Intellectual Property

  • February 24, 2025

    Justices Told Illinois High Court Should Weigh Tire IP Dispute

    Atturo Tire Corp. has asked the U.S. Supreme Court to have the top court in Illinois address whether the Federal Circuit wrongly discarded a $10 million award against Toyo Tire Corp. for interfering with Atturo's business through patent settlements with other companies.

  • February 24, 2025

    'Yellowjackets' Makers Omit Overlaps With Film, Court Told

    Showtime, Lions Gate Entertainment Corp. and the makers of the TV show "Yellowjackets" use "self-serving descriptions" and "omit similarities" between the show and the 2015 film "Eden" in their bid to toss a suit alleging the hit series ripped off the movie, the filmmakers told a California federal court judge on Monday.

  • February 24, 2025

    DC Circ. To Hear Judge Newman's Appeal In April

    The D.C. Circuit has set a date in April to hear an appeal from Federal Circuit Judge Pauline Newman, who is fighting her suspension from the bench for refusing to undergo medical tests.

  • February 24, 2025

    Bezos Satellite Co. Seeks To Block His Paper In Docs Dispute

    A satellite facility launched by Jeff Bezos' Amazon wants a preliminary injunction to partially block Washington state's labor department from releasing records to the Bezos-owned Washington Post, arguing that the photos and documents are exempt under the state's public records law because they would expose sensitive trade secrets.

  • February 24, 2025

    Charter Communications Keeps Trade Secrets Suit In Conn.

    A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.

  • February 24, 2025

    USPTO Trademark Head, Ex-Solicitor To Depart This Week

    Two more senior leaders are leaving the U.S. Patent and Trademark Office — the current commissioner for trademarks, who is concluding his five-year term, and a longtime agency attorney who said he's departing as part of President Donald Trump's federal worker "deferred resignation" program. 

  • February 24, 2025

    Tax Software Co. Says Rival Is The Real Trade Secrets Thief

    Corporate-focused tax preparation software company Avalara, accused by Vertex Inc. of poaching workers to steal trade secrets, has asked to file counterclaims, arguing Vertex has actually done the illegal poaching.

  • February 24, 2025

    Placement Co. Hit With False Ads Suit Over Referral Model

    A company that places senior citizens in retirement homes was hit with proposed class claims alleging it falsely advertises free services and steers business away from communities that decline to participate in its "pay-to-play" business model. 

  • February 24, 2025

    Fed. Circ. Revives Irish Food Biz Kerry's Meat-Curing Patent

    Irish food flavoring business Kerry Group persuaded the Federal Circuit on Monday to order administrative patent board judges to take another look at a patent the company owns covering a purportedly new way to prepare cured meats.

  • February 24, 2025

    Filmmaker Seeks New IP Trial Against Shyamalan, Others

    A filmmaker has asked for a new copyright infringement trial against writer-director M. Night Shyamalan and his co-defendants Friday after a jury found that they did not have access to the film she claimed they infringed, arguing that the court failed to answer a crucial question from the jury before the verdict was delivered.

  • February 24, 2025

    Netflix Sinks Robocast Playlist Patents In Del. IP Suit

    A Delaware federal judge has sided with Netflix's arguments that a trio of Robocast patents covering playlist technology are invalid.

  • February 24, 2025

    Venable Litigator Jumps To Steptoe In California

    Steptoe LLP continues growing its West Coast team, announcing Monday it is bringing in a Venable LLP commercial trial lawyer as a partner in its Los Angeles and San Francisco offices.

  • February 24, 2025

    Supreme Court Skips Fee-Shifting, IP Web Scraping Questions

    The U.S. Supreme Court on Monday rejected petitions involving fee-shifting in copyright cases, whether judges or juries should decide what can be copyrighted, and if scraping public information online should be considered hacking under the Defend Trade Secrets Act when it is done by a computer.

  • February 24, 2025

    High Court Declines To Review Reach Of Trade Secrets Law

    The U.S. Supreme Court on Monday turned down a petition from a Chinese company asking it to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.

  • February 24, 2025

    Justices Nix Whistleblower Suit Over Arbitral Vacatur Limits

    The U.S. Supreme Court on Monday declined to review a petition that raised questions about the standards under which courts can vacate or enforce arbitral awards, in a case brought by a whistleblower who sought to challenge an arbitral award favoring his former employer.

  • February 24, 2025

    Justices Won't Review Overturned Slicer Patent Verdict

    The U.S. Supreme Court on Monday rejected Provisur Technologies Inc.'s appeal arguing that its right to a jury trial was violated when the Federal Circuit overturned a jury verdict that Weber Inc. willfully infringed its food slicer patents in a $10.5 million case.

