Intellectual Property

  • September 12, 2025

    Google Gets IP Claims Against Some AI Products Tossed

    A California federal judge trimmed Thursday a consolidated proposed class action alleging Google's artificial-intelligence training models infringed artists and writers' copyrights and dismissed its parent company Alphabet altogether, finding that the creators can only pursue claims implicating six out of 16 of Google's AI products.

  • September 12, 2025

    Dentons Ducks Chinese Vape-Maker's Hacking Suit

    Dentons has officially escaped allegations it helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, in part by hacking into its founder's laptop to access confidential information, according to newly filed documents.

  • September 12, 2025

    Stewart Issues New Slate Of Discretionary Denials

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.

  • September 12, 2025

    Tootsie Roll Sues Rival Candy Seller Over 'Tootsi' Mark

    Confectionery giant Tootsie Roll Industries filed a trademark infringement suit in Illinois federal court Thursday against Tootsi Impex for using a confusingly similar name, Tootsi, to sell competing candy products, more than 20 years after it opposed the defendant's design mark application to use the name in Canada.  

  • September 12, 2025

    Jury Awards Mallinckrodt $9.5M In Nitric Oxide Patent Suit

    A Delaware federal jury awarded Mallinckrodt Pharmaceuticals almost $9.5 million on Friday, finding that French industrial gas company Airgas Healthcare infringed patents covering its inhaled nitric oxide treatment.

  • September 12, 2025

    Novartis Takes Entresto Bench Trial Loss To Fed. Circ.

    Novartis urged the Federal Circuit on Friday to save it from a Delaware federal judge's holding that generic-drug maker MSN Pharmaceuticals did not infringe a patent covering the blockbuster cardiovascular drug Entresto.

  • September 12, 2025

    Hytera Fights Motorola's Contempt Bid Over Subsidiary Sale

    Hytera Communications Corp. has urged an Illinois federal judge to reject Motorola Solutions' bid to hold it in contempt for using subsidiary sale funds to pay off lenders instead of paying Motorola what it's owed under a trade secrets judgment, arguing it shouldn't be punished for conducting ordinary business.

  • September 12, 2025

    Shein Uses AI To Steal Popular Designs, Suit Claims

    Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.

  • September 12, 2025

    Fed. Circ. Affirms PTAB's Slicing Of Fracking Patent Claims

    The Federal Circuit on Friday backed a Patent Trial and Appeal Board decision invalidating claims in a patent relating to hydraulic fracturing pump technology, finding that the tribunal had sufficient evidence supporting its conclusion that the claims were obvious.

  • September 12, 2025

    What To Know About Anthropic's Pending $1.5B IP Settlement

    The largest settlement in copyright history may still materialize, but the path for authors and Anthropic negotiating a $1.5 billion agreement is filled with challenges, including determining what portion of the millions of books the tech company allegedly downloaded from pirate sites is eligible for compensation.

  • September 12, 2025

    Samsung, Headwater End Patent Fights After $279M Verdict

    Headwater Research has agreed to end a series of lawsuits accusing Samsung of infringing various wireless communications patents, including one where a jury had found Samsung owed nearly $279 million.

  • September 12, 2025

    Snoop Dogg's Ice Cream Brand Battles 'Swizzle' TM Claim

    Rapper Snoop Dogg's ice cream brand is seeking a Connecticut federal judge's help to dodge a claim that its use of the word "Swizzle" is an act of trademark infringement, asking for the court to declare that Edible Arrangements is illegally trying to create a monopoly.

  • September 12, 2025

    In Fees Fight, OpenAI Rival Says TM Case Not Exceptional

    Nothing "stands out" from a successful trademark case brought by OpenAI against Open Artificial Intelligence Inc., the latter company told a California federal judge, urging the court to deny OpenAI's request to make it pay $10 million in attorney fees.

