Intellectual Property

  • October 02, 2025

    Tesla Can't Nix Battery Maker's Arbitration Award, Judge Rules

    A California federal judge has confirmed an arbitration award that guarantees a battery maker's right to sell its dry battery electrode equipment to parties other than Tesla, rejecting Tesla's contention that an arbitrator disregarded the law when interpreting the companies' intellectual property rights in the equipment.

  • October 02, 2025

    Merrill Lynch Raid Suit Paused For FINRA Arbitration

    A Georgia federal judge stayed Merrill Lynch's case alleging Dynasty Financial Partners, Charles Schwab and a dozen former employees conspired to start a new firm with Merrill's staff and confidential information one day after denying the company's bid for an injunction.

  • October 02, 2025

    Apple IP Suit Stayed As Appeal In Samsung Case Plays Out

    A California federal judge on Thursday stayed litigation claiming certain Apple touchscreen products infringe a Michigan company's patent, while the same company appeals a separate case against Samsung, but the judge tipped his hand by saying the Samsung judge's opinion tossing that dispute "made perfect sense to me."

  • October 02, 2025

    Squires Reverses Blackhawk's PTAB Loss, Citing Bad Expert

    U.S. Patent and Trademark Office Director John Squires reversed the Patent Trial and Appeal Board's invalidation of a Blackhawk Network Inc. lottery ticket patent and ended the challenge altogether Wednesday in his first director review decision.

  • October 02, 2025

    Fed. Circ. Affirms Cutting $10M Med Device IP Verdict To $1

    The Federal Circuit on Thursday said a lower court had properly reduced to $1 what had been a $10 million patent infringement verdict against Intuitive Surgical Inc., saying any amount between the two figures "would require improper guesswork," given the lack of evidence on damages.

  • October 02, 2025

    LinkedIn Sues Over Alleged 'Industrial-Scale' Data Scraping

    LinkedIn Corp. sued ProAPIs, Netswift and its co-founder Rehmat Alam in California federal court Thursday, alleging the software-makers operate "industrial-scale" data scraping mills that violate LinkedIn's terms and numerous other laws by continuously creating fake accounts to extract LinkedIn's member data, which they then sell without permission.

  • October 02, 2025

    Honeywell, Rival End 4th Circ. Barcode Royalty Clash

    A Japanese laser technology company and rival Honeywell International Inc. together concluded one chapter in a long-running patent and royalty battle over barcodes, just weeks before the case was slated for oral arguments at the Fourth Circuit.

  • October 02, 2025

    Healthcare AI Co. Says Biz Partner Holding IP 'Hostage'

    A company creating artificial intelligence-powered tools meant for skin image analysis has alleged in Massachusetts federal court that another firm it entered into a business deal with was holding data and intellectual property "hostage" after its CEO ordered his staff to cease a planned data migration.

  • October 02, 2025

    Cisco Gets PTAB To Ax Claims Of Network Patent

    The Patent Trial and Appeal Board said that Cisco has been able to show that all the challenged claims are invalid as obvious in a Portsmouth Network Corp. patent on delivering content over a network.

  • October 02, 2025

    Gov't Shutdown Halts Fed. Circ. Response In Newman Case

    The Federal Circuit has asked the D.C. Circuit for permission to extend a deadline to respond to U.S. Circuit Judge Pauline Newman's petition for an en banc rehearing to reconsider her suspension, citing the ongoing government shutdown.

  • October 02, 2025

    Vet Co. Buyers Win $8M Interest On Top Of $40M Award In Del.

    A Delaware Superior Court judge has awarded buyers of what is now Veterinary Orthopedic Implants more than $8 million in prejudgment interest in a dispute over payouts still due after they won $40 million in a patent-related settlement, rejecting arguments the $8 million would amount to a double recovery.

  • October 02, 2025

    Judge Sets Google IP Bench Trial For Magistrate

    A Manhattan federal judge ruled that a magistrate judge can preside over a bench trial on Google's equitable defenses to infringement claims, rejecting an argument from the owner of location tracking patents that said the referral was unconstitutional. 

  • October 02, 2025

    Judge Nixes Pegasystems Shareholder Suits Over $2B Verdict

    A Massachusetts state court has dismissed a pair of investor lawsuits against Pegasystems officials that had sought to hold them responsible for a $2 billion verdict in a trade secrets case, finding no evidence of bad faith on the part of the software company's board.

  • October 02, 2025

    Meta, VideoLabs Resolve Video Tech Patent Dispute

    Patent licensing business VideoLabs has agreed to end its case in Delaware federal court accusing Meta Platforms of infringing various patents related to video technology.

  • October 02, 2025

    Nexstar Media Settles 'Cruisin' CT' TM Suit Against Ex-Worker

    Broadcasting giant Nexstar Media Inc. has settled a lawsuit accusing a former Connecticut television sales executive of launching her own media company and filing a trademark application for the phrase "Cruisin' CT," a name Nexstar said was confusingly similar to its New Haven affiliate's "Cruisin' Connecticut" segments.