  • February 24, 2025

    High Court Rejects Dish's Bid For Atty Fees For PTAB Work

    The U.S. Supreme Court on Monday turned down Dish Network's appeal arguing that, after being cleared in a patent infringement case, it was entitled to attorney fees for its successful Patent Trial and Appeal Board challenge, and from the plaintiff's attorneys.

  • February 24, 2025

    Paul Hastings Adds Boston Co-Chair For New Tech Practice

    The former global vice chair of Latham & Watkins LLP's data and technology transactions practice has moved to Paul Hastings LLP as co-chair of its newly established technology transactions practice, the latter firm announced Monday.

  • February 21, 2025

    Pepperdine Says Netflix, WB Series Rips Off 'Waves' Athletics

    Netflix and Warner Bros. Entertainment ripped off Pepperdine University's intellectual property, including the colors and branding of its basketball team, to create their forthcoming comedy series "Running Point" and create a false sense of affiliation, the university alleges in a trademark infringement lawsuit filed Thursday in California federal court.

  • February 21, 2025

    Shkreli Avoids Sanctions Over 'Frustrating' Wu-Tang Tangle

    Convicted former pharmaceutical executive Martin Shkreli won't have to pay sanctions after purportedly dragging his feet for nearly six months on complying with court orders to hand over copies of a Wu-Tang Clan album to the crypto project that bought it from him.

  • February 21, 2025

    ITC To Review Hoverboard Maker's Patent Case

    The U.S. International Trade Commission is going to look into the latest patent complaint from the inventor of a self-balancing hoverboard who is targeting rival products from China.

  • February 21, 2025

    Microsoft Says Encryption Suit Misunderstands Its Tech

    Microsoft says there's no longer any need for it to face a patent lawsuit over email encryption, telling a Washington federal court that it has become clear that its software "does not work" the way the plaintiff says it does.

  • February 21, 2025

    Trade Secrets Dispute Between Cell Tower Cos. Stays Alive

    A Pennsylvania federal judge on Thursday narrowed a lawsuit between rival cell tower companies over the use of pricing information, dismissing trade secret claims stemming from leases that lacked confidentiality or nondisclosure provisions.

  • February 21, 2025

    Whirlpool Seeks More Damages And Fees After $27M TM Win

    Michigan-based appliance company Whirlpool Corp. has requested enhanced damages and attorney fees after a Texas federal jury found last month that Chinese company Shenzhen Sanlida Electrical Technology Co. Ltd. owed Whirlpool $27 million for willfully infringing and diluting the trademark for its iconic KitchenAid stand mixers.

  • February 21, 2025

    MSN Calls Novartis' Entresto Delisting Protest 'Disingenuous'

    Novartis' claim that there's no rush to decide whether a patent covering its blockbuster cardiovascular drug Entresto should be removed from a key drug database is "disingenuous and a complete about-face," MSN Pharmaceuticals has told a Delaware federal judge.  

Expert Analysis

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights

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    A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.

  • OpenAI's Patent Pledge Is Not All It Seems

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    A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • 8 Tech Tips For Stress-Free Remote Depositions

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    Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.

  • How AstraZeneca Ruling Could Change Dosage Patent Claims

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    If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

  • Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts

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    Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.

  • Failed W.Va. Patent Challenge Reveals Secret Prior Art's Risks

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    A West Virginia federal court's recent ruling — that references used by a patent challenger to establish an ordinarily skilled artisan's existing knowledge must be published before a patent's filing — may discourage claim construction challenges based on secret prior art and steer drafters away from externally defined terms, says Brianna Potter at Baker Botts.

  • 4 Ways Attorneys Can Emotionally Prepare For Trial

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    In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • TM Suit Over Google AI Name Points To New Branding Issues

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    Gemini Data’s recent lawsuit in California federal court alleging Google’s rebranded artificial intelligence chatbot stole its name may have broader implications for the scope of trademark rights for AI-related products and highlights that an evolving marketplace may force companies to recalibrate how they protect their brands, say attorneys at ArentFox Schiff.

  • Presidential Campaign Errors Provide Lessons For Trial Attys

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    Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.

  • How Patent Landscape Analysis Drives Business Growth

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    Keegan Caldwell at Caldwell Law explores how patent landscape analysis serves as a key driver of sustainable growth — examining how its components, strategic advantages and implementation best practices are reshaping innovation leadership.

  • Marching In On Orange Book Drugs May Have Limited Effect

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    Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.

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