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Intellectual Property
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March 10, 2025
Alsup Refuses To Vacate Hearing Into OPM Mass Firings
U.S. District Judge William Alsup on Monday denied the Trump administration's request to vacate an upcoming evidentiary hearing into the U.S. Office of Personnel Management's mass firings of probationary federal employees, and required OPM director Charles Ezell to appear in person or else be deposed.
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March 10, 2025
Ga. IP Boutique Says Md. Firm Copied Its 'Founders' Mark
A Georgia-based law firm that does business as Founders Legal on Monday sued a similarly named Maryland firm and its founder for allegedly infringing its federally registered marks in a way that is likely to confuse prospective and current legal clients.
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March 10, 2025
Patent Office Solicitor Moves To PTAB Vice Chief Judge Role
Farheena Y. Rasheed, who had been the U.S. Patent and Trademark Office's solicitor since June, has moved to a new role as a Patent Trial and Appeal Board acting vice chief judge, to assist the board as it deals with several vacancies, the office said Monday.
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March 10, 2025
DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.
The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.
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March 10, 2025
Miley Cyrus Says 'Glee' Ruling Wilts 'Flowers' Copyright Suit
An attorney for Miley Cyrus and co-writers of her hit "Flowers" urged a California federal judge Monday to toss a music investment company's complaint alleging they ripped off a Bruno Mars song, arguing that a Ninth Circuit ruling clearing the school that inspired the show "Glee" of infringement supports the move.
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March 10, 2025
Adidas Seeks Injunction In Fashion Nova Trademark Row
Adidas is seeking a preliminary injunction against Fashion Nova, accusing the popular fast-fashion brand in a California federal lawsuit of infringing on its iconic three-stripe trademark and noting that the company has "a penchant for overlooking" intellectual property rights.
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March 10, 2025
Money Manager Can't Block Alleged Client Poach, Judge Says
Connecticut investment firm TJT Capital Group LLC has not demonstrated that it will suffer irreparable harm without a temporary restraining order that bars a former member from using client information he allegedly misappropriated, a federal judge has ruled in denying the request.
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March 10, 2025
Disney Unit Wins Copyright Trial Over 'Moana' Film
A Los Angeles federal jury handed a win Monday to a subsidiary of The Walt Disney Co. in a copyright infringement trial over the 2016 blockbuster "Moana," rejecting a claim that the movie ripped off another animation artist's Polynesian adventure epic.
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March 10, 2025
Fed. Circ. Skeptical Of USPTO's Refusal To Register F-Word TM
A Federal Circuit panel appeared skeptical of the U.S. Patent and Trademark Office's reasoning for rejecting an application to register the F-word as a mark because of its widespread use, with one judge telling the government's attorney a couple of times during arguments Monday, "I don't understand what you're saying."
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March 10, 2025
Perkins Coie Adds 2 Finnegan IP Attys In Calif.
Perkins Coie LLP is growing its West Coast team, announcing Monday it is bringing in two Finnegan Henderson Farabow Garrett & Dunner LLP intellectual property attorneys as partners in its Silicon Valley office in Palo Alto, California.
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March 10, 2025
Patent Exec Seeks Defamation Win Over Atty's Statements
A patent-licensing company executive has asked a Florida federal court to rule in his favor on a defamation claim against a Baker Botts LLP attorney representing Starbucks in a Texas patent case and toss a counterclaim from the attorney, saying her abuse-of-process allegation "reads like a failed exercise in ontological gymnastics."
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March 10, 2025
CBD Co. Launches More Patent Suits Over Topical Cream
CBD company Metronome LLC has filed another pair of suits in Delaware federal court alleging competitors are infringing its patent with a topical pain relief cream that uses cannabis-derived ingredients.
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March 10, 2025
Philly Inquirer Cuts IP Deal With Framed Front Page Seller
The Philadelphia Inquirer has confidentially settled its infringement suit against a company that sold framed copies of its articles and front pages, according to filings in Pennsylvania federal court.
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March 10, 2025
Fed. Circ. Won't Pause Teva Patent Delisting For Appeal
The Federal Circuit denied on Friday Israeli drugmaker Teva Pharmaceuticals' bid to keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold pending its appeal of the matter to the U.S. Supreme Court.