  • October 02, 2025

    Apple Accused Of Infringing Multiple Video Encoding Patents

    Apple has been hit with a lawsuit in Texas federal court accusing the technology giant of infringing a half dozen patents covering ways to encode and decode data.

  • October 02, 2025

    Siemens Unit Loses Appeal For 'Teamplay' TM

    A subsidiary of Siemens has failed to persuade a European court that it should be allowed to register a trademark for "Teamplay" over specific types of computer software because it still overlapped with the earlier rights of a Czech company. 

  • October 01, 2025

    USPTO Tells Fed. Circ. To Reject Ineligibility Rule Petition

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a software company's argument that the office violated due process by rejecting challenges to patents a court has found ineligible, saying that decision is entirely in the office's discretion.

  • October 01, 2025

    Squires Jumps Right Into Patent Eligibility Reform

    U.S. Patent and Trademark Office Director John Squires used his first week at the agency to make bold statements about what should be eligible for patenting, with patent owners celebrating his support of diagnostics, crypto and machine learning technologies.

  • October 01, 2025

    Eli Lilly's Drug Suit Slammed As 'Anti-Competitive' Move

    Eli Lilly and Co.'s lawsuit accusing a compounding pharmacy of unlawfully selling untested weight loss drugs should be tossed because the drugmaker didn't show its advertising was deceptive or harmful, the defendant told a Texas federal court this week.

  • October 01, 2025

    Judge Orders Contempt Proceedings After $3.7M IP Judgment

    A Washington federal judge has agreed to open contempt proceedings against the leaders of a company that was hit with a $3.7 million judgment in a suit over fire-resistant construction assembly product patents.

  • October 01, 2025

    'Squid Game' Doesn't Rip Off Bollywood Film, Judge Rules

    A Manhattan federal judge has tossed a lawsuit brought by an Indian screenwriter who accused Netflix of ripping off a Bollywood film he wrote and directed to create the first season of "Squid Game," saying the two works weren't substantially similar despite centering on characters competing in deadly games to win prize money.

  • October 01, 2025

    Temu Antitrust Claims Nixed, Copyright Claims Get Go-Ahead

    Major fast fashion company Shein has convinced a D.C. federal judge to slim down a lawsuit brought by its main rival Temu, which accuses Shein of spamming it with copyright takedown requests.

  • October 01, 2025

    Inventor's $11M Award Slashed To $5M Over Pet Device IP

    A New Jersey federal judge has hit two pet supply companies with a $5 million damages bill for misappropriating a woman's idea for a skin medicine applicator for dogs and cats, more than four years after the Federal Circuit faulted the original $11 million award in the long-running case.

  • October 01, 2025

    DC Circ. Won't Rethink Return Of Head Of Copyright Office

    The D.C. Circuit said Wednesday that it won't rethink its decision to temporarily reinstate the head of the U.S. Copyright Office, who was fired by President Donald Trump as her lawsuit against the administration plays out in court.

Expert Analysis

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

  • How Patent Attys Can Carefully Integrate LLMs Into Workflows

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    With artificial intelligence-powered tools now being developed specifically for the intellectual property domain, patent practitioners should monitor evolving considerations to ensure that their capabilities are enhanced — rather than diminished — by these resources, say attorneys at McDonnell Boehnen.

  • The Metamorphosis Of The Major Questions Doctrine

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    The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.

  • New PTAB Denial Processes Grow More And More Confusing

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    Guidance from the U.S. Patent and Trademark Office about the Patent Trial and Appeal Board's new workload management and discretionary denial processes has been murky and inconsistent, and has been further muddled by the acting director's seemingly contradictory decisions, say attorneys at Finnegan.

  • EU Space Act Could Stifle US Commercial Operators

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    The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.

  • A Word On Ensuring Precision In Patent Claim Construction

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    The Federal Circuit's recent decision in Express Mobile v. Meta Platforms, overruling the Patent Trial and Appeal Board's interpretation of the term "style," highlights the importance of articulating claim constructions that are as clear as possible, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Mah-Jongg Makes Me A Better Mediator

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    Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.

  • Does Research Tool Safe Harbor Cover AI Drug Development?

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    As artificial intelligence increasingly takes root in drug development, many questions may emerge regarding current gaps in courts' application of the research tool exception to the safe harbor defense against patent infringement, and whether that defense applies to AI-based tools, say attorneys at Arnold & Porter.

  • Tips For Business Users After 2 Key AI Copyright Decisions

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    Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Copyright Takeaways From 2 Calif. GenAI Rulings

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    Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.

  • Opinion

    Juries Are Key In Protecting The Rule Of Law

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    Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Brand Protection Takeaways From OpenAI Trademark Case

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    The ongoing battle between IYO and OpenAI offers critical lessons on diligent trademark enforcement and proactive risk management for startups and established players alike navigating branding in the rapidly evolving artificial intelligence sector, say attorneys at Dykema.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

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