Intellectual Property

  • April 22, 2025

    Eminem Publisher Drops Suit Over 'Lose Yourself' Pickup Ads

    Eminem's publisher on Monday agreed to drop a copyright infringement lawsuit alleging a Michigan Ford dealership used the rapper's song "Lose Yourself" in social media advertisements for a limited edition Detroit Lions Ford F-150 pickup without permission.

  • April 22, 2025

    Anticipating NIL Deal, NCAA Changes Athlete Pay Rules

    The NCAA has officially adopted policy changes that will allow college athletes to be paid, to go into effect when the $2.78 billion antitrust settlement between schools and athletes receives final court approval.

  • April 22, 2025

    Lamborghini Stole Steering Wheel Trade Secrets, Suit Says

    An Italian auto racing engineering support company has sued Lamborghini in Texas federal court, accusing the sports car manufacturer of swiping trade secrets related to steering wheel setups in vehicles used to compete in races like the 24 Hours of Le Mans.

  • April 21, 2025

    Google Gets 'Fail-Safe' AI Copyright Class Axed, For Now

    A California federal judge on Monday struck a proposed class definition in a consolidated action brought by artists and authors claiming Google infringed their copyrights to train artificial intelligence models, saying the plaintiffs have proposed an improper "fail-safe" class but may try again with an amended definition.

  • April 21, 2025

    Reexams Get Fresh Look As PTAB Policies Add Uncertainty

    The number of patent challengers requesting ex parte reexaminations has increased in recent years, and the trend may continue as new patent office policies create uncertainty about the ability to secure other types of review. Here's what attorneys should know about the less taken reexam route.

  • April 21, 2025

    Pain Management Co. Says Customers Pilfered Product Ideas

    Chicago-based Pain Management Technologies Inc. said Monday that a group of its former customers stole its nerve flex wrap product ideas and ordered their own knockoffs "as if there are no copyright laws in the United States," according to a suit filed in Ohio federal court.

  • April 21, 2025

    X Loses Bid To Toss Data Scraper's Antitrust Counterclaims

    A California federal judge has largely denied X Corp.'s bid to toss antitrust counterclaims data scraping firm Bright Data Ltd. lodged against the social media platform company, allowing Bright Data to proceed in accusing X of thwarting competition and monopolizing the United States' "public-square data" market.

  • April 21, 2025

    Del. Court Nixes Litigation Support Co. Noncompete Injunction

    Citing in part "overbroad" claims, Delaware's Court of Chancery denied an HKA Global Inc. preliminary injunction bid Monday seeking damages from and restrictions on former employees of the risk mitigation and litigation support company who allegedly jumped to a competitor and then lured away colleagues.

  • April 21, 2025

    PTAB Invalidates Inpria Patent But Allows It To Amend Claims

    The Patent Trial and Appeal Board has invalidated all the challenged claims in an Inpria Corp. patent related to extreme ultraviolet light semiconductor processing, but allowed the company the opportunity to amend its claims.

  • April 21, 2025

    Microchip Co. Wants USPTO To Apply New Rules Retroactively

    A California company behind a new kind of energy-efficient microchip says it's retained a former U.S. Patent and Trademark Office director in order to make the case that the agency's new rules over discretionary denials should be retroactively extended by seven days, in order to wipe out a partially successful patent challenge from a Chinese rival.

  • April 21, 2025

    Houston's NRG Energy Says Miami Cos. Ripped Off Its Name

    A group of Miami-based companies has been accused in Texas federal court of ripping off NRG Energy Inc.'s name.

  • April 21, 2025

    Unions Score Block On Orders To Fire Probationary Workers

    A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.

  • April 21, 2025

    Longtime ITC General Counsel Joins Polsinelli In DC

    Polsinelli PC announced Monday that it has hired the former longtime general counsel of the U.S. International Trade Commission to bolster its practice group that advises clients about ITC rules and procedures.

  • April 21, 2025

    Ozempic Maker, Texas Pharmacy Settle Knockoff Drug Claims

    The manufacturer behind the Ozempic weight loss drug buried the hatchet with a Houston-area pharmacy it accused of selling compounded, non-FDA-approved medications that claim to contain the drug's key ingredient, with the pharmacy agreeing to never again market compounded semaglutide drugs.

