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Intellectual Property
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June 16, 2025
Garbage-Truck Maker, Ex-Exec Stole Trade Secrets, Jury Told
Counsel for a fleet management technology firm told an Illinois federal jury Monday afternoon that a garbage-truck manufacturer it worked with to develop a system for monitoring waste-hauling vehicles breached their contract when it poached one of its executives and used confidential information he brought with him to build a competing product.
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June 16, 2025
Faulty Gilstrap Instructions Sink $300M Apple Patent Verdict
The Federal Circuit on Monday vacated a $300 million patent infringement jury verdict against Apple, saying the technology company's right to a unanimous verdict was violated by an Eastern District of Texas judge's instructions that lumped all asserted patents into one bulk infringement question.
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June 16, 2025
US Nabs Man In Fake 5-Hour Energy Plot After Decade On Run
A Mexican national entangled in a sprawling indictment accusing 11 people of producing and selling millions of counterfeit bottles of 5-Hour Energy drinks in a long-running criminal scheme has been extradited from Italy and made his initial appearance in California federal court Friday, after being a fugitive for the last decade.
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June 16, 2025
Fed. Circ. Reverses False Ad Verdict Against ThermoLife
The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.
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June 16, 2025
TM Registration Co. Sanctioned Over Attorney Signatures
A Mumbai-based business that offers trademark registration services was blocked by the U.S. Patent and Trademark Office from submitting any more trademark documents, after an investigation found it forged counsel signatures.
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June 16, 2025
Brewer, Tequila Co. Settle 'Dragon's Milk' TM Fight
A Michigan federal judge on Monday dismissed a trademark dispute between a brewing company and a tequila company that the brewer had sued over its "Dragon's Milk" name, after the parties reached a settlement.
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June 16, 2025
Fed. Circ. Urged To Jump In Over Fintiv Memo Withdrawal
SAP America wants the Federal Circuit to rein in the effects of the U.S. Patent and Trademark Office decision to rescind a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation.
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June 16, 2025
Gaming Cos. Settle Gambling Software IP Claims
Settlements continue to trickle in for a sweepstakes and casino game maker over a huge copyright and trademark infringement suit in which it alleges dozens of companies and individuals in North Carolina used and profited from its gambling software without a license.
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June 16, 2025
Water Filter Co. Seeks Help Getting Clorox's Deleted Emails
A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.
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June 16, 2025
Taxi Payment Business Accuses Ex-Director Of Copying App
A company providing card payment services to taxi drivers has accused a former director of breaching his duties and infringing its copyright by poaching senior developers to set up a rival payment system.
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June 16, 2025
AI Legal Tool Co. Allegedly Misuses Litigants' Names For Ads
A group of litigants from California and Washington has filed a suit against legal technology firm UniCourt Research Inc. in federal court, alleging the company used details about their disparate case to promote its software subscription.
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June 16, 2025
High Court Skips Laches Question In Trademark Disputes
The U.S. Supreme Court on Monday declined to take up an appeal that asked if it is proper for courts to adopt state statutes of limitations in trademark disputes to determine whether a party took too long to sue.
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June 16, 2025
Justices Deny Challenge To Copyright's 'Discovery Rule'
The U.S. Supreme Court said Monday it will not revisit the so-called discovery rule, rejecting an appeal from a shoe designer who argued the justices needed to clarify whether it's appropriate to bring copyright claims outside the three-year statute of limitations.
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June 16, 2025
Justices Won't Review Ed Sheeran's 'Thinking Out Loud' Win
The U.S. Supreme Court on Monday denied a petition to review a ruling finding that Ed Sheeran's hit song "Thinking Out Loud" did not rip off Marvin Gaye's "Let's Get It On."
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June 16, 2025
High Court Skips NexStep's Patent Fight With Comcast
The U.S. Supreme Court on Monday rejected NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated patent law's doctrine of equivalents.
