Intellectual Property

  • June 25, 2025

    Ex-Google Engineer Nixes Evidence Over Miranda Violation

    A California federal judge has ordered that statements a former Google engineer made to federal agents investigating him for espionage and trade secret theft must be suppressed because they violated the Chinese national's Miranda rights.

  • June 25, 2025

    Stroller Maker Can't Escape Rival's Patent Suit

    A Massachusetts federal judge has denied a bid from a baby products company to escape patent infringement claims from a rival, saying the eight years of inaction between the case being filed and when the parties last corresponded about the patent was not enough to reasonably assume that the patent wouldn't be enforced.

  • June 25, 2025

    Atty's Ex-Wife Tells NC Justices She's Owed Half Firm's Worth

    The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution.

  • June 25, 2025

    Feds Remark On Injunction Bid In IP Suit Against Samsung

    Nonpracticing entities are allowed to get preliminary injunctions in patent cases in situations where a patent owner can show that it would be irreversibly harmed without one, the federal government has said in an infringement case against Samsung.

  • June 25, 2025

    Farm Products Co. Sues Ex-Owner Over Trade Secrets Theft

    Agricultural products company AgXplore sued a former owner claiming that after a $100 million buyout he continued to compete with the company and misappropriated its trade secrets.

  • June 24, 2025

    Wash. Smoke Shop Settles Store Name TM Suit

    A Washington smoke chain has agreed to end claims against several rivals it accused of trademark infringement after they allegedly engaged in unauthorized use of its name, Smoke City, so they could trade on the goodwill it had developed with customers.

  • June 24, 2025

    Anthropic Copyright Ruling May Spur More AI Licensing Deals

    The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.

  • June 24, 2025

    Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.

    Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.

  • June 24, 2025

    Sirius XM Fee Suit Undermined By Site Changes, Judge Hints

    A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

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    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

  • Is AI Distillation By DeepSeek IP Theft?

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    A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.

  • Pepperdine Case Highlights Shift In Collegiate IP Landscape

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    A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • Patent Prosecution Length Has Surprising Impact On Invalidity

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    Though practitioners might hypothesize that patents with longer prosecution histories are less likely to have inherent validity problems, a statistical analysis of over 89,000 patents involved in litigation suggests otherwise, say attorneys at Baker Botts.

  • Managing Anti-Corporate Juror Views Revealed By CEO Killing

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    After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.

  • Opinion

    2 Errors Limit The Potential Influence Of AI Fair Use Case

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    The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling

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    The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • What Reuters Ruling Means For AI Fair Use And Copyright

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    A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.

  • Evidence Rule May Expand Use Of Out-Of-Court Statements

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    A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

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