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

  • Defamation Law Changes May Be Brewing At Supreme Court

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    The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.

  • Exploring Practical Employer Alternatives To Noncompetes

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    With the Federal Trade Commission likely to appeal a federal court’s recent rejection of its noncompete ban, and more states limiting the enforceability of these agreements, employers should consider back-to-basics methods for protecting their business interests and safeguarding sensitive information, says Brendan Horgan at FordHarrison.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Breaking Down Director Review Timing At The PTAB

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    Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.

  • Calif. Bill, NTIA Report Illustrate Open-Model AI Safety Debate

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    The National Telecommunications and Information Administration’s balanced recommendations for preventing misuse of open artificial intelligence models, contrasted with a more aggressive California bill, demonstrate an evolving regulatory debate about balancing democratic access to this powerful new technology against potential risks to the public, say Stuart Meyer and Fredrick Tsang at Fenwick.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Patent Lessons From 4 Federal Circuit Reversals In July

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    The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Video Game Release Highlights TM Pitfalls Of App Store

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    The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.

  • 5 Credibility Lessons Trial Attys Can Learn From Harris' Run

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    In launching a late-stage campaign for president, Vice President Kamala Harris must seize upon fresh attention from voters to establish, or reestablish, credibility — a challenge that parallels and provides takeaways for trial attorneys, says Ken Broda-Bahm at Persuasion Strategies.

  • Patent Owner Estoppel Questions In The Wake Of SoftView

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    The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.

  • Copyright Termination Opinion Departs From Long-Held Views

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    In Vetter v. Resnik, a federal court recently held for the first time that termination rights under Section 304 of the Copyright Act recapture domestic and foreign rights where the original grant was for "worldwide" rights — misinterpreting a basic principle of international copyright treaties, say Rebecca Benyamin and Eric J. Schwartz at Mitchell Silberberg.

  • 3 Patent Considerations For America's New Quantum Hub

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    Recent developments signal an incredibly bright future for Chicago as the new home of quantum computing, and it is crucial that these innovators — whose technology has the potential to transform many industries — prioritize intellectual property strategy, says Andrew Velzen at McDonnell Boehnen.

  • Fed. Circ. Ruling Creates New Rule For Certification Marks

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    The Federal Circuit's decision last month in Bureau National Interprofessionnel du Cognac v. Cologne & Cognac Entertainment is significant in that it establishes a new standard for assessing evidence of third-party uses of a certification mark in deciding whether the mark is famous, say Samantha Katze and Lisa Rosaya at Manatt.

  • A Preview Of AI Priorities Under The Next President

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    For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

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