Intellectual Property

  • April 08, 2025

    Charles Schwab, Comerica & More Hit With EDTX Patent Suits

    At least eight banks and financial institutions were caught up in a wave of patent lawsuits filed Tuesday in the Eastern District of Texas over technology covering a way of securing payment systems from data breaches.

  • April 08, 2025

    Ex-Google Engineer Unlikely To Beat AI Trade Secrets Charges

    A California federal judge indicated Tuesday that he's unlikely to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to benefit startups in China, but said he "can't shake the feeling" that prosecutors wouldn't have brought the case if it involved a different country.

  • April 08, 2025

    Patent Challenges By Dell, SAP Sunk By Upcoming Trials

    The Patent Trial and Appeal Board has refused to review several patents challenged in inter partes review petitions filed by Dell, SAP America and others, citing upcoming infringement trials in Texas.

  • April 08, 2025

    ITC Won't Rethink NJOY Loss In Vape Patent Case

    The U.S. International Trade Commission on Tuesday refused to undo part of a finding that Altria's NJOY brand vaping products infringed a patent owned by rival Juul, leaving fully in place a ban on imports of infringing products.

  • April 08, 2025

    Patent Attys Challenge Sanctions In Renesas Litigation

    Texas intellectual property lawyer William Ramey III and two other attorneys have pushed back against a California magistrate judge's sanctions against them in patent litigation, saying that the parties never gave the judge the ability to issue sanctions and that a written rebuke would be better.

  • April 08, 2025

    ArentFox Schiff Loses Rolling Stones IP Atty To Barton

    Music rights heavyweight Ross Charap is moving from his longtime perch at ArentFox Schiff LLP to Barton LLP, bringing with him clients like The Rolling Stones and the estate of international opera star Jessye Norman.

  • April 08, 2025

    Houston Atty Asks Court To Back $6.3M Verdict Against Rival

    A Houston attorney urged a Texas appellate court Monday to back a $6 million verdict against a rival lawyer he accused of stealing his files in an attempt to recruit clients to file malpractice suits.

  • April 08, 2025

    Nokia Says Hisense TVs Rip Off Its Video Tech

    Chinese consumer technology firm Hisense was slapped with a patent infringement lawsuit from Nokia Technologies, alleging it sold millions of products that infringe Nokia's video processing innovations while refusing to negotiate a standard licensing agreement.

  • April 08, 2025

    Small But Sharp Hurdles Remain To NCAA's NIL Settlement

    Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.

  • April 08, 2025

    Warner Bros. Wants Rights Protected In Film Co. Ch. 11 Sale

    Warner Bros. has objected to the proposed Chapter 11 bidding procedures and debtor-in-possession financing of bankrupt Village Roadshow, asking the court to protect its rights to more than 90 films the parties co-produced and keep its cut of the proceeds ahead of other creditors.

  • April 08, 2025

    Fed. Circ. Considers Sandoz's Bid To Undo $39M Patent Loss

    The Federal Circuit on Tuesday grappled with Sandoz's challenge to a $39 million verdict against it in Allergan's eyelash growth drug patent infringement case, with one judge questioning the generic-drug maker's argument that a decade-old decision involving a similar patent forestalls the current case.

  • April 08, 2025

    Pacira Reaches IP Deal Allowing Generic Painkiller In 2030

    Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.

  • April 08, 2025

    Judge Preserves Psilocybin Trade Secrets Theft Suit

    A Maryland federal judge has denied a British healthcare company's bid to dismiss a lawsuit alleging it stole trade secrets relating to a novel method of treating depression with psilocybin, the active ingredient in psychoactive mushrooms.

  • April 08, 2025

    Birkenstock IP Foe Eyes Settlement As Shoemaker Balks

    A Massachusetts-based shoemaker locked in an intellectual property battle with Birkenstock asked a federal judge on Tuesday to deny the sandal-making giant's request to push back a scheduled mediation, saying the case is ripe for settlement talks.

  • April 08, 2025

    Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use

    A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.

  • April 08, 2025

    Alston & Bird Adds Littler IP Litigator In San Francisco

    Alston & Bird LLP is growing its intellectual property team, announcing Tuesday it is bringing in a Littler Mendelson PC litigator as a partner in its San Francisco office.

  • April 08, 2025

    Fed. Circ. Affirms Alkem's Generic Antibiotic Not Barred By IP

    A Delaware federal court rightly found that Alkem Laboratories' generic version of Azurity Pharmaceuticals' antibiotic Firvanq doesn't infringe the latter's patent, the Federal Circuit said Tuesday.

  • April 08, 2025

    Freight Co. XPO Sues Ex-Executive Who Left For Nearby Rival

    Less-than-truckload transportation company XPO Inc. has accused a former local account executive of breaking a noncompete agreement after he left his job at its Cincinnati service center to work at a competitor only a six-minute drive away.

  • April 07, 2025

    NCAA's $2.8B NIL Deal Sent Back For 'Fixes' Amid Objections

    A California federal judge declined Monday to immediately approve the National Collegiate Athletic Association's $2.78 billion name, image and likeness deal, giving counsel a week to propose "fixes" that address objections raised by some athletes, including ex-Seattle Seahawks linebacker Benjamin Burr-Kirven and gymnast and social media influencer Olivia Dunne.

  • April 07, 2025

    X Tells Dallas Jury VidStream Can't Win $632M In Video IP Row

    X told a Dallas jury it worked hard to create video sharing systems that have "fundamental" differences to the technology VidStream claims the social platform pilfered in a near decade-long intellectual property lawsuit, asking the jury to deny VidStream's request for $632 million in damages.

  • April 07, 2025

    Sept. Trial Dashes Apple's PTAB Hopes In Fight With Haptic

    An administrative patent board has rejected Apple's pair of patent challenges directed at "tap gesture" technology, with judges there swayed — at least in part — by comments from a California federal judge on a looming trial date in the litigation that is set for late September. 

  • April 07, 2025

    USAA Wants Full Fed. Circ. To Hear PNC's Patent Board Wins

    A San Antonio-based bank that lost two of its patents covering technology used to deposit checks through smartphones — including one tied to a $218 million jury verdict against PNC Bank — is arguing that a Federal Circuit panel has allowed the patent board "to escape its obligation to explain itself."

  • April 07, 2025

    Bakery Oil Trial Begins With Split Over Formulas' Secrecy

    Pittsburgh commercial bakery supplier Mallet & Co. told a federal jury Monday that a partner-turned-rival enticed former employees to help it start a competing business, Synova, in the field of release agents, or the oils and lubricants that keep baked goods from sticking to their pans.

  • April 07, 2025

    VLSI Argues Fintiv Memo Withdrawal Enhances PTAB Appeal

    The U.S. Patent and Trademark Office's recent decision to withdraw guidance on its discretionary denial policy means the Federal Circuit should revive a VLSI Technology chip patent reviewed explicitly based on that policy, the patent owner said Friday.

  • April 07, 2025

    Realtor.com Parent Drops Trade Secrets Suit Against CoStar

    Realtor.com's parent company, Move Inc., agreed on Monday to end trade secret litigation it had lodged against rival CoStar Group Inc. and one of Realtor.com's former employees, who it alleged stole confidential trade secrets and used them after joining CoStar. 

Expert Analysis

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • 5 Key Licensing Considerations For AI Innovations

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    As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Protecting Brand Identity In An AI-Driven Marketplace

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    A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How To Ensure Confidentiality When Using AI In Discovery

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    In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • In-House Expert Testimony Is Tricky, But Worth Considering

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    Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Tracking Changes To AI Evidence Under Federal Rules

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    As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

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