Intellectual Property

  • April 09, 2025

    2nd Circ. Allows Takeda To Appeal Actos Antitrust Class Cert.

    A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.

  • April 09, 2025

    Disney Doesn't Deserve $5.7M Fee In 'Moana' Suit, Artist Says

    Disney doesn't deserve $5.7 million in fees for beating an animator's copyright suit accusing it of ripping off his Polynesian adventure story to create "Moana," the plaintiff said Tuesday, arguing his case wasn't frivolous, considering the California federal judge found multiple times that sufficient similarity existed between the works. 

  • April 09, 2025

    Justices Urged To Look At Fed. Circ. Ax Of $13M IP Verdict

    A patent-holding company has asked the U.S. Supreme Court to review a Federal Circuit decision that threw out a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents.

  • April 09, 2025

    Dropbox Can See Case Funding Details In IP Row, Court Says

    A patent owner has to hand over a copy of an agreement it has with a litigation funder as part of its infringement lawsuit against Dropbox over cloud-based file system patents, a federal magistrate judge in California has ruled.

  • April 09, 2025

    Fed. Circ. Says 'Highly Descriptive' Voter TMs Not Protectable

    The Federal Circuit on Wednesday concluded that the Heritage Alliance's trademarks for "iVoterGuide" and "iVoterGuide.com" are highly descriptive and not protectable, rejecting a challenge to the American Policy Roundtable's use of "iVoters" and "iVoters.com" despite a likelihood of confusion between the organizations' marks.

  • April 09, 2025

    Senior PTAB Judge Joins Sterne Kessler's Electronics Team

    The Patent Trial and Appeal Board's vice chief administrative patent judge has left her role after more than a decade to join Sterne Kessler Goldstein & Fox PLLC's electronics practice, the firm has announced.

  • April 09, 2025

    Ex-Qualcomm Executive Convicted Of $180M Fraud

    A federal jury in San Diego has found a former executive at Qualcomm guilty of defrauding the chipmaker by creating a fake company, concealing his connection to it and selling it to Qualcomm for $180 million.

  • April 08, 2025

    Jazz Agrees To Pay $145M To Settle Xyrem Antitrust Fight

    Jazz Pharmaceuticals has agreed to pay $145 million to resolve antitrust litigation accusing it of working with its rival Hikma Pharmaceuticals to stave off generic competitors to Jazz's narcolepsy drug Xyrem, the Ireland-based pharmaceutical company revealed Tuesday.

  • April 08, 2025

    MrBeast Accuses Ex-Employee Of Stealing Confidential Docs

    YouTuber Mr. Beast's media company has hauled a former IT contractor into North Carolina federal court, accusing him of downloading thousands of confidential company documents ahead of his termination — documents the company said have yet to be returned — and leaving behind hidden cameras throughout the company's offices.

  • April 08, 2025

    Charles Schwab, Comerica & More Hit With EDTX Patent Suits

    At least eight banks and financial institutions were caught up in a wave of patent lawsuits filed Tuesday in the Eastern District of Texas over technology covering a way of securing payment systems from data breaches.

  • April 08, 2025

    Ex-Google Engineer Unlikely To Beat AI Trade Secrets Charges

    A California federal judge indicated Tuesday that he's unlikely to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to benefit startups in China, but said he "can't shake the feeling" that prosecutors wouldn't have brought the case if it involved a different country.

  • April 08, 2025

    Patent Challenges By Dell, SAP Sunk By Upcoming Trials

    The Patent Trial and Appeal Board has refused to review several patents challenged in inter partes review petitions filed by Dell, SAP America and others, citing upcoming infringement trials in Texas.

  • April 08, 2025

    ITC Won't Rethink NJOY Loss In Vape Patent Case

    The U.S. International Trade Commission on Tuesday refused to undo part of a finding that Altria's NJOY brand vaping products infringed a patent owned by rival Juul, leaving fully in place a ban on imports of infringing products.

  • April 08, 2025

    Patent Attys Challenge Sanctions In Renesas Litigation

    Texas intellectual property lawyer William Ramey III and two other attorneys have pushed back against a California magistrate judge's sanctions against them in patent litigation, saying that the parties never gave the judge the ability to issue sanctions and that a written rebuke would be better.

  • April 08, 2025

    ArentFox Schiff Loses Rolling Stones IP Atty To Barton

    Music rights heavyweight Ross Charap is moving from his longtime perch at ArentFox Schiff LLP to Barton LLP, bringing with him clients like The Rolling Stones and the estate of international opera star Jessye Norman.

  • April 08, 2025

    Houston Atty Asks Court To Back $6.3M Verdict Against Rival

    A Houston attorney urged a Texas appellate court Monday to back a $6 million verdict against a rival lawyer he accused of stealing his files in an attempt to recruit clients to file malpractice suits.

  • April 08, 2025

    Nokia Says Hisense TVs Rip Off Its Video Tech

    Chinese consumer technology firm Hisense was slapped with a patent infringement lawsuit from Nokia Technologies, alleging it sold millions of products that infringe Nokia's video processing innovations while refusing to negotiate a standard licensing agreement.

  • April 08, 2025

    Small But Sharp Hurdles Remain To NCAA's NIL Settlement

    Nearly a year after the NCAA and hundreds of thousands of athletes agreed on a settlement that would finally give athletes a share of billions of dollars in revenue, enough flaws remain in the agreement — related to roster limits and the rights of future athletes entering the new system — to indefinitely hold off on its final approval.

  • April 08, 2025

    Warner Bros. Wants Rights Protected In Film Co. Ch. 11 Sale

    Warner Bros. has objected to the proposed Chapter 11 bidding procedures and debtor-in-possession financing of bankrupt Village Roadshow, asking the court to protect its rights to more than 90 films the parties co-produced and keep its cut of the proceeds ahead of other creditors.

  • April 08, 2025

    Fed. Circ. Considers Sandoz's Bid To Undo $39M Patent Loss

    The Federal Circuit on Tuesday grappled with Sandoz's challenge to a $39 million verdict against it in Allergan's eyelash growth drug patent infringement case, with one judge questioning the generic-drug maker's argument that a decade-old decision involving a similar patent forestalls the current case.

  • April 08, 2025

    Pacira Reaches IP Deal Allowing Generic Painkiller In 2030

    Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.

  • April 08, 2025

    Judge Preserves Psilocybin Trade Secrets Theft Suit

    A Maryland federal judge has denied a British healthcare company's bid to dismiss a lawsuit alleging it stole trade secrets relating to a novel method of treating depression with psilocybin, the active ingredient in psychoactive mushrooms.

  • April 08, 2025

    Birkenstock IP Foe Eyes Settlement As Shoemaker Balks

    A Massachusetts-based shoemaker locked in an intellectual property battle with Birkenstock asked a federal judge on Tuesday to deny the sandal-making giant's request to push back a scheduled mediation, saying the case is ripe for settlement talks.

  • April 08, 2025

    Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use

    A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.

  • April 08, 2025

    Alston & Bird Adds Littler IP Litigator In San Francisco

    Alston & Bird LLP is growing its intellectual property team, announcing Tuesday it is bringing in a Littler Mendelson PC litigator as a partner in its San Francisco office.

Expert Analysis

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    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

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    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

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    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

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    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
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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Trends In Section 101 Motions 6 Years After Berkheimer

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    A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.

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