Intellectual Property

  • March 04, 2025

    New Crowell & Moring Group To Advise On Gov't Procurement

    Crowell & Moring LLP has launched a new governmental consulting group to provide companies with guidance on how to obtain and carry out federal procurements, the firm announced Tuesday.

  • March 04, 2025

    Pretium Clinches $500M Inaugural Legal Opportunities Fund

    New York-headquartered investment firm Pretium, advised by Paul Weiss Rifkind Wharton & Garrison LLP, on Tuesday revealed that it closed its inaugural Legal Opportunities Fund after securing roughly $500 million from investors.

  • March 03, 2025

    Colo. Prospector Didn't Steal Anschutz Oil Secrets, Jury Told

    A Colorado prospector told a Denver state jury on Monday that its $9 million sale of land next to Anschutz-owned oil and gas wells was not the result of stolen well production data, arguing Anschutz Exploration Corp. has no proof the prospector stole secret statistics.

  • March 03, 2025

    Full Fed. Circ. Won't Take On Teva's Orange Book Appeal

    The Federal Circuit on Monday rejected a request for an en banc rehearing from Teva Pharmaceuticals challenging a panel decision finding that the company improperly listed its asthma inhaler patents on a key U.S. Food and Drug Administration database that lists patents for drugs.

  • March 03, 2025

    Knicks And Raptors Set Arbitration Hearing In Data-Theft Suit

    An NBA arbitration hearing is scheduled to take place in July in the New York Knicks' lawsuit against the Toronto Raptors over claims a Knicks video director hired by the Toronto team had acted as a "mole" and provided his new team with proprietary data.

  • March 03, 2025

    Ex-McKool Smith Atty Opts For Reichman Jorgensen In Austin

    Reichman Jorgensen Lehman & Feldberg LLP has hired a former longtime McKool Smith patent litigator to run its office in Austin, Texas. 

  • March 03, 2025

    Nike Says Lululemon Owes $2.8M As Shoe Patent Trial Begins

    Nike opened a $2.8 million trial on Monday by telling a New York federal jury that athletic apparel maker Lululemon was only able to enter the shoe market by infringing Nike footwear manufacturing patents, while Lululemon suggested Nike's suit is aimed at hindering a key rival.

  • March 03, 2025

    Ramey Dodges Fees After Losing Virtual Payment Patent Suit

    A Texas federal judge has thrown out a patent infringement lawsuit against a San Antonio bank after finding "no plausible allegation of infringement of any type," while rejecting a request to make William Ramey III of Ramey LLP, the prolific plaintiffs patent lawyer, pay the bank's legal fees.

  • March 03, 2025

    Teva Should Face Key Copaxone Antitrust Claims, Court Told

    Mylan and pharmaceutical wholesalers should be allowed to proceed with some, but not all, parallel claims accusing Teva of using regulatory deception, false advertising, improper rebates and more to delay generic competition to its Copaxone multiple sclerosis treatment, a special master has recommended in New Jersey federal court.

  • March 03, 2025

    Tobacco, Cannabis Cos. Score Partial Wins In TM Fight

    An Arizona federal court judge has issued a mixed ruling on dueling summary judgment bids in a trademark lawsuit over a tobacco company and a cannabis company's shared use of the word "Raw" in branding.

  • March 03, 2025

    Film Exec Testifies She Felt 'Set Up' By 'Moana' IP Claims

    A movie executive told a California federal jury on Monday that she never shared a distant family member's script with The Walt Disney Co., and that she later felt "set up" and pressured to lie for this relative's copyright suit over the blockbuster animated film "Moana."

  • March 03, 2025

    Sanofi Grilled By Judge Over $1.2M In Amgen Patent Saga

    A federal judge in Delaware has told lawyers for Sanofi to rethink some of a $1.2 million costs bid, pointing to issues he had with the "bells and whistles" in litigation costs the French pharmaceutical giant had proposed after its successful defense of a decade-long patent fight by Amgen over cholesterol medication.

  • March 03, 2025

    VLSI Maintains Intel Doesn't Have A Free License To Its IP

    VLSI Technology has urged U.S. District Judge Alan Albright to reinstate his 2022 decision that Intel Corp. doesn't have a license to its patents, saying no facts impacting a potential license have changed in the interim.