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March 10, 2025
High Court Skips Florida Brokerage's Copyright Fee Appeal
The U.S. Supreme Court on Monday declined to review a Florida real estate brokerage firm's challenge to lower court decisions denying it attorney fees when another company accusing it of copyright infringement voluntarily dropped the case.
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March 07, 2025
FDA Can Take Eli Lilly Weight Loss Drug Off Shortage List
A Texas federal judge has refused to issue an injunction that would allow compounding pharmacies to produce a lucrative weight loss drug, ruling that the U.S. Food and Drug Administration was within its authority when it removed the medication from the drug shortage list.
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March 07, 2025
Photographer Sanctioned For Skipping Deposition In IP Case
A federal judge in the Southern District of New York has issued sanctions over skipped depositions, among other conduct, by the plaintiff in a copyright lawsuit over a photo of actor Jonah Hill that appeared on a fashion retail website.
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March 07, 2025
Justices Asked To Audit Ed Sheeran's 'Thinking Out Loud' Win
Structured Asset Sales LLC asked the U.S. Supreme Court on Thursday to review the Second Circuit's opinion that Ed Sheeran's "Thinking Out Loud" did not rip off Marvin Gaye's "Let's Get It On," arguing that the lower appellate court incorrectly affirmed that the Copyright Act of 1909 only protected the Motown song's sheet music.
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March 07, 2025
ByteDance Wants Sanctions For Attys After Client's Perjury
TikTok's parent company ByteDance has urged a California court to sanction Nassiri & Jung LLP attorneys it says "enabled" a former engineer's perjury in a suit alleging he was wrongly fired, arguing that the lawyers should've prevented their client's "abuse of the justice system."
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March 07, 2025
Fed. Circ. Talks Definitions In Express Mobile Patent Case
The Federal Circuit spent a chunk of its morning hashing it out over the meaning of the phrase "runtime engine" in a pair of disputes brought to the court by Express Mobile, one in which it accused GoDaddy of violating a set of patents and another fighting the invalidation of one of those patents.
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March 07, 2025
Fed. Circ. Panel Wary Of Discarding Prosecution Laches
A Federal Circuit panel indicated Friday that it doesn't plan to overturn precedent holding that inventors forfeit their patent rights when they cause unreasonable delays in the application process, telling counsel for prolific inventor Gilbert Hyatt that it would take the full court to do that.
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March 07, 2025
Ex-Kirkland IP Atty Can't Fire Her Bias Suit Atty 'For Cause'
A former Kirkland & Ellis LLP intellectual property associate suing the firm over bias claims cannot fire her counsel at Filippatos PLLC over professional misconduct allegations, a California federal judge ruled Thursday while allowing Filippatos to withdraw as her counsel.
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March 07, 2025
Charter Defeats Touchstream's $1B Patent Case At Texas Trial
A Texas federal jury cleared cable giant Charter Communications on Friday in a patent case over a New York startup's device that allows videos to be played on a separate, larger screen.
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March 07, 2025
'Spiderman' Leak Cost Film Studio Tens Of Millions, DOJ Says
A 37-year-old Tennessee man who worked at a DVD and Blu-ray manufacturing and distribution company used by major studios has been charged with stealing and selling copies of blockbuster movies before their release and with leaking "Spiderman: No Way Home" online, the U.S. Justice Department announced.
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March 07, 2025
Apple Prevails In Watch Tech Patent Fight At Fed. Circ.
The Federal Circuit handed Apple a significant victory Friday in a dispute that might have led to a ban on imports of its smartwatches, affirming that a competing company's heart monitor patents are invalid and vacating a conflicting U.S. International Trade Commission decision that found the watches infringed those patents.
Expert Analysis
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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A Look At Drug Price Negotiation Program's Ongoing Impact
More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.
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Opinion
Congress Must Consider Accurate Data About Patent Thickets
If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Opinion
DOGE Should Address Inefficiency In The Patent Marketplace
Elon Musk's Department of Government Efficiency is well positioned to identify to Congress the necessary variability needed among individual patent rights, ensuring that the U.S. Patent and Trademark Office's current inefficiencies do not impede promising inventions from reaching the market, says John Powers at Powers IP.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.