Intellectual Property

  • September 12, 2025

    Dentons Ducks Chinese Vape-Maker's Hacking Suit

    Dentons has officially escaped allegations it helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, in part by hacking into its founder's laptop to access confidential information, according to newly filed documents.

  • September 12, 2025

    Stewart Issues New Slate Of Discretionary Denials

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.

  • September 12, 2025

    Tootsie Roll Sues Rival Candy Seller Over 'Tootsi' Mark

    Confectionery giant Tootsie Roll Industries filed a trademark infringement suit in Illinois federal court Thursday against Tootsi Impex for using a confusingly similar name, Tootsi, to sell competing candy products, more than 20 years after it opposed the defendant's design mark application to use the name in Canada.  

  • September 12, 2025

    Jury Awards Mallinckrodt $9.5M In Nitric Oxide Patent Suit

    A Delaware federal jury awarded Mallinckrodt Pharmaceuticals almost $9.5 million on Friday, finding that French industrial gas company Airgas Healthcare infringed patents covering its inhaled nitric oxide treatment.

  • September 12, 2025

    Novartis Takes Entresto Bench Trial Loss To Fed. Circ.

    Novartis urged the Federal Circuit on Friday to save it from a Delaware federal judge's holding that generic-drug maker MSN Pharmaceuticals did not infringe a patent covering the blockbuster cardiovascular drug Entresto.

  • September 12, 2025

    Hytera Fights Motorola's Contempt Bid Over Subsidiary Sale

    Hytera Communications Corp. has urged an Illinois federal judge to reject Motorola Solutions' bid to hold it in contempt for using subsidiary sale funds to pay off lenders instead of paying Motorola what it's owed under a trade secrets judgment, arguing it shouldn't be punished for conducting ordinary business.

  • September 12, 2025

    Shein Uses AI To Steal Popular Designs, Suit Claims

    Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.

  • September 12, 2025

    Fed. Circ. Affirms PTAB's Slicing Of Fracking Patent Claims

    The Federal Circuit on Friday backed a Patent Trial and Appeal Board decision invalidating claims in a patent relating to hydraulic fracturing pump technology, finding that the tribunal had sufficient evidence supporting its conclusion that the claims were obvious.

  • September 12, 2025

    What To Know About Anthropic's Pending $1.5B IP Settlement

    The largest settlement in copyright history may still materialize, but the path for authors and Anthropic negotiating a $1.5 billion agreement is filled with challenges, including determining what portion of the millions of books the tech company allegedly downloaded from pirate sites is eligible for compensation.

  • September 12, 2025

    Samsung, Headwater End Patent Fights After $279M Verdict

    Headwater Research has agreed to end a series of lawsuits accusing Samsung of infringing various wireless communications patents, including one where a jury had found Samsung owed nearly $279 million.

  • September 12, 2025

    Snoop Dogg's Ice Cream Brand Battles 'Swizzle' TM Claim

    Rapper Snoop Dogg's ice cream brand is seeking a Connecticut federal judge's help to dodge a claim that its use of the word "Swizzle" is an act of trademark infringement, asking for the court to declare that Edible Arrangements is illegally trying to create a monopoly.

  • September 12, 2025

    In Fees Fight, OpenAI Rival Says TM Case Not Exceptional

    Nothing "stands out" from a successful trademark case brought by OpenAI against Open Artificial Intelligence Inc., the latter company told a California federal judge, urging the court to deny OpenAI's request to make it pay $10 million in attorney fees.

  • September 12, 2025

    Del. Judge Says Pet Med Co. Founder Liable For $40.2M

    A Delaware Superior Court judge has ruled the founder of a veterinary orthopedic implant venture must indemnify the company's recent buyer for $40.2 million from a $70 million patent infringement-related settlement, while capping the cumulative liability award after other costs at $55 million and awaiting proposals covering interest awards.

  • September 12, 2025

    Fed. Circ. Backs $3.5M Award In Wallet Gadget Patent Case

    The Federal Circuit held Friday that it won't undo Dynamite Marketing's $3.5 million win in a suit in which a jury found that WowLine Inc. infringed a patent covering the Wallet Ninja, upholding awards for both damages and attorney fees.

  • September 12, 2025

    Texas Jury Finds AT&T Didn't Infringe Telecom Patent

    A Texas federal jury has found that Irish company Daingean Technologies Ltd. hadn't proven that AT&T infringed a telecommunications patent when it launched its 5G phone service networks.

  • September 12, 2025

    Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims

    A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.

  • September 12, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.

  • September 11, 2025

    Google's 'Failure To Communicate' In AI Fight Irks IP Judge

    A California magistrate judge presiding over discovery in a proposed class action alleging Google's artificial-intelligence training models infringed artists' copyrights on Thursday refused, for now, to appoint a special master after plaintiffs accused Google of delaying data production by months, but she expressed frustrations with Google counsel's "failure to communicate."

  • September 11, 2025

    Apparel Co. Accuses Google Of Helping Copyright Infringers

    An apparel company that sells shirts themed around America and competitive drinking sued Google on Thursday in Ohio federal court, claiming the search engine giant assists online retailers that make copycats of its products.

  • September 11, 2025

    9th Circ. Revives 'Beauty' FX Copyright Verdict Against Disney

    The Ninth Circuit on Thursday revived a verdict that Walt Disney Pictures vicariously infringed a digital effects company's facial-motion capture software by using it for the 2017 "Beauty and the Beast" film, saying the tech company presented sufficient evidence for jurors to find Disney could have stopped its effects contractor's infringement.

  • September 11, 2025

    Ex-USPTO Solicitor Says Squires Is Better Than No One

    A former U.S. Patent and Trademark Office solicitor is asking the U.S. Senate to confirm John Squires as USPTO director, saying political accountability has become more important than finding a candidate who is right for the job.

  • September 11, 2025

    PTAB To Review Nike Flyknit Patent After Stewart Remand

    The Patent Trial and Appeal Board has agreed to institute review of a patent covering Nike Inc.'s Flyknit line of sneakers, after the acting head of the U.S. Patent and Trademark Office revived Skechers' challenge to the patent.

  • September 11, 2025

    Tesla, Musk And WB Slice Off 'Blade Runner' IP Claims

    A California federal judge tossed several claims Thursday from Alcon Entertainment's lawsuit alleging Tesla, its CEO Elon Musk and Warner Bros. Discovery used an image that infringes "Blade Runner 2049," while chastising the plaintiff for a 96-page complaint he said showcases a "proclivity towards overdoing things."

  • September 11, 2025

    NC Justices Ponder How Much Of Firm Value Atty's Ex Gets

    North Carolina's top court hinted Thursday that a solo attorney's ex-wife may be able to claim at least a morsel of his law firm's worth in their divorce, as the justices pondered whether to draw a distinction between two types of business value known as personal and enterprise goodwill.

  • September 11, 2025

    Under Armour Prevails In PTAB Challenges To 4 Shoe Patents

    The Patent Trial and Appeal Board has invalidated a host of claims across four patents owned by a golf shoe company, handing a win to Under Armour as it fights an infringement suit over the patents in Texas federal court.

Expert Analysis

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • What Businesses Need To Know About EU Design Law Reform

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    Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.

  • Berry Ruling Shows Why Plant IP Suits Can Be Thorny

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    A California federal court's recent decision in Driscoll's v. California Berry Cultivars illustrates that while a path exists for asserting U.S. plant patent rights against extraterritorial breeders, it can be difficult to prove infringement based on importation of plant parts, say Travis Bliss and Stephany Small at Panitch Schwarze.

  • 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.

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