  • April 21, 2025

    EFF Tells Fed. Circ. That 6th Circ. Case Aids Bid For IP Docs

    A digital rights nonprofit says that a recent Sixth Circuit revival of a fight for documents in a securities suit against a private prison operator bolsters its own bid at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas.

  • April 21, 2025

    Photog Seeks Instant Replay On Lions' Sanders IP Suit Exit

    A photographer alleging the Detroit Lions modeled a statue of legendary running back Barry Sanders from an infringed photo urged a New York federal judge to reconsider his decision to cut the team from the copyright lawsuit, saying the team's dealings with an Empire State-based entity bring it under the court's jurisdiction.

  • April 21, 2025

    Justices Won't Hear Patent Eligibility Ruling Dispute

    The U.S. Supreme Court on Monday decided to skip a case brought by a company that had lost a patent case against Amazon, declining the challenge asserting that courts routinely issue summary judgment rulings on patent eligibility, even if there are disputes of fact.

  • April 21, 2025

    Justices Pass On Damages Fight In Trading Patent Case

    The U.S. Supreme Court on Monday skipped a case brought by the winner of a $6.6 million patent infringement verdict who has argued that the Federal Circuit wrongly denied its bid to increase those damages after it said it discovered fraud in the proceedings.

  • April 18, 2025

    No Privilege For Litigation Funder In Netflix Case, Judge Says

    A Virginia federal judge said Friday "it is clear" a Finnish executive cannot claim any kind of attorney-client privilege over his relationship with a litigation funder, after his former lawyer was accused of sharing confidential financial information about Netflix Inc. related to a failed patent case against the streaming service.

  • April 18, 2025

    Qualcomm Judge Bemoans 'Inefficiency' In Patent Fights

    A Florida federal judge has scheduled a third hearing on claim construction in a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, while commenting about "the inefficiency of patent litigation."

  • April 18, 2025

    PTAB Judge Heads To Boutique, Citing Return-To-Office Order

    An outgoing Patent Trial and Appeal Board judge based in Austin, Texas, tells Law360 that President Donald Trump's return-to-office order was a "significant factor" in her decision to return to private practice, joining boutique patent firm Smith Baluch LLP as a partner.

  • April 18, 2025

    Stewart Ends IPRs Of Patent Hulu Already Got Axed In Court

    The acting head of the U.S. Patent and Trademark Office has thrown out a pair of Patent Trial and Appeal Board decisions granting Hulu's bids to review a patent on inserting ads in media content.

  • April 18, 2025

    Charter Communications Ends Trade Secrets Suit With Ex-VP

    Charter Communications Inc. has settled a trade secrets lawsuit it brought in Connecticut federal court against a former executive it accused of taking confidential information with him when he left for a job with Metronet, one of its competitors, according to a joint stipulation for dismissal.

  • April 18, 2025

    Fed. Circ. Backs Fox In 1st Alice Case On Machine Learning

    The Federal Circuit ruled Friday that applying established machine learning methods to a new area cannot be patented, delving for the first time into the patent eligibility issues concerning the emerging technology in a decision upholding a win for Fox Corp. over TV scheduling patents.

  • April 18, 2025

    Google Pushes For Sanctions In Location Tracking IP Fight

    Google wants a New York federal court to sanction a location tracking patent owner in litigation accusing the search engine giant of infringement, saying he either destroyed or failed to properly preserve key evidence.

Expert Analysis

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

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    The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • How Courts Weigh Section 1782 Discovery For UPC Cases

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    A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • Unpacking FTC's New Stance On Standard-Essential Patents

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    Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.

  • Unpacking USPTO Foreign Fraudulent Trademark Crackdown

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    The recent show cause order issued by the U.S. Patent and Trademark Office to Shenzhen Seller Growth Network Technology Co. Ltd. and its affiliates could lead to the cancellation of approximately 42,000 trademark registrations, highlighting the necessity of heightened vigilance in vetting foreign trademark filings, says Judy Yen at Omnus Law.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • How Patent Prosecution Length Affects Infringement Findings

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    A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.

  • Takeaways From Gov't Report On AI Copyrightability

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    A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.

  • 3 Red Flags To Watch For When Valuing Patent Portfolios

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    As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

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