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Intellectual Property
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September 25, 2025
Judge Plans To Let ITC Take Lead In Apple Watch Patent Fight
A D.C. federal judge said Thursday that she is not inclined to block a U.S. Customs and Border Protection decision permitting Apple Watch imports amid a patent dispute with Masimo Corp., because the U.S. International Trade Commission will soon address the same issue.
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September 25, 2025
Robotics AI Co. Says It Didn't Infringe Imaging Patents
Plus One Robotics has asked a Texas federal court to find it has not infringed five patents owned by an entity that has allegedly been harassing the artificial intelligence robotics company to get licensing fees.
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September 25, 2025
Anthropic Judge Greenlights 'Historic' $1.5B Copyright Deal
A California federal judge on Thursday preliminarily approved a $1.5 billion deal Anthropic PBC struck with authors to end their copyright class action against the artificial intelligence developer, with counsel for the plaintiffs calling it a "historic settlement" that will result in the "largest copyright recovery of all time."
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September 25, 2025
Fed. Circ. Snubs Patent Atty's Bid To Join Toddler Mat IP Case
The Federal Circuit on Thursday denied an attorney's bid to appear in a patent infringement case over toddler dining mats, in which the lower court found that his misrepresentation of prior art during prosecution was "purposeful, deliberate, and egregious."
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September 25, 2025
Judge Grants Limited Sanctions In Sports Betting Secrets Suit
A Nevada federal judge has granted some sanctions requested by a gambling technology company locked in a trade secrets case, finding that the rival litigant won't be allowed to introduce some evidence.
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September 25, 2025
Dr. Reddy's To Keep Generic Cancer Drug Off Market Until 2030
Indian pharmaceutical group Dr. Reddy's Laboratories Inc. has agreed to keep its generic version of a cancer drug made by Eisai Ltd. off the market until 2030 as part of a deal to settle the Japanese drugmaker's lawsuit in New Jersey federal court alleging patent infringement.
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September 25, 2025
TM Dispute Over DIY Dentures Dismissed In NC
A trademark row between a dental lab and denture manufacturer was dismissed Wednesday when a North Carolina federal judge agreed with Mabel Dental Lab Inc. and Crown Warranty LLC that their connections to the state are sparse at best.
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September 25, 2025
Costco Loses Bid To Slip Ugg Maker's Copycat IP Suit
Costco Wholesale Corp. cannot escape a trade dress infringement lawsuit by the maker of Ugg footwear, accusing it of ripping off its signature shearling footwear designs, a California federal judge ruled, saying the complaint plausibly alleges that consumers associate the designs with the Ugg brand.
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September 25, 2025
Mexican TV Distributor Fights Contempt In Fox Sports TM Row
A New York federal court shouldn't hold in contempt a sports media distributor over joining the defendant media company in pursuing legal remedies in Mexican courts in a trademark spat with Fox Corp., because the interests of the two businesses differ and are protected under international comity, the distributor said.
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September 25, 2025
NC BBQ Chain Nets Deal To End Trademark Fight With Flagship
A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.
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September 25, 2025
XAI Claims OpenAI Poached Employees For Trade Secrets
Elon Musk's chatbot company xAI Corp. has hit rival OpenAI Inc. with a suit in California federal court that alleges two engineers and an unnamed senior executive took trade secrets to OpenAI when they switched companies.
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September 25, 2025
Feds Want USPTO Union Suits Over Trump Order Reassigned
The Trump administration has asked for two cases from labor unions that represent employees of the U.S. Patent and Trademark Office and other agencies challenging an executive order that ended their collective bargaining rights to be reassigned to different judges, saying the cases in D.C. federal court are unrelated to other suits challenging the order.
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September 25, 2025
Full Fed. Circ. Won't Reconsider IPR Estoppel Decision
The full Federal Circuit on Thursday rejected a rehearing petition from Ioengine LLC, which was appealing the invalidation of its flash drive patents in a case that set precedent on estoppel.