  • March 03, 2025

    Fed. Circ. Tosses Appeal In Card Payment Patent Dispute

    The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.

  • March 03, 2025

    EDTX Eases Sherman Caseload In Assignment Order

    The new top jurist for the Eastern District of Texas, Chief U.S. District Judge Amos L. Mazzant, has issued assignment orders divvying up cases among its judges in the patent hot spot and making adjustments to share the caseload for the district's Sherman Division.

  • March 03, 2025

    Smoothie King Wins $374K Judgment From Ex-Franchisees

    Following a bench trial in Georgia federal court last December, Smoothie King Franchises Inc. won a $374,000 judgment Friday against a company accused of ripping off its products after setting up shop in a former Gwinnett County franchise location.

  • March 03, 2025

    Jones Day Hires Pair Of Weil IP Litigators In California

    Jones Day is expanding its California intellectual property team, announcing Monday that it is bringing in two Weil Gotshal & Manges LLP litigators as partners in the northern part of the state.

  • March 03, 2025

    Blank Rome Expands With IP Litigator From Houston Boutique

    Blank Rome LLP announced Monday that it has bolstered its intellectual property litigation group and technology industry team by hiring a patent litigator who helped launch a Houston-based IP, corporate and business law boutique.

  • March 03, 2025

    Justices Deny Google Foe's Bid For Patent Eligibility Clarity

    The U.S. Supreme Court on Monday rejected a patent owner's appeal arguing that the Federal Circuit has a "broken approach to patent eligibility" and that the justices must clarify the law, in a case where advertising patents asserted against Google were found to cover abstract ideas.

  • March 03, 2025

    High Court Declines Souvenir Store's TM Fraud Case

    The U.S. Supreme Court said Monday it will not consider a Florida souvenir store chain's challenge to a Second Circuit decision shutting down its case that a bankrupt beachwear company fraudulently procured a trademark registration to secure a $3.5 million settlement. 

  • February 28, 2025

    Align Tech Deal Directs Buyers To A Monopolist, Judge Says

    A California federal judge has soundly rejected Align Technologies Inc.'s proposed $27.5 million antitrust settlement with teeth-aligner buyers, slamming Align as a monopolist and saying that the deal "will direct still more customers to the monopolist."

  • February 28, 2025

    PTAB Denial Rules Shaken Up By Fintiv Memo Withdrawal

    The U.S. Patent and Trademark Office on Friday rescinded a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation, which attorneys said gives the board broader discretion on such denials and could lead to more of them.

  • February 28, 2025

    Fed. Circ. Orders Interest Recalculation In Hardware IP Row

    Halo Electronics' nearly two-decades-old dispute with a rival completed its fifth trip to the Federal Circuit, with the appeals court on Friday ordering a Nevada federal court to recalculate the amount of interest Halo could collect on a jury verdict.

  • February 28, 2025

    C Is For Counterfeit: Sesame Street Says Sellers Stealing IP

    Elmo, Cookie Monster and the rest of the "Sesame Street" gang are going after online merchants they say are selling counterfeit products depicting the iconic children's program, telling an Illinois federal court Friday that the unauthorized merchandise is deceiving fans and hurting the nonprofit's reputation and wallet.

  • February 28, 2025

    Judge Denies OpenAI's Bid For Discovery In Meta's IP Fight

    A California federal judge rejected OpenAI's request to see discovery produced in Meta Platforms Inc.'s copyright battle with authors over its artificial intelligence tool, writing Thursday that the "broad swath of information" it requested is not proportional to the company's needs in its own case.

Expert Analysis

  • New Law In NY Places Employee NIL Rights In Spotlight

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    New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.

  • Penn State Brand Case Leaves Ornamentality Unresolved

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    While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

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    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Reviewing 2024's AI Patent And Copyright Developments

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    Attorneys at Rothwell Figg provide highlights on procedural and substantive intellectual property issues pertaining to AI in 2024 from the Copyright Office and U.S. Patent and Trademark Office, followed by what to expect in 2025.

  • Trump, Tariffs And Tech: The Right To Repair In 2025

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    The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.

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