Intellectual Property

  • 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.

  • June 20, 2025

    Fed. Circ. Revives MSN Challenge To Bausch IBS Drug Patent

    The Federal Circuit has instructed the Patent Trial and Appeal Board to take another crack at evaluating the validity of a drug patent owned by Bausch Health Ireland Ltd., holding that the PTAB's initial decision lacked the detail needed to determine whether it was right or wrong.

  • June 20, 2025

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

    This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.

  • June 20, 2025

    Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals

    In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.

  • June 20, 2025

    Judge Denies Raw Story, AlterNet's Bid To Revive OpenAI Suit

    A Manhattan federal judge has denied a request from AlterNet and Raw Story to reconsider the dismissal of their lawsuit accusing OpenAI of removing author and copyright information from material to train ChatGPT, saying the plaintiffs can appeal to the Second Circuit.

  • June 20, 2025

    Tech Firm Says AI Case Puts Patent Law At 'Breaking Point'

    An analytics firm has told the Federal Circuit that a case involving machine learning patents pushes patent eligibility jurisprudence to "its breaking point," asking for the full circuit to hear the case after a panel ruled that its patents for using machine learning to schedule TV broadcasts were invalid.

  • June 20, 2025

    Nike, Shoe Surgeon Settle TM Suit Over Custom Sneakers

    Nike has agreed to settle a trademark lawsuit it brought in New York against a Los Angeles-based sneaker customizing company called The Shoe Surgeon and others for direct and contributory infringement, with the defendants agreeing to pay an undisclosed sum to the sports apparel giant.

  • June 20, 2025

    Patent Suit Against Alibaba Dropped After Sanctions Bid

    Cooperative Entertainment Inc. has ended its patent lawsuit against Alibaba Cloud US LLC after the latter company sought to have the case thrown out earlier this month as a sanction for what it said was "extreme" conduct by opposing counsel.

  • June 20, 2025

    Artist Accuses Hachette Of AI-Created Copyright Violations

    A freelance artist accused Hachette Book Group of using artificial intelligence to create derivative book covers of copyrighted artwork he created for books authored by romance and thriller novelist Sandra Brown.

  • June 18, 2025

    Rapid-Fire Gun Trigger Maker Accuses Rival Of Infringing IP

    Patent holder ABC IP LLP and gun trigger maker Rare Breed sued a gun company in Ohio federal court, accusing it of selling a "super safety" device that's infringing a patent related to a forced-reset trigger that speeds the rate of fire for AR-15-style firearms.

  • June 18, 2025

    Kumho Tire Says NC Seller Is Ripping Off Trademarks

    Georgia-based tire maker Kumho Tire USA Inc. is going after an Amazon seller for alleged Lanham Act violations, saying North Carolina-based GE Tires Online Inc. is selling tires using its trademarks and branding them as new when they are "used, closed-out, liquidated, counterfeit, and/or nongenuine."

  • June 18, 2025

    Apple Gets PTAB To Ax All Claims Of Biometric Patent

    The Patent Trial and Appeal Board has found that Apple proved that claims across a Proxense patent on biometric verification technology are invalid, holding that they were obvious.

  • June 18, 2025

    Fed. Circ. Blocks ITC Sanctions Appeal Without Import Tie

    The Federal Circuit does not have jurisdiction to review whether the U.S. International Trade Commission properly denied Realtek's request for sanctions based on a third-party licensing agreement, as it has no bearing on the question of illegal imports, the court concluded Wednesday.

  • June 18, 2025

    Split 9th Circ. Partly Undoes Walmart Copyright Verdict

    The Ninth Circuit on Wednesday reversed part of a jury's verdict that found Walmart had violated a sculptor's copyrights by selling knockoffs of her lamps, allowing the retail giant to escape paying her attorney fees for now.

  • June 18, 2025

    Chicago Trading Firm Accuses Rival Of Trademark Infringment

    A Chicago-based futures prop trading firm filed a trademark infringement lawsuit against a competitor in Illinois federal court Tuesday, claiming its rival has adopted a nearly identical name and has used it to advertise very similar services "with the intention of deceiving and misleading the public."

  • June 18, 2025

    FDA Dodges Suit Over Ozempic, Wegovy Listing

    The U.S. Food and Drug Administration was able to escape allegations that it catered to Big Pharma by nixing cheaper versions of the miracle weight loss drug Ozempic, after a Texas federal judge tossed a lawsuit from two compounding pharmacies.

  • June 18, 2025

    Judge Warns Overeager Samsung, ZTE Attys Not To Bug Staff

    A California federal judge has issued a short, stern warning to counsel in Samsung's antitrust fight against ZTE over its standard essential patents' licensing practices, telling counsel not to contact court staff again about the status of their pending stipulation and noting "future improper communications to court staff may result in sanctions."

  • June 18, 2025

    Netflix Gets Fed. Circ.'s Backing In Streaming Patent Fight

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board finding that invalidated claims in a streaming patent challenged by Netflix while also vacating the board's decision to decline to scrub other claims.

  • June 18, 2025

    News Orgs Urge Court To Stick With OpenAI Evidence Order

    A group of news organizations has asked a Manhattan federal judge to reject OpenAI's request to terminate an order for it to retain output log data for user conversations with ChatGPT, saying the order is necessary to prevent the company from deleting further evidence in a case alleging news articles were improperly used to train the generative artificial intelligence model.

  • June 18, 2025

    Dorsey & Whitney Adds Patent Partner From Perkins Coie

    Dorsey & Whitney LLP has grown its intellectual property offerings in Washington state with the addition of an experienced patent attorney from Perkins Coie LLP.

  • June 18, 2025

    Union Praises NY Bills On AI In Advertisements, Digital Rights

    Entertainment labor union SAG-AFTRA has applauded the passage of two bills by the New York State Legislature that would require the disclosure of advertisements' use of artificial intelligence-generated performers and for permission to be obtained to use digital renderings of deceased performers in expressive works.

  • June 18, 2025

    NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'

    A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.

  • June 18, 2025

    Fed. Circ. OKs Google's PTAB Win In Sonos Patent Fight

    The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that claims in a Sonos music playback patent were invalid, handing a win to Google in a larger fight between the companies.

  • June 18, 2025

    Flaster Greenberg The Latest To Launch AI Services

    Flaster Greenberg PC has announced the firm expanded its privacy and cybersecurity group to include artificial intelligence matters, becoming the latest firm to formalize its legal services related to the technology.

  • June 17, 2025

    Mass. Judge Temporarily Blocks DOD Research Funding Cuts

    A Massachusetts federal judge on Tuesday issued a temporary restraining order blocking the Trump administration's planned cuts to U.S. Department of Defense-funded research, granting the injunction just a day after a slew of institutions sued on allegations that the move would "stop critical research in its tracks."

Expert Analysis

  • 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.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks

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    Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

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