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June 16, 2025
Justices Again Refuse To Hear Trading Tech's Patent Case
The U.S. Supreme Court on Monday refused to reconsider its April decision not to hear Trading Technologies' appeal seeking to boost its $6.6 million trading patent win after the company claimed new developments and patent eligibility legislation warranted taking the case.
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June 13, 2025
Stewart Releases Flood Of Discretionary Denial Decisions
The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.
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June 13, 2025
Google Defeats $1.3B Contract Case Over Advertising Tech
A California state jury has rejected a company's breach of contract case that accused Google of misappropriating information about its digital advertising technology to build similar products, ending the suit that had sought $1.3 billion in damages.
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June 13, 2025
NY Judge Rejects 'Walkaway' Deal In Van Gogh IP Suit
A New York federal judge has denied a proposed "walkaway" settlement in an intellectual property lawsuit brought against a Miami cafe named after Vincent van Gogh, after the suing company sought to confirm an agreement in principle was reached even though talks later stalled.
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June 13, 2025
Microsoft Settles Email Encryption Patent Case Ahead Of Trial
Microsoft reached a deal to end a software developer's 2022 patent infringement lawsuit targeting its email encryption feature, the parties have told a federal judge in Washington state, a few days before the case was set to reach trial Monday.
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June 13, 2025
9th Circ. Renews Copyright Claims In Software Cos. Fight
A Ninth Circuit panel has partially revived an intellectual property dispute between software companies Cloanto Corp. and Hyperion Entertainment, ruling that the lower court erred in tossing Cloanto's copyright claims while correctly axing its breach of contract claim.
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June 13, 2025
OpenAI, Altman Slam Attempt To Block 'IO' Name
OpenAI and its CEO Sam Altman have fired back at technology company IYO Inc.'s effort to bar their use of the IO Products Inc. name, arguing its claims are "insufficiently ripe" as the company hasn't provided evidence of the name being used in commerce or the likelihood of confusion.
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June 13, 2025
Red Hat Keeps Suit Against Software Patent Owner Alive In NC
A North Carolina federal judge has refused to dismiss a lawsuit accusing a Texas-based patent owner of trying to extort a license from software company Red Hat Inc., finding the court has authority to hear the dispute.
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June 13, 2025
Ga. Medical Co. Accused Of Infringing Swedish Co.'s Patents
A Swedish medical device company has sued Georgia-based MedWay Group Inc. in federal court for allegedly infringing its patents for foam dressings used in wound care and management.
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June 13, 2025
Trump Org. Seeks 'T1' Trademark For Phones, Telecom Services
The entity that handles trademarks for the Trump Organization has filed an application to use "T1" on cellphones and other products, according to a filing with the U.S. Patent and Trademark Office.
Expert Analysis
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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Opinion
NCAA Name, Image, Likeness Settlement Is A $2.8B Mistake
While the plaintiffs in House v. NCAA might call the proposed settlement on name, image and likeness payments for college athletes a breakthrough, it's a legally dubious Band-Aid that props up a system favoring a select handful of male athletes at the expense of countless others, say attorneys at Clifford Chance.
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Copyright Ruling Could Extend US Terminations Worldwide
If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.
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NIH Cuts To Indirect Costs May Stifle IP Generation
Although currently blocked by a preliminary injunction, the National Institutes of Health's new policy to cut down on indirect cost funding creates challenges for university research projects, and may hamper the development of intellectual property — which is considered an indirect cost — for years to come, say attorneys at Snell & Wilmer.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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Is AI Distillation By DeepSeek IP Theft?
A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.
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Pepperdine Case Highlights Shift In Collegiate IP Landscape
A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Patent Prosecution Length Has Surprising Impact On Invalidity
Though practitioners might hypothesize that patents with longer prosecution histories are less likely to have inherent validity problems, a statistical analysis of over 89,000 patents involved in litigation suggests otherwise, say attorneys at Baker Botts.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.