As NIL Settlement Trudges Ahead

    At least 100 current and former college athletes filed a fresh round of lawsuits against the NCAA over its compensation restrictions as critics continue to pillory a proposed $2.78 billion class action settlement aimed at quelling many of the same concerns.

  • February 03, 2025

    Liberated Brands Files Ch. 11 After Losing Clothing Licenses

    Liberated Brands LLC, a retail company that sells clothes for brands like Volcom, RVCA and Billabong, filed for bankruptcy in Delaware with $226 million in debt to wind down and sell its operations after a retail lull pinched its liquidity and led a third-party brand owner to pull out of key license agreements.

  • February 03, 2025

    Paul Hastings Taps Ex-Fried Frank AI Expert For New Practice

    Paul Hastings announced Monday the hiring of a former partner at Fried Frank to lead its new technology transactions practice out of New York.

Expert Analysis

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • Fed. Circ. Inherency Ruling Refines Obviousness Framework

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    The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • And Now A Word From The Panel: How MDLs Fared In 2024

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    A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.

  • What Public View Of CEO's Killing Means For Corporate Trials

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    Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.

  • Private-Bidding Compliance Lessons From Siemens Plea Deal

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    Siemens Energy’s recent wire fraud conspiracy guilty plea shows that U.S. prosecutors are willing and able to police the private, domestic bidding market to protect the integrity of the competitive marketplace, and companies will need a robust compliance program to mitigate these risks, say attorneys at Foley Hoag.

  • Lessons From The Pharma Industry On Patent Cliffs

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    In the next five years, patents for drugs that have generated billions in global sales are set to expire, and companies that view this imminent patent cliff as an opportunity for strategic renewal rather than a challenge will be best positioned to maintain market leadership, says Keegan Caldwell at Caldwell Law.

  • FTC Report On AI Sector Illuminates Future Enforcement

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    The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.

  • Artfully Conceding Liability Can Offer Defendants 3 Benefits

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    In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.

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