  • September 12, 2025

    Del. Judge Says Pet Med Co. Founder Liable For $40.2M

    A Delaware Superior Court judge has ruled the founder of a veterinary orthopedic implant venture must indemnify the company's recent buyer for $40.2 million from a $70 million patent infringement-related settlement, while capping the cumulative liability award after other costs at $55 million and awaiting proposals covering interest awards.

  • September 12, 2025

    Fed. Circ. Backs $3.5M Award In Wallet Gadget Patent Case

    The Federal Circuit held Friday that it won't undo Dynamite Marketing's $3.5 million win in a suit in which a jury found that WowLine Inc. infringed a patent covering the Wallet Ninja, upholding awards for both damages and attorney fees.

  • September 12, 2025

    Texas Jury Finds AT&T Didn't Infringe Telecom Patent

    A Texas federal jury has found that Irish company Daingean Technologies Ltd. hadn't proven that AT&T infringed a telecommunications patent when it launched its 5G phone service networks.

  • September 12, 2025

    Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims

    A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.

  • September 12, 2025

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

    This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.

  • September 11, 2025

    Google's 'Failure To Communicate' In AI Fight Irks IP Judge

    A California magistrate judge presiding over discovery in a proposed class action alleging Google's artificial-intelligence training models infringed artists' copyrights on Thursday refused, for now, to appoint a special master after plaintiffs accused Google of delaying data production by months, but she expressed frustrations with Google counsel's "failure to communicate."

  • September 11, 2025

    Apparel Co. Accuses Google Of Helping Copyright Infringers

    An apparel company that sells shirts themed around America and competitive drinking sued Google on Thursday in Ohio federal court, claiming the search engine giant assists online retailers that make copycats of its products.

  • September 11, 2025

    9th Circ. Revives 'Beauty' FX Copyright Verdict Against Disney

    The Ninth Circuit on Thursday revived a verdict that Walt Disney Pictures vicariously infringed a digital effects company's facial-motion capture software by using it for the 2017 "Beauty and the Beast" film, saying the tech company presented sufficient evidence for jurors to find Disney could have stopped its effects contractor's infringement.

  • September 11, 2025

    Ex-USPTO Solicitor Says Squires Is Better Than No One

    A former U.S. Patent and Trademark Office solicitor is asking the U.S. Senate to confirm John Squires as USPTO director, saying political accountability has become more important than finding a candidate who is right for the job.

  • September 11, 2025

    PTAB To Review Nike Flyknit Patent After Stewart Remand

    The Patent Trial and Appeal Board has agreed to institute review of a patent covering Nike Inc.'s Flyknit line of sneakers, after the acting head of the U.S. Patent and Trademark Office revived Skechers' challenge to the patent.

  • September 11, 2025

    Tesla, Musk And WB Slice Off 'Blade Runner' IP Claims

    A California federal judge tossed several claims Thursday from Alcon Entertainment's lawsuit alleging Tesla, its CEO Elon Musk and Warner Bros. Discovery used an image that infringes "Blade Runner 2049," while chastising the plaintiff for a 96-page complaint he said showcases a "proclivity towards overdoing things."

  • September 11, 2025

    NC Justices Ponder How Much Of Firm Value Atty's Ex Gets

    North Carolina's top court hinted Thursday that a solo attorney's ex-wife may be able to claim at least a morsel of his law firm's worth in their divorce, as the justices pondered whether to draw a distinction between two types of business value known as personal and enterprise goodwill.

Expert Analysis

  • Fed. Circ. In March: Forfeiting Claim Construction On Appeal

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    The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.

  • AI Use In Class Actions Comes With Risks And Rewards

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    The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

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    The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • How Courts Weigh Section 1782 Discovery For UPC Cases

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    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.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    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.

  • Unpacking FTC's New Stance On Standard-Essential Patents

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    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.

  • Unpacking USPTO Foreign Fraudulent Trademark Crackdown

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    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.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    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.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    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.

  • How Patent Prosecution Length Affects Infringement Findings

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    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.

  • Takeaways From Gov't Report On AI Copyrightability

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    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.

  • Strategies To Help Witnesses Manage Deposition Anxiety

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    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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