Intellectual Property

  • September 23, 2025

    Daybreak Wins Injunction Over EverQuest Copycat

    The company behind the online game EverQuest has been granted a preliminary injunction in California federal court against individual defendants over an unauthorized emulator of the game that allegedly makes use of copyrighted content.

  • September 23, 2025

    Fed. Circ. Gives Bayer Chance To Save Xarelto Patent Claims

    The Federal Circuit revived several claims of a patent underpinning Bayer Pharma Aktiengesellschaft's blockbuster blood thinner Xarelto on Tuesday, sending the challenge brought by Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc. and a Cipla unit back to the Patent Trial and Appeal Board.

  • September 23, 2025

    Apple Gets Judge To Ax MyPort Patent Suit Under Alice

    A Delaware federal court on Tuesday tossed for now MyPort Technologies Inc.'s lawsuit claiming Apple Inc. infringed four patents with its smartphones and tablets, finding all the patents were just "conventional."

  • September 23, 2025

    How Attys Are Riding The Mass. Biotech 'Roller Coaster'

    The first half of 2025 saw the Massachusetts biotech industry post bleak numbers, including a dip in venture capital funding and merger activity, leaving attorneys looking for creative ways to help companies with fewer public and private dollars.

  • September 23, 2025

    Cantor Fitzgerald, Citibank Hit With Trading Patent Suits

    Several financial services businesses, including Citibank and Secretary of Commerce Howard Lutnick's former firm Cantor Fitzgerald, have been sued in New York and Texas federal court over their alleged infringement of a trading patent.

  • September 23, 2025

    Fed Circ. Won't Rehear Dolby's Bid To Identify PTAB Party

    The Federal Circuit on Tuesday denied Dolby Laboratories Licensing Corp.'s request for a panel rehearing or for the full circuit to hear its appeal of a Patent Trial and Appeals Board proceeding that it prevailed in but in which it claims not all interested parties were identified.

  • September 23, 2025

    Gibson Gets $1 Guitar TM Award Upped To $168K

    After a Texas federal jury awarded guitar maker Gibson just $1 in damages from a Florida-based competitor found to have infringed trademarks for its iconic guitar shapes, a federal judge increased the award to just over $168,000 in disgorgement of profits earned through infringement.

  • September 23, 2025

    Judge Slams Hogan Estate's Standing For Sex Tape Film Suit

    A Florida federal judge who dissolved an order blocking the release of a documentary that features excerpts of Hulk Hogan's sex tape faulted representatives of his estate for bringing the lawsuit before being authorized to do so, while also saying their copyright claim might fail because of fair use.

  • September 23, 2025

    Minnesota's Deepfake Crackdown Foreshadows Legal Clashes

    Minnesota's law cracking down on deepfake videos aimed at influencing elections has drawn separate court challenges to stop its enforcement, including one by X Corp., offering a glimpse into the hurdles other states and Congress may face as they address the proliferation of digital replicas created with artificial intelligence.

  • September 23, 2025

    Admin Argues Copyright Chief Seeks 'Sweeping Remedies'

    The Trump administration told a D.C. federal court that it had the authority to remove Shira Perlmutter as head of the U.S. Copyright Office, saying her suit over her firing seeks "sweeping remedies" she isn't entitled to.

  • September 23, 2025

    Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.

    An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.

  • September 23, 2025

    Cannabis Fertilizer Cos. Say They've Made Peace In TM Case

    Rival fertilizer-makers Athena AG Inc. and Advanced Nutrients US LLC have reached a tentative deal to end a trademark dispute involving their cannabis-focused products, the companies told a federal judge in Washington just days after the court cleared the case for trial.

  • September 22, 2025

    4th Jury Will Consider MGA, T.I.'s OMG Doll Dispute

    A California federal judge who tossed a jury's $53.6 million punitive damages award against MGA Entertainment for willfully infringing the trade dress of a pop group co-owned by hip hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris said Monday he would order a new jury to consider whether to award punitive damages.

  • September 22, 2025

    Judge Gets More Details On Proposed $1.5B Anthropic IP Deal

    Authors who have inked a proposed $1.5 billion deal to end their copyright class action against artificial intelligence developer Anthropic PBC are saying they have worked out all the issues a California federal judge pointed out when he initially declined to give the deal approval.