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September 25, 2025
Fed. Circ. Affirms Dismissal Of Patent Suit Against Aldi
The Federal Circuit on Thursday won't revive a suit accusing supermarket chain Aldi's mobile app of infringing patents covering a way to find consumer products in particular areas, backing an Illinois federal court's finding that the patents were invalid under the U.S. Supreme Court's Alice standard.
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September 25, 2025
Antitrust Pro Back At Jenner & Block From Fish & Richardson
Jenner & Block LLP announced Thursday that it has welcomed back an antitrust attorney who had worked at intellectual property firm Fish & Richardson PC for the past year, after having previously worked at Jenner & Block for 15 years.
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September 25, 2025
Pool Design Patent Owner Loses Bid For Fed. Circ. Rehearing
The full Federal Circuit on Thursday left intact a decision refusing to revive North Star Technology International Ltd.'s suit claiming Latham Pool Products Inc. infringed its design patent.
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September 25, 2025
Fed. Circ. Revives Apex Bank's TM Bid Over TTAB Error
The Trademark Trial and Appeal Board incorrectly prevented a Tennessee bank from registering "Aspire Bank" for banking and financial services because of potential confusion with a credit card company's existing "Aspire" mark, the Federal Circuit said in a precedential decision Thursday that remanded the case for further analysis.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
AML Software Sues Athena Bitcoin Over Source Code Theft
AML Software has filed a copyright infringement suit against ATM operator Athena Bitcoin for allegedly misappropriating its proprietary bitcoin ATM source code without authorization.
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September 24, 2025
USPTO Touts Declining Patent Backlog, Eyes Bigger Drop
U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.
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September 24, 2025
EcoFactor Tells Justices Patent Rules Usurp Role Of Juries
The Federal Circuit has created stringent patent-specific rules limiting damages testimony that improperly displace the role of juries, EcoFactor Inc. has told the U.S. Supreme Court, in a bid to undo a decision scrapping the company's $20 million win against Google.
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.
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September 24, 2025
Swimmers, Divers Rip School, NIL Deal After Team Dropped
Four former swimming and diving team members at California Polytechnic State University have filed objections in federal court to the NCAA's $2.78 billion name, image and likeness settlement, after university officials pointed to the financial consequences of the settlement as the reason the swimming and diving program was eliminated.
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September 24, 2025
Course Hero Operator Must Face School's Copyright, TM Claims
Course Hero, a study platform where users upload materials, must face copyright and trademark claims after a Connecticut federal judge found that a for-profit Connecticut university has demonstrated enough possible harm to justify standing for alleged copyright violations, and that a 2003 U.S. Supreme Court decision does not stand in the way of its Lanham Act claims.
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September 24, 2025
Arcturus Sues AbbVie, Capstan Alleging Trade Secret Theft
Arcturus Therapeutics Inc. has sued AbbVie and Capstan Therapeutics in California federal court, alleging Capstan used Arcturus' proprietary lipid nanoparticle technology to develop and patent competing drug delivery systems, which AbbVie later acquired in a $2.1 billion deal.
Expert Analysis
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Opinion
Congress Should Pass IP Reform, Starting With 3 Patent Bills
Congress is considering a trio of bipartisan bills to fix patent law problems that have cropped up over the past two decades, and it shouldn't stop there — addressing two other intellectual property issues is critical for America's economy, says retired Judge Kathleen O'Malley at the Council for Innovation Promotion.
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When Reshoring, IP Issues Require A Strong Action Plan
With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Prospects And Challenges For Expert Evidence At The UPC
Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Increased Tariffs Create Opportunity To Protect IP Rights
Heightened tariffs on certain foreign imports have created operational and fiscal challenges for companies, but the corresponding increase in customs inspections could offer a silver lining of more consistent enforcement against counterfeit and infringing goods, says Andraya Pulaski Brunau at Day Pitney.
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Prior Art Ruling Highlights Importance Of Detailed Elaboration
The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Section 899 Could Be A Costly Tax Shift For US Borrowers
Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Opinion
Anti-Counterfeiting Efforts Must Hold China Accountable
As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.
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Securing IP Protection For AI Avatars
As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.