Intellectual Property

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
IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle

Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.
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.
April 18, 2025
Off The Bench: Maine Sued Over Trans Ban, NIL Deal Tweaked

In this week's Off The Bench, the Trump administration takes aim at Maine's policy on transgender athletes, the NCAA's settlement with athletes stands firm on a contentious clause, and a university that displayed a controversial quiz question at a football game settles with the quiz's creator.
April 18, 2025
MLB Players Aim To Strike Out DraftKings NIL Case Appeal

Major League Baseball players called foul on DraftKings Inc.'s bid for the Third Circuit to decide whether the players' claims that the betting app used photos of them in ads without permission can proceed, arguing that a lower court got it right when it refused to dismiss their claims.
April 18, 2025
4th Circ. Pauses Software TM Trial After Atty Held In Contempt

The Fourth Circuit has pressed pause on an upcoming trademark trial between rival software companies while the defendant and its counsel at Womble Bond Dickinson appeal a contempt order over misrepresentations they allegedly made in a foreign tribunal.
April 18, 2025
Dykema Adds Trademark Pro From Smith Gambrell In Austin

Dykema Gossett PLLC has bolstered its trademark practice group with a member in Austin who brings more than a decade of experience as an examining attorney with the U.S. Patent and Trademark Office and who joined the firm from Smith Gambrell & Russell LLP.
April 17, 2025
Incyte Can Get Novartis' Privileged Info On Drug Royalty Deal

Novartis must produce certain privileged documents to Incyte concerning its understanding of their contract for royalty payments from sales of Incyte's blood cancer drug, unless Novartis agrees its former outside counsel, who negotiated the terms, won't testify about that topic at the upcoming contract breach trial, a New York federal judge said Thursday.
April 17, 2025
DC Circ. Has No Sympathy For Novartis Over Generic Entresto

A D.C. Circuit panel went in circles Thursday with attorneys from Novartis, MSN Pharmaceuticals and the federal government, trying to work out how a study over dosing levels in the blockbuster drug Entresto should impact whether a generic version can be approved.
April 17, 2025
Another Xerox Patent Bites The Dust At Fed. Circ.

Federal Circuit judges on Thursday affirmed yet another patent board ruling that scratched out claims in a patent issued to a Xerox unit that was asserted against a trio of major social media companies.
April 17, 2025
Daimler Ends Legal Battle Over Radiator Patent Before Trial

Daimler Truck North America LLC has decided to settle a legal fight over a reissued patent that covers a way of stopping decay in truck radiators — initially issued to the owner of a radiator repair shop in North Carolina — just a month before the case was to head for a trial in a federal court in Charlotte.
April 17, 2025
Rapper Drops Houston Texans From 'Still Tippin' Lawsuit

Texas rapper Bigg Tyme and his company dropped the Houston Texans from a copyright infringement lawsuit that alleges the NFL team and fellow rapper Mike Jones stole Bigg Tyme's 2002 song "Still Tippin" to use at games without his permission.
April 17, 2025
Patent Office Plans Rulemaking For New PTAB Denial Process

The U.S. Patent and Trademark Office intends to go through the notice-and-comment rulemaking process for its new procedures allowing its director to decide whether petitions challenging patents at the Patent Trial and Appeal Board should be denied for discretionary reasons, a panel of judges and agency personnel said at a webinar on Thursday.
April 17, 2025
ITC Blocks Chinese Co.'s Plastics Tech Over Patent Dispute

The U.S. International Trade Commission issued a limited order barring a Chinese company from importing parts used in molding machines that make plastic bottles, following an infringement case from a Canadian rival — though the trade agency split in its decision not to issue a cease-and-desist order targeting imported parts that already made it into the U.S.
April 17, 2025
Music Rights Orgs. Trade Barbs In Copyright Office Inquiry

The organizations responsible for getting musical artists their royalty payments sparred with each other in comments to the U.S. Copyright Office, with one legacy organization accusing newer entrants of insufficient transparency, and one of those competitors in turn alleging "anticompetitive practices" by the established players.

Expert Analysis

5 Drug And Device Developments That Shaped 2024

The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
Rejoinder Strategy After Allergan Double-Patenting Case

A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.
7 Pitfalls To Watch In Tech Referral Fee Programs

The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.
Takeaways From 2024's Emerging IP Licensing Trends

Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
Top 10 Legal Issues This Year For Transportation Industry GCs

General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
How The UPC, ITC Complement Each Other In Patent Law

Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
Series

Playing Esports Makes Me A Better Lawyer

Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
Identifying Deepfakes During Evidence Collection, Discovery

Excerpt from Practical Guidance

Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
Fed. Circ. In December: A Patent Prosecution History Lesson

Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
An Associate's Guide To Career Development In 2025

As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
2025 Patent And TM Policy At USPTO: What We Know So Far

This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
Reviewing 2024's Crucial Patent Law Developments

As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
How White Collar Enforcement May Shift In Trump's 2nd Term

After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
Series

Fixing Up Cars Makes Me A Better Lawyer

From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.