Intellectual Property

  • February 20, 2025

    Meta, Roku, Samsung Fail In Attempt To Invalidate Ad Patent

    Meta Platforms, Roku Inc. and Samsung Electronics Co. Ltd. have lost a challenge at the Patent Trial and Appeal Board against claims in a patent that covers a way of targeting ads based on online activity.

  • February 20, 2025

    Generic-Drug Group Rallies Behind Appeal In Entresto Fight

    A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely."

  • February 20, 2025

    3rd Circ. Rejects Appeal In Dog Magnet Design Spat

    The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.

  • February 20, 2025

    Amid Shake-Ups, USPTO Gets New Acting Deputy Director

    The U.S. Patent and Trademark Office has a new acting deputy director, with former chief adviser Will Covey taking over the role at a tumultuous time for the agency and federal government at large.

  • February 20, 2025

    X, Social Media Biz Settle TM Fight

    A social media and public relations firm's trademark suit against X Corp. over the social media platform's logo has come to an end after the parties told a California federal judge that they have agreed to drop all claims and counterclaims, avoiding a jury trial set to begin in December.

  • February 20, 2025

    Fed. Circ. Backs TTAB's Denial Of Health Co.'s Proposed TM

    The Trademark Trial and Appeal Board correctly denied a healthcare management company's bid to register "Formularyhub" because it's a descriptive term, the Federal Circuit said Thursday.

  • February 20, 2025

    Textbook Authors Seek Final OK Of $20M Royalties Deal

    A class of authors asked a New York federal judge Wednesday to give his final blessing to a $20 million settlement resolving their claims that an educational content company broke its publishing agreement by underpaying promised royalties, calling the deal "an excellent result under any metric."

  • February 20, 2025

    The Intercept's IP Claim Against OpenAI Holds Up, Judge Says

    A New York federal judge said Thursday that the only plausible allegation in The Intercept's lawsuit accusing Microsoft and OpenAI of removing copyright information from works used to train ChatGPT is over "regurgitations" of articles produced in the OpenAI-owned chatbot's outputs.

  • February 20, 2025

    Google Argues $20M Verdict Is Tied To 'Unverifiable' Testimony

    Google is defending its challenge to testimony from a patent licensing trial that led to a $20 million jury verdict against it, telling the full Federal Circuit that it is wrong to let "unsupported and unverifiable" assertions go in front of jurors.

  • February 20, 2025

    Judge Trims Atlanta Rap Producer's Copyright Suit

    A Georgia federal judge has pared a copyright infringement suit Atlanta rap producer Terrell Perry filed against several record labels for allegedly using his beats without permission in tracks by Rich Homie Quan, dropping Warner Music Group as a defendant and limiting the scope of what alleged infringement could be eligible for damages.

  • February 19, 2025

    What To Know About Trump's Likely Pick For USPTO Director

    Dilworth Paxson LLP partner John Squires is about to be nominated for director of the U.S. Patent and Trademark Office, about half a dozen sources told Law360 on Tuesday. Here's what you need to know about the attorney who made a name for himself at Goldman Sachs.

  • February 19, 2025

    Netflix Wants IP Atty Sanctioned Over Alleged Doc Sharing

    Netflix urged a California judge Tuesday to require a prolific patent plaintiff's former counsel to explain why they shouldn't be held in civil contempt and sanctioned for allegedly giving Netflix's confidential financial information to nonparty AiPi LLC, arguing discovery in another patent case has revealed AiPi is "shadow lead counsel."

  • February 19, 2025

    Walgreens Says $1B COVID Testing Award Must Be Nixed

    Walgreens is urging a Delaware federal judge to rethink his decision enforcing a $987 million arbitral award to a lab testing and diagnostics company in a dispute over COVID-19 tests, arguing Tuesday that he ignored that the arbitrator "invented" language in the contract to arrive at his conclusion.

  • February 19, 2025

    Gilead, Janssen Settle HIV Treatment Suits With Lupin, Apotex

    Gilead Sciences Inc. and Johnson & Johnson's Janssen unit settled their patent suits against Lupin and Apotex over generic versions of HIV treatments, according to filings in Delaware federal court on Wednesday.

  • February 19, 2025

    2nd Circ. Backs Amazon In Teri Woods Publishing Dispute

    A unanimous Second Circuit panel backed a lower court's decision to dismiss Teri Woods Publishing's copyright and contract claims against Audible and other audiobook distributors on Wednesday, holding that the parties' licensing agreement allowed them to distribute the publisher's works through their subscription-based streaming services.

