Intellectual Property

  • September 29, 2025

    Sherwin-Williams Contests 'Exceptional Case' Fee Claim

    Arguing over a single contentious issue does not support a report that labeled Sherwin-Williams' litigation strategy in a patent dispute as "exceptional," the company asserted in a recent objection to recommendations that it should pay fines and attorney fees in the case.

  • September 29, 2025

    Verizon Resolves Wi-Fi Calling Patent Fight

    Verizon has reached an agreement with VoIP-Pal.com Inc. to end patent infringement litigation over its free Wi-Fi calling service that was at one point seeking over $5 billion in damages.

  • September 29, 2025

    Trump Again Pushes 100% Tariff To Help US Film Industry

    President Donald Trump revived his call for a 100% tariff on imported films Monday on Truth Social, claiming the measure is necessary to reverse trends of offshoring production.

  • September 26, 2025

    Full Fed. Circ. Told There's Mixed Transfer Law In Patent Case

    Software company VirtaMove Corp. is doubling down on efforts to keep its patent infringement suits against Amazon and Google in the Western District of Texas, telling the full Federal Circuit that a panel strayed from Fifth Circuit precedent by declining to disturb the suits' transfer to California.

  • September 26, 2025

    Stewart Keeps Discretion Duty As Squires Takes On RPIs, AI

    In John Squires' first week as U.S. Patent and Trademark Office director, he walked back precedent from the first Trump administration, claimed machine learning should be patent-eligible, and designated Deputy Director Coke Morgan Stewart to continue handling discretionary denial reviews.

  • September 26, 2025

    Fed. Circ. Won't Gamble On Lottery Ticket Patent Without Suit

    The Federal Circuit on Friday dismissed Interactive Communications International's appeal of a Patent Trial and Appeal Board decision declining to invalidate claims in a preprinted lottery ticket patent, saying the company lacks standing since it isn't facing a lawsuit by the patent owner.

  • September 26, 2025

    Wu-Tang Album May Be Trade Secret In Shkreli Suit, Judge Says

    A New York federal judge has found that a one-of-a-kind Wu-Tang Clan album could be considered a trade secret in a novel decision that made significant trims to a cryptocurrency project's lawsuit against the album's former owner Martin Shkreli, but the judge kept in play claims that he misappropriated the project's trade secrets.

  • September 26, 2025

    CareDx Asks 3rd Circ. To Rethink $45M False Ad Case

    Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.

  • September 26, 2025

    Starbucks Cites Wash. Law To Fight 'Bad Faith' Patent Claims

    Starbucks is using a Washington state law that protects against "bad faith" patent infringement claims to go after a pair of Irish companies that say the coffee chain has infringed nearly a dozen technology patents.

  • September 26, 2025

    Banks Evade Most Liability Claims In Copyright Suit

    A pair of banks had the majority of the liability claims against them tossed by a Colorado federal judge Friday in an architectural group's copyright lawsuit against a real estate developer, whose project they financed.

  • September 26, 2025

    Boeing Pushes 9th Circ. To Rethink $72M Trade Secret Verdict

    Boeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice."

  • September 26, 2025

    Atty Fights Uphill To Nix Sanctions For Motion With AI Errors

    MPH International's counsel urged a California federal judge Friday to change his mind on sanctions requiring him to report to the state bar for filing a summary-judgment motion with AI-generated errors, arguing he had COVID, such mistakes are becoming commonplace and disciplinary proceedings could harm small practices and pro-bono work.

  • September 26, 2025

    Cellectis, AstraZeneca Face IP Suit From Cell Engineering Co.

    A cell engineering company sued pharmaceutical giant Cellectis Inc. on Friday, claiming it had used patented gene-editing protein research technology and purported to license it for use to AstraZeneca.

  • September 26, 2025

    DC Circ. Won't Stop FDA From Approving Entresto Generic

    The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.

  • September 26, 2025

    Fitch Even Sues Litigation Funder CEO, Ex-Client For $1.2M

    Chicago-based law firm Fitch Even Tabin & Flannery LLP has brought a lawsuit in Illinois federal court against a former client and the CEO of a litigation funder, saying it is owed more than $1.2 million in legal fees for the firm's work on a patent infringement case the ex-client filed against Samsung.

  • September 26, 2025

    Chemical Plant Spat Must Unfold In NY, NC Court Is Told

    A Swiss chemical technology company urged a North Carolina state judge Friday to toss a suit alleging that it bungled work on a $200 million plant, arguing during a hearing that it is not a construction company as defined in a state law undergirding where the claims can be litigated.

  • September 26, 2025

    Jury Says Samsung Owes $78.5M In Media Use Patent Case

    Samsung owes $78.5 million to a patent owner, a federal jury in Texas found Friday, for infringing claims in a pair of patents covering automatic content recognition technology for commercial advertising.

  • September 26, 2025

    Metal Singer Wants Ex-Bassist's 'Break-Up Case' Trimmed

    The vocalist for the Grammy-nominated metal band Hatebreed and the group's business arm have asked a Connecticut state court to strike several claims that the band's founding bassist filed after his sudden termination, including breach of contract and negligent infliction of emotional distress, arguing that they are not adequately supported by facts.

  • September 26, 2025

    Insurers Must Defend Tech Co. Against Rival's Patent Suit

    Insurers for a logistics technology company must defend the company against claims that it stole a rival's technology and marketing strategy, a Delaware state court ruled, finding that the policies' "prior and pending litigation" exclusion does not bar coverage.

  • September 26, 2025

    TikTok, Chinese Co. Resolve $845M IP Fight Before Trial

    TikTok and a Chinese company that accuses it of stealing trade secrets for a video-editing tool and infringing copyrights related to the tool informed a California federal judge Friday that they've reached a settlement in principle, avoiding a jury trial that was set to begin next month.

  • September 26, 2025

    HSF Kramer Taps White & Case Atty To Steer US Tech Deals

    Herbert Smith Freehills Kramer LLP has hired a former White & Case LLP partner as head of its U.S. technology transactions practice in New York.

  • September 26, 2025

    Miss America Dispute Turns On Dueling Fraud Claims

    A real estate developer and his attorney have hit back at claims they should be sanctioned for allegedly submitting fake contracts as evidence they own the company that runs the Miss America pageant, asserting in a Florida federal court filing that their litigation opponents are the ones "engaging in fraud."

  • September 26, 2025

    Trump Announces 100% Tariff On Drug Imports Starting Oct. 1

    President Donald Trump announced a slew of new Section 232 tariffs to be imposed beginning Oct. 1, including a 100% tariff on drug imports and new rates for semi trucks, kitchen cabinets, bathroom vanities and upholstered furniture.

  • September 26, 2025

    Judge Won't Overturn $57M Midwest Energy Win In IP Fight

    A Delaware federal magistrate judge has refused to disturb a jury's finding that numerous affiliated companies willfully infringed Midwest Energy Emissions Corp. patents on technology for refining coal to reduce mercury in emissions from power plants, leaving in place a $57 million verdict.

  • September 26, 2025

    Texas' Eastern District Tightens Sealed-Document Procedures

    Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.

Expert Analysis

  • 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.

  • IP Due Diligence Tips For AI Assets In M&A Transactions

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    Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • A Look At Florida's New Protected Series LLC Legislation

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    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Opinion

    New USPTO Leadership Must Address Low-Quality Patents

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    With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

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    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

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    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

  • The State Of AI Adoption In The Patent Field

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    The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.

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