  • September 22, 2025

    Intel, Apple Hit With Patent Suit Over Transceiver Tech

    A company that makes transceiver technology hit tech giants Apple and Intel with patent infringement claims, alleging that Intel has known of the protected technology for years but manufactured transceivers for Apple that were used in multiple generations of iPhones.

  • September 22, 2025

    Newman Urges Full DC Circ. To Let Judges Sue Their Courts

    U.S. Circuit Judge Pauline Newman has invoked a D.C. Circuit panel's "implicit invitation" for the full court to reconsider precedent limiting the rights of disciplined judges, as she continues to fight her suspension.

  • September 22, 2025

    Lighting Patent Case Against Warner Bros., Sony Stays Alive

    A Delaware federal court has refused to let entertainment industry titans Warner Bros. Entertainment, Sony Pictures Entertainment and Fox Corp. dodge a suit claiming they infringed various lighting patents, but agreed to trim some of the case.

  • September 22, 2025

    Judge Tosses TM Suit Over Doctored Photo Of Protesters

    A North Carolina federal judge has dismissed a trademark infringement suit, some of it permanently, alleging a restaurant altered a picture of a group of drag show protesters into an image promoting the event and the venue's food, ruling that images of the protesters are not marks.

  • September 22, 2025

    Stewart Wants More Info On Nixed Chip Patent In $11M Verdict

    The deputy director of the U.S. Patent and Trademark Office has issued an order allowing a company to challenge a Patent Trial and Appeal Board ruling that invalidated a claim in its semiconductor patent, citing a contrary result in federal district court litigation.

  • September 22, 2025

    Hasbro Faces Copyright Suit Over Star Wars Helmet Inserts

    Hasbro Inc. was sued in Georgia federal court by a hobbyist who alleges a line of inserts and liners the company makes for its Star Wars-themed helmets infringe his copyright for inserts and liners he creates for fan-made helmets.

  • September 22, 2025

    Social Media Co. Calls For Disqualification Of Influencer's Atty

    A social media optimization company has moved to disqualify a social media influencer's attorney from a copyright infringement suit in Texas federal court, saying attorneys from the same firm had previously met with the company in meetings where confidential information was discussed.

  • September 22, 2025

    Pa. Court Backs Toss Of Malpractice Suit Against NY Atty

    A Pennsylvania appellate court won't revive a paint removal chemical company's malpractice suit against an intellectual property attorney it had hired to review one of its products, saying there weren't enough ties to the commonwealth for the case to proceed there.

  • September 19, 2025

    Stewart Issues Mixed Bag Of Referrals, Denied Petitions

    Coke Morgan Stewart issued some of her final decisions as acting director of the U.S. Patent and Trademark Office, discretionarily denying a host of petitions for Patent Trial and Appeal Board review, while also referring a group of Apple Inc.'s petitions to the board for scrutiny.

  • September 19, 2025

    Squires Confirmation Has Patent Attys Hoping For Stability

    Now that the U.S. Senate has confirmed John Squires to serve as director of the U.S. Patent and Trademark Office, attorneys are looking for him to provide clear rules and consistent practices, saying the current requirements keep changing.

  • September 19, 2025

    Call For Gov't Cut Of University Patent Cash Spurs Concern

    Commerce Secretary Howard Lutnick's comments that the government should get as much as half of the revenue that universities generate from patents developed with federal funding have caused worry among industry groups and attorneys, who say it would inhibit efforts to commercialize publicly funded inventions.

Expert Analysis

  • Prospects And Challenges For Expert Evidence At The UPC

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    Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • Increased Tariffs Create Opportunity To Protect IP Rights

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    Heightened tariffs on certain foreign imports have created operational and fiscal challenges for companies, but the corresponding increase in customs inspections could offer a silver lining of more consistent enforcement against counterfeit and infringing goods, says Andraya Pulaski Brunau at Day Pitney.

  • Prior Art Ruling Highlights Importance Of Detailed Elaboration

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    The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Section 899 Could Be A Costly Tax Shift For US Borrowers

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    Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Opinion

    Anti-Counterfeiting Efforts Must Hold China Accountable

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    As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.

  • Securing IP Protection For AI Avatars

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    As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity

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    Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.

  • Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling

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    After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Strategies For Litigating In The Unified Patent Court

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    Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.

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