Intellectual Property

  • June 06, 2025

    Exelixis Escapes Cancer Drug Invalidity Bid At PTAB

    Exelixis has beaten back a challenge to one of its patents covering the blockbuster drug Cabometyx after the Patent Trial and Appeal Board denied Azurity Pharmaceuticals' request to review the patent.

  • June 06, 2025

    X Corp., Music Publishers Say They Want To Settle IP Suit

    A copyright dispute between music publishers and X Corp. is heading toward a potential settlement, with both sides on Friday asking a Tennessee federal judge to stay proceedings for 90 days so they can participate in negotiations.

  • June 06, 2025

    Stewart To Review PTAB Refusal To Ax TikTok IPRs

    The acting head of the U.S. Patent and Trademark Office will review a decision by the Patent Trial and Appeal Board refusing to throw out TikTok's bids to invalidate a series of patents related to publishing multimedia content.

  • June 06, 2025

    Expert Witness Biz Says Ex-Worker Stole Trade Secrets

    Litili, a company that connects expert witnesses to attorneys working on civil cases, has brought a lawsuit in California state court against its former account representative, alleging she took the firm's confidential proprietary business information and used it in her new role at a competing business.

  • June 06, 2025

    Honeywell Says 'Patent Troll' Trying To Extort Settlement

    Honeywell is taking aim at a Canadian company that has allegedly pursued nearly 200 infringement lawsuits against various businesses based on the same five patents, saying in a federal complaint that the company is trying to scheme its way into a settlement.

  • June 06, 2025

    OpenAI CEO Calls NYT's ChatGPT Log Demand 'Inappropriate'

    OpenAI CEO Sam Altman and his company have said they intend to appeal a Manhattan federal court order mandating the preservation of ChatGPT logs at the request of The New York Times and other news agencies in ongoing copyright infringement litigation, saying the demand goes too far.

  • June 06, 2025

    Off The Bench: NASCAR Antitrust Saga, White Sox Transfer

    In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.

  • June 06, 2025

    Payment Co. Faces Claims For 'Shockingly Easy' Data Access

    Payment systems company Fiserv Inc. got hit with a data security suit by a credit union that claims its online banking platform is full of security flaws the company has known about for years and that allow "shockingly easy" attacks by cybercriminals.

  • June 06, 2025

    Greenberg Traurig Adds Perkins Coie Tech Transactions Pro

    Greenberg Traurig LLP is expanding its technology team, bringing in a Perkins Coie LLP transactions whiz as a shareholder in its San Diego office.

  • June 05, 2025

    Judge Boosts $2.7M Window Shade Patent Verdict To $5.3M

    A New York federal judge has refused to throw out a jury's verdict finding that lighting fixture company Lutron Electronics infringed a window shade patent owned by GeigTech, finding that Lutron owes $5.3 million in damages rather than the initial $2.7 million amount awarded by the jury.

  • June 05, 2025

    'Sparse' OPM Record On Mass Firings Backs Win, Unions Say

    A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.

  • June 05, 2025

    Musk's X Corp. Seeks Exit From Legal Marketing Co.'s TM Suit

    Elon Musk's Twitter rebrand X Corp. urged a Florida federal judge Wednesday to reject claims that it infringed the trademark of an advertising agency for attorneys, arguing that each company offers different services for different audiences with no chance of consumer confusion.

  • June 05, 2025

    Fed. Circ. Probes IGT Claim That Zynga Couldn't Target Patent

    Gambling technology company IGT faced hurdles Thursday as it argued to the Federal Circuit that mobile game maker Zynga should have been stopped from challenging one of its patents due to an earlier dispute, as the judges questioned whether the issue is appealable.

  • June 05, 2025

    Sens. Float Automatic Biosimilar Interchangeable Label

    A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.