  • February 19, 2025

    CBS Will Seek Trump's Financial Info In '60 Minutes' Discovery

    Attorneys for Paramount Global and CBS Broadcasting told a Texas federal judge Tuesday that if President Donald Trump's $10 billion lawsuit accusing the network of deceptively doctoring former Vice President Kamala Harris' "60 Minutes" interview goes to discovery, they will seek information about the president's personal financials.

  • February 19, 2025

    Full Fed. Circ. Stands By Reviving Crocs False Ad Case

    The full Federal Circuit on Tuesday declined to revisit a panel decision reviving false advertising claims against Crocs Inc. over its statement that its shoes were made with "patented, proprietary, and exclusive" materials that were not, in fact, patented.

  • February 19, 2025

    NBA Teams Urge Justices To Take Up 'Discovery Rule' Case

    Eight NBA teams facing copyright lawsuits for songs used in promotional videos without permission have filed a brief supporting a petition asking the U.S. Supreme Court to review the so-called discovery rule, a judicially created doctrine that allows claims to be brought outside the three-year statute of limitations.

  • February 19, 2025

    Funkadelic Keyboardist Won't Face Sanctions In Royalty Fight

    A Michigan federal judge on Wednesday declined to issue sanctions against the estate of a former Parliament-Funkadelic keyboardist suing the band's frontman in a royalty dispute, finding that the keyboardist's widow did not seem to intentionally lie about or conceal an agreement with a former defendant in the case.

  • February 19, 2025

    Perplexity AI Seeks To Toss Or Transfer Publishers' IP Suit

    Perplexity AI has asked a New York federal judge to dismiss a copyright and trademark lawsuit filed by the publishers of The Wall Street Journal and the New York Post for lack of jurisdiction or to move the case to its home in California.

  • February 19, 2025

    Democrats Say DOGE Took 'Trove' Of Musk Rivals' CFPB Data

    U.S. Sens. Elizabeth Warren, D-Mass., and Adam Schiff, D-Calif. demanded Wednesday that Elon Musk remove Department of Government Efficiency staffers from the Consumer Financial Protection Bureau, saying Musk's potential conflicts of interest undermine the agency's goals while giving Musk access to a "trove" of confidential corporate data and an unfair advantage against rivals.

  • February 19, 2025

    Syngenta, Corteva Can't Duck Ark. AG Antitrust Claims

    An Arkansas federal judge refused Wednesday to toss the Arkansas attorney general's antitrust lawsuit accusing pesticide makers Syngenta and Corteva of using anti-competitive rebates that amount to exclusive agreements to suppress generics competition, rejecting the companies' jurisdictional challenges and finding that the antitrust claims are sufficiently pled to proceed.

  • February 19, 2025

    Wu-Tang Album Owner Wants Shkreli To Pay Fees

    The crypto project that holds the only physical copy of a Wu-Tang Clan album that once belonged to Martin Shkreli has asked a Brooklyn federal court to make him pay for months of noncompliance with a preliminary injunction requiring him to account for all copies of the album he may have made.

  • February 19, 2025

    IP Partner Returns to Duane Morris In Philadelphia

    A patent litigation attorney with specialties in artificial intelligence technologies has moved back to Duane Morris LLP's Philadelphia office after practicing for more than two years with Morgan Lewis & Bockius LLP.

  • February 19, 2025

    Calif. Smoking Gear Co. Says Rival Ripped Off Cones Design

    A California-based smoking accessory maker is suing a Washington competitor in federal court, alleging that the other company's "Crush Cones" infringe a patent for prerolled smoking cones.

Expert Analysis

  • 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.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • Navigating DOJ's Patchwork Whistleblower Regime

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    In the past few months, the U.S. Department of Justice and several individual U.S. attorney’s offices have issued different pilot programs aimed at incentivizing individuals to blow the whistle on misconduct, but this piecemeal approach may create confusion and suboptimal outcomes, say attorneys at BakerHostetler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • When Arbitration Is Effective For Employment And IP Cases

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    Widespread adoption of arbitration has revolutionized conflict resolution in employment law, and the benefits of speed, expertise and confidentiality make it an increasingly attractive alternative for resolving patent conflicts — but arbitration is not a silver bullet, say Brandon Miller at Fisher Phillips and Camilla Bykhovsky at Turner Boyd.

  • US Intellectual Property-Based Sanctions Could Be Imminent

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    A recent presidential delegation suggests that regulators may be ready to wield the sanctions authority found in the Protecting American Intellectual Property Act, which has been unutilized for the first 22 months of its life, say attorneys at Morgan Lewis.

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