Intellectual Property

  • September 26, 2025

    Metal Singer Wants Ex-Bassist's 'Break-Up Case' Trimmed

    The vocalist for the Grammy-nominated metal band Hatebreed and the group's business arm have asked a Connecticut state court to strike several claims that the band's founding bassist filed after his sudden termination, including breach of contract and negligent infliction of emotional distress, arguing that they are not adequately supported by facts.

  • September 26, 2025

    Insurers Must Defend Tech Co. Against Rival's Patent Suit

    Insurers for a logistics technology company must defend the company against claims that it stole a rival's technology and marketing strategy, a Delaware state court ruled, finding that the policies' "prior and pending litigation" exclusion does not bar coverage.

  • September 26, 2025

    TikTok, Chinese Co. Resolve $845M IP Fight Before Trial

    TikTok and a Chinese company that accuses it of stealing trade secrets for a video-editing tool and infringing copyrights related to the tool informed a California federal judge Friday that they've reached a settlement in principle, avoiding a jury trial that was set to begin next month.

  • September 26, 2025

    HSF Kramer Taps White & Case Atty To Steer US Tech Deals

    Herbert Smith Freehills Kramer LLP has hired a former White & Case LLP partner as head of its U.S. technology transactions practice in New York.

  • September 26, 2025

    Miss America Dispute Turns On Dueling Fraud Claims

    A real estate developer and his attorney have hit back at claims they should be sanctioned for allegedly submitting fake contracts as evidence they own the company that runs the Miss America pageant, asserting in a Florida federal court filing that their litigation opponents are the ones "engaging in fraud."

  • September 26, 2025

    Trump Announces 100% Tariff On Drug Imports Starting Oct. 1

    President Donald Trump announced a slew of new Section 232 tariffs to be imposed beginning Oct. 1, including a 100% tariff on drug imports and new rates for semi trucks, kitchen cabinets, bathroom vanities and upholstered furniture.

  • September 26, 2025

    Judge Won't Overturn $57M Midwest Energy Win In IP Fight

    A Delaware federal magistrate judge has refused to disturb a jury's finding that numerous affiliated companies willfully infringed Midwest Energy Emissions Corp. patents on technology for refining coal to reduce mercury in emissions from power plants, leaving in place a $57 million verdict.

  • September 26, 2025

    Texas' Eastern District Tightens Sealed-Document Procedures

    Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.

  • September 26, 2025

    Scholastic Gets $19.5M In Legal Fee Insurance Fight

    A New York federal court has awarded Scholastic Inc. $19.5 million as a money judgment with interest against a unit of Travelers Insurance, following years of litigation over whether the insurer had to cover Scholastic's expenses in a separate trademark and copyright infringement case.

  • September 26, 2025

    Holland & Hart Brings On Perkins Coie Commercial Litigator

    Holland & Hart LLP has added a former Perkins Coie LLP partner to enhance its capacity to handle commercial litigation and advise high-net-worth individuals about a variety of matters.

  • September 25, 2025

    NJ Fed Courts Tighten Rules On Anti-Counterfeiting Suits

    Citing an "uptick" in intellectual property theft suits against online counterfeiters, New Jersey's chief district judge issued a new standing order Thursday tightening rules on infringement suits that often name numerous defendants. 

  • 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.

  • 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.

  • 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."

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • 7 Considerations For Conducting Drug Clinical Trials Abroad

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    With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • Best Practices For Companies Integrating Existing IP With AI

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    Some copyright owners are exploring how they can make new content by combining their existing intellectual property assets with generative artificial intelligence, and although these initiatives can serve multiple business goals, those considering such practices should be aware they are entering largely uncharted waters, says Josh Weigensberg at Pryor Cashman.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • How Athletes Can Protect Their Signature Celebrations As IP

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    As copyright and trademark law adapts to short-form choreography and dynamic media, athletes and their business partners have new tools to protect the intellectual property embedded in their unique dances, poses and celebrations, say attorneys at Debevoise.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

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    Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Vape IP Ruling Shows Stark Contrast Between ITC And Courts

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    The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Why Attys Should Get Familiar With Quantum Computing

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    Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks

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    Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

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