  • June 05, 2025

    Wash. Judge Rejects Spiritual Group's Revived Guru IP Claims

    A Seattle religious group has failed to prove copyright claims against an ex-member over the spiritual teachings of its late founder, a Washington federal judge has ruled following the case's revival on appeal, quipping that time and money spent on the case "vastly exceeds" any evidence of harm.

  • June 05, 2025

    USPTO Wrongly Nixed Art Project Patent App, Court Told

    An art kit company has urged a Virginia federal court to force the U.S. Patent and Trademark Office to reinstate its application for a patent, saying it's being punished because the operator of a patent services company used a licensed practitioner's signature without permission.

  • June 05, 2025

    Fed. Circ. Says Dolby Can't Appeal PTAB Decision In Its Favor

    The Federal Circuit on Thursday dismissed Dolby Laboratories Licensing Corp.'s challenge to Patent Trial and Appeal Board proceedings that it prevailed on, spurning the company's appeal asserting that Unified Patents' failure to identify all of the interested parties should have nullified its case.

  • June 05, 2025

    3rd Circ. Says Amgen Can Proceed With Subpoena In IP Suit

    The Third Circuit on Thursday sided with biotechnology company Amgen Inc. in its efforts to subpoena a competitor that it accused of patent infringement, reasoning that the panel lacked jurisdiction to hear the case because the lower court's decision regarding discovery was not ripe for appeal.

  • June 05, 2025

    Fed. Circ. Backs Apple Loss In PTAB Gesture Patent Fight

    The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's finding that Apple failed to show that a Gesture Technology patent on using cameras to recognize human gestures is invalid, with the majority panel saying the "case should serve as a warning."

  • June 05, 2025

    Major Co. Group Asks Full Fed. Circ. To Review Lashify ITC Case

    A coalition representing big companies including Google and Apple is backing the U.S. International Trade Commission's request that the Federal Circuit rethink its finding that the commission had been wrongly barring domestic expenses related to sales, marketing and other activities from ITC patent cases.

  • June 05, 2025

    Copyright Office Says Registration Delay Had No Legal Impact

    The U.S. Copyright Office said Thursday that a two-week pause on issuing registration certificates last month after its leader was fired did not adversely affect any claimant's rights.

  • June 05, 2025

    Google Dodges Some Claims In Book Publishers' Piracy Suit

    A lawsuit from textbook publishers against Google over the advertisement of pirated books is proceeding with fewer claims, after a Manhattan federal judge dismissed allegations of secondary copyright infringement but maintained a claim that the major tech company violated trademarks through its ads.

  • June 05, 2025

    Pillsbury Brings On Buchalter IP Co-Leader In San Diego

    Pillsbury Winthrop Shaw Pittman LLP is boosting its intellectual property team, announcing Thursday it is bringing on the former co-chair of Buchalter PC's intellectual property practice as a partner in its San Diego office.

  • June 04, 2025

    FX Co. Urges 9th Circ. To Restore Copyright Win Over Disney

    A digital effects company's attorney urged a Ninth Circuit panel at a hearing Wednesday to revive a jury's finding that Walt Disney Pictures vicariously infringed its software by using it on the 2017 movie "Beauty and the Beast" and grant it a new damages trial.

  • June 04, 2025

    Fla. School Urges 11th Circ. To Allow Jury Trial In TM Dispute

    A Florida distance learning school urged the Eleventh Circuit on Wednesday to revive its trademark infringement lawsuit against a rival, arguing it should be allowed to prove to a jury that it sustained actual damages because parents were confused by a competitor's website.

Expert Analysis

  • A Look At Drug Price Negotiation Program's Ongoing Impact

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    More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Opinion

    DOGE Should Address Inefficiency In The Patent Marketplace

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    Elon Musk's Department of Government Efficiency is well positioned to identify to Congress the necessary variability needed among individual patent rights, ensuring that the U.S. Patent and Trademark Office's current inefficiencies do not impede promising inventions from reaching the market, says John Powers at Powers IP.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • IP, Licensing, M&A Trends To Watch In Life Sciences This Year

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    2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

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