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Intellectual Property
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June 24, 2025
Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban
California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.
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June 24, 2025
Fed. Circ. Adds Groombridge Wu Partner To Advisory Council
The Federal Circuit said Tuesday that it will add Jennifer Wu, a founding partner at Groombridge Wu Baughman & Stone, to an advisory council that studies and makes recommendations to the court's rules and operating procedures.
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June 24, 2025
US Chamber Says Copyright Infringement Costing Billions
A report released Tuesday from the U.S. Chamber of Commerce said copyright infringement is costing the U.S. economy billions of dollars each year and resulting in hundreds of thousands of lost jobs.
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June 24, 2025
Greenberg Traurig Adds Hogan Lovells Tech Litigator In SF
Greenberg Traurig LLP is boosting its intellectual property team, announcing Tuesday that a technology litigator from Hogan Lovells is joining its San Francisco office as a shareholder.
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June 24, 2025
Fed. Circ. Backs Unified Patents' PTAB Win Over Streaming IP
The Federal Circuit refused to revive a pair of claims in a DivX streaming patent, backing a Patent Trial and Appeal Board decision that said challenger Unified Patents was able to show the claims were invalid.
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June 24, 2025
House Reps. Seek Copyright Protections For Building Codes
Two members of Congress reintroduced a bill that would allow organizations that develop standards and codes for buildings to copyright their work so long as they offer a free version of the information.
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June 24, 2025
Anthropic Can Train AI On Books But Faces Trial On Pirating
A California federal judge said artificial intelligence firm Anthropic can use books to train its LLM under the principle of fair use, but said the company would go to trial against a group of authors over the storage of millions of pirated books.
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June 24, 2025
Pet Product Co. Eyes Sanctions For Competitor In IP Row
A pet products company asked a Connecticut federal judge to sanction a competitor for allegedly evading service and contradicting itself in its arguments during the parties' dispute over a pet grooming tool patent, arguing the rival firm has wasted time and disrespected the judicial process.
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June 23, 2025
Palantir Reaches Deal With Ex-Employees In AI Secrets Case
Palantir Technologies Inc. has reached a settlement with former employees it accused of stealing trade secrets to launch a competing artificial intelligence business, according to a notice asking a New York federal judge to let Palantir permanently dismiss its claims.
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June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar
A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
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June 23, 2025
X Nears Deal In Contract, Antitrust Fight With Data Scraper
A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.
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June 23, 2025
Western Digital Gets $553M Patent Judgment Slashed To $1
A California federal judge has agreed to wipe out a $553 million verdict against Western Digital for infringing a SPEX Technologies Inc. data security patent, instead finding that Western Digital owes just $1, according to an order docketed Monday.
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June 23, 2025
DraftKings Social Media Exec Agrees To Delete Rival's IP
A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.
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June 23, 2025
NC Judge Axes Trucking Co.'s Noncompete For Overreach
A North Carolina state court judge has truncated a freight factoring company's suit accusing its former client services supervisor of luring clients to a competing business, finding that the complaint fell short of identifying the allegedly stolen trade secrets and that the former employee's noncompete is too broad to be enforced.
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June 23, 2025
Litigation Funders Fight 'Kill Shot' In 'Big Beautiful Bill'
Litigation funders are in panic mode over a provision in the massive federal spending bill that would impose a 41% punitive tax on the $16 billion industry, with one executive calling it a "kill shot" and an academic warning it amounts to "unprecedented" weaponization of the U.S. tax code.
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June 23, 2025
Buchalter Adds Trademark Pro From Hanson Bridgett In SF
Buchalter PC is expanding its intellectual property team, bringing in a Hanson Bridgett LLP trademark and copyright specialist as shareholder in its San Francisco office.
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June 23, 2025
Justices Call For SG's Take On Skinny Label Petition
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on so-called skinny labels as Hikma Pharmaceuticals fights the reinstatement of litigation challenging its generic version of Amarin Pharma's blockbuster cardiovascular drug Vascepa.
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June 23, 2025
Hayes Estate Slams Fee Bid In Copyright Suit Against Trump
Isaac Hayes' estate, which is suing President Donald Trump and his election campaign over their use of one of the late soul legend's songs, has urged a Georgia federal court to reject a conservative group's bid for attorney fees after its dismissal from the lawsuit, saying the complaint is not frivolous.
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June 23, 2025
Asus Beats Lenovo's Patent-Based Bid To Bar Laptop Imports
The U.S. International Trade Commission has terminated a case related to Chinese computer firm Lenovo's efforts to use patent laws to block Taiwanese electronics-maker Asus from importing some of its Zenbook laptops.
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June 23, 2025
Medical AI Co. Says Rival Targeted 'Crown Jewel' Source Code
OpenEvidence, a Massachusetts artificial intelligence company focusing on medical information, has filed a lawsuit in federal court accusing a competitor of using misappropriated personal information and sophisticated prompts in an attempt to pry trade secrets from the startup's platform.
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June 23, 2025
OpenAI Temporarily Blocked From Using IO Co. Trademark
OpenAI was temporarily blocked from using the trademark associated with acquired competitor IO Products Inc. by a California federal judge who said the mark poses a risk of confusion for technology company IYO Inc.
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June 23, 2025
9th Circ. Won't Revisit Opinion In Sam Smith Copyright Case
The full Ninth Circuit will not revisit a three-judge panel's decision to revive a lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger."
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June 20, 2025
Unsettling Expectations: Stewart Broadens Denials Again
The acting U.S. Patent and Trademark Office director has again held that patent owners eventually have the right to assume their patents won't be challenged in inter partes reviews, which many attorneys say is upsetting their understanding of how to navigate the Patent Trial and Appeal Board.
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June 20, 2025
High Court Urged To Rein In FDA Oversight Of Stem Cells
The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.
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June 20, 2025
Micron Can't Undo $445M Patent Loss Due To Biden Remarks
A Texas federal judge has rejected Micron's challenges to a $445 million verdict against it for infringing Netlist computer memory patents, including a claim that it was prejudiced by Netlist suggesting to a jury that Micron benefited from ex-President Joe Biden's policies.
Expert Analysis
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Unpacking USPTO Foreign Fraudulent Trademark Crackdown
The recent show cause order issued by the U.S. Patent and Trademark Office to Shenzhen Seller Growth Network Technology Co. Ltd. and its affiliates could lead to the cancellation of approximately 42,000 trademark registrations, highlighting the necessity of heightened vigilance in vetting foreign trademark filings, says Judy Yen at Omnus Law.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Patent Prosecution Length Affects Infringement Findings
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.