Intellectual Property

  • April 10, 2025

    Fed. Circ. Refuses SAP's Bid To Transfer EDTX Patent Case

    The Federal Circuit on Thursday shut down an attempt by major German software company SAP SE, which is represented by former U.S. Patent and Trademark Office Director Kathi Vidal, to transfer a patent infringement suit out of the Eastern District of Texas' Marshall division to the Sherman branch.

  • April 10, 2025

    Sagitec Sues Deloitte For Defamation In Trade Secrets Spat

    Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.

  • April 09, 2025

    'Evasive' Unions Told To List Fired Probationary Workers

    The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."

  • April 09, 2025

    Tillis Says China IP Theft Should Be Priority In Trade Talks

    U.S. Sen. Thom Tillis, R-N.C., on Wednesday called China's theft of U.S. intellectual property "rampant" and said the issue should be near the top of the agenda if the Trump administration enters trade negotiations with the Chinese government in the coming weeks.

  • April 09, 2025

    'You Won,' Fed. Circ. Judge Tells Drug Co. Fighting Injunction

    The Federal Circuit vacated an injunction Wednesday that had barred Sun Pharmaceutical from launching its alopecia drug Leqselvi, less than an hour after oral arguments where the judges had little sympathy for a patent owner that was years away from bringing its drug to market.

  • April 09, 2025

    Charter Confused Jurors In $1B Patent Feud, Gilstrap Told

    A New York-based startup whose infringement case against Charter Communications was rejected by a federal jury in Marshall, Texas, last month now wants a new trial, telling U.S. District Judge Rodney Gilstrap that Charter deployed a "calculated plan to confuse the jury."

  • April 09, 2025

    Full Fed. Circ. Lets Stand Patent Tied To $400M Labcorp Loss

    The full Federal Circuit on Wednesday rejected Labcorp's request for a review of a panel decision foiling its bid to challenge patent claims underpinning an infringement judgment against it that now totals $400 million.

  • April 09, 2025

    9th Circ. Won't Restore Competing TM Claims In Vitamin Row

    The Ninth Circuit on Wednesday refused to revive competing trademark infringement claims between a pair of vitamin and supplement companies, backing a lower court's finding that neither party was able to prove their case.

  • April 09, 2025

    Bristol Myers Beats Pomalyst Antitrust Suit Alleging IP Fraud

    A New York federal judge has tossed a proposed antitrust class action accusing Bristol Myers' Celgene subsidiary of fraudulently obtaining patents and filing "sham" infringement lawsuits to block generic versions of its blood-cancer drug Pomalyst, finding that the indirect drug buyer plaintiffs lack standing and haven't plausibly alleged fraud.

  • April 09, 2025

    ITC Ends Google Patent Case Against Sonos

    The U.S. International Trade Commission has decided to end another investigation into whether Sonos speakers infringe patents issued to Google, finding those patents are invalid.

  • April 09, 2025

    2nd Circ. Allows Takeda To Appeal Actos Antitrust Class Cert.

    A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.

  • April 09, 2025

    Disney Doesn't Deserve $5.7M Fee In 'Moana' Suit, Artist Says

    Disney doesn't deserve $5.7 million in fees for beating an animator's copyright suit accusing it of ripping off his Polynesian adventure story to create "Moana," the plaintiff said Tuesday, arguing his case wasn't frivolous, considering the California federal judge found multiple times that sufficient similarity existed between the works. 

  • April 09, 2025

    Justices Urged To Look At Fed. Circ. Ax Of $13M IP Verdict

    A patent-holding company has asked the U.S. Supreme Court to review a Federal Circuit decision that threw out a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents.

  • April 09, 2025

    Dropbox Can See Case Funding Details In IP Row, Court Says

    A patent owner has to hand over a copy of an agreement it has with a litigation funder as part of its infringement lawsuit against Dropbox over cloud-based file system patents, a federal magistrate judge in California has ruled.

  • April 09, 2025

    Fed. Circ. Says 'Highly Descriptive' Voter TMs Not Protectable

    The Federal Circuit on Wednesday concluded that the Heritage Alliance's trademarks for "iVoterGuide" and "iVoterGuide.com" are highly descriptive and not protectable, rejecting a challenge to the American Policy Roundtable's use of "iVoters" and "iVoters.com" despite a likelihood of confusion between the organizations' marks.

  • April 09, 2025

    Senior PTAB Judge Joins Sterne Kessler's Electronics Team

    The Patent Trial and Appeal Board's vice chief administrative patent judge has left her role after more than a decade to join Sterne Kessler Goldstein & Fox PLLC's electronics practice, the firm has announced.

  • April 09, 2025

    Ex-Qualcomm Executive Convicted Of $180M Fraud

    A federal jury in San Diego has found a former executive at Qualcomm guilty of defrauding the chipmaker by creating a fake company, concealing his connection to it and selling it to Qualcomm for $180 million.

  • April 08, 2025

    Jazz Agrees To Pay $145M To Settle Xyrem Antitrust Fight

    Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.

  • April 08, 2025

    MrBeast Accuses Ex-Employee Of Stealing Confidential Docs

    YouTuber Mr. Beast's media company has hauled a former IT contractor into North Carolina federal court, accusing him of downloading thousands of confidential company documents ahead of his termination — documents the company said have yet to be returned — and leaving behind hidden cameras throughout the company's offices.

  • 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.

Expert Analysis

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 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.

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