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Intellectual Property
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Featured
OpenAI's Sora Backlash Shows IP Challenges For Tech Cos.
OpenAI's new version of its video-generation model Sora has highlighted the growing tension between the development of artificial intelligence technologies and intellectual property rights, with the company emphasizing an opt-in approach for copyright owners for using their works after backlash over a reported opt-out policy.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Monster Energy Gets Another Shot At Camping Gear IP Claims
The Ninth Circuit on Wednesday found that a lower court erred in throwing out Monster Energy's trademark infringement suit against the manufacturers of 4Monster camping gear, finding that a reasonable juror could find that the marks are confusingly similar.
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October 15, 2025
Top Del. Judge Details Views On Willful Infringement Issues
A lawsuit cannot provide an accused infringer with the notice needed for a patent owner to allege indirect and willful infringement, and enhanced infringement demands aren't subject to dismissal motions, Delaware's top judge has ruled.
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October 15, 2025
Patent Examiners Facing Productivity Push, Higher Standards
Officials at the U.S. Patent and Trademark Office on Wednesday detailed changes to patent examiners' performance requirements, outlining increased productivity goals, heightened supervisory scrutiny, and more strenuous evaluation standards for the examiner corps.
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October 15, 2025
Justices Told PTAB Has No Business Reviewing Expired IP
Gesture Technology Partners LLC urged the U.S. Supreme Court on Wednesday to consider whether the Patent Trial and Appeal Board can review expired patents, pushing back on arguments from the government and several tech giants that the justices have already ruled it can't.
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October 15, 2025
Smart Thermostat Makers Keep PTAB, ITC Wins At Fed. Circ.
Causam Enterprises owns the electrical utilities control patent it has accused ecobee and others of infringing with smart thermostats, but the patent is not valid, the Federal Circuit concluded Wednesday in a pair of precedential opinions.
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October 15, 2025
Professor Takes 'Rapunzel' TM Case To Supreme Court
A law professor seeking to challenge a "Rapunzel" trademark as a consumer of fairy-tale toy characters has asked the U.S. Supreme Court to hear her out after the Federal Circuit upheld a finding that she lacked standing because her alleged injury wasn't commercial in nature.
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October 15, 2025
Fed. Circ. Won't Halt Magistrate Trial In Google Patent Case
The Federal Circuit on Wednesday denied a request from a location tracking patent owner to prevent a magistrate judge from holding a bench trial on Google's equitable defenses to his infringement claims, saying the patent owner had not shown that proceeding with the case and filing an appeal after a judgment would be inadequate.
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October 15, 2025
Fed. Circ. Says Anti-SLAPP Motion Wrongly Denied In IP Case
The Federal Circuit on Wednesday said a California district court wrongly denied several semiconductor manufacturers' anti-SLAPP motion in a case where they are accused of stealing trade secrets, saying in a precedential opinion that filing a patent application is protected activity under the state's law.
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October 15, 2025
Munchkin Wants $3.9M Sippy Cup Verdict Boosted To $8.2M
Munchkin Inc. has asked an Illinois federal court to award it almost $8.2 million in damages after a jury last month said baby product maker TOMY International owes it $3.9 million for infringing a pair of patents on a spill-proof cup.
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October 15, 2025
Sysnet Says Ex-Worker Breached Noncompete With New Job
Cybersecurity company Sysnet North America Inc. has filed suit against one of its former business relationship managers in federal court for allegedly violating the restrictive covenants in his employment contract by taking a job with a "direct competitor."
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October 15, 2025
Fed. Circ. Again Urged To Probe Settled Expectations Rule
A nonprofit represented by former U.S. Patent and Trademark Office Director Kathi Vidal has thrown its weight behind the latest Federal Circuit petition challenging the USPTO's policy of denying review of patents based on the owner's "settled expectations," saying the rule is "economically harmful and legally unsound."
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October 15, 2025
Cal Poly Athletes Told Objections To NIL Deal Don't Hold Water
The members of a college swimming and diving team that was eliminated by its school last March should blame the school itself for its demise, not the negotiators of a $2.78 billion class action athlete compensation settlement, the NCAA and the athlete class representatives told a California federal court in response to their objections.
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October 15, 2025
Judge Shouldn't Have Axed Lens Patent Claims, Fed. Circ. Says
The Federal Circuit on Wednesday vacated a lower court's finding that claims in two eyeglass lens patents are invalid based on a Patent Trial and Appeal Board ruling on different claims, saying that decision cannot stand because courts and the board use different burdens of proof.
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October 15, 2025
Patent Decisions Clearing Ford, BMW Upheld By Fed. Circ.
The Federal Circuit on Wednesday refused to revive cases accusing Ford and BMW of infringing a pair of cruise control system patents, affirming how a lower court construed key claim terms when it cleared the automotive giants in the litigation.
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October 15, 2025
Lender Sues For Access To High-Tech Kiosks After Default
A company that makes high-tech vending machines that dispense beauty and personal hygiene products has defaulted on a loan and is refusing to turn over credentials to keep the kiosks in operation, according to a suit filed in Massachusetts state court.
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October 15, 2025
Phone-Maker Oppo Wants Out Of Apple Trade Secret Case
Chinese phone-maker Oppo has asked a California federal judge to release it from a case brought by Apple Inc. alleging that a former employee stole trade secrets when he moved to Oppo, saying the suit had no allegation that Oppo received any trade secrets.
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October 15, 2025
Fed. Circ. Affirms ITC Ruling That Brita Filter Patent Is Invalid
The Federal Circuit on Wednesday let stand the U.S. International Trade Commission's decision that a Brita LP water filter patent is invalid, affirming a finding that the patent wasn't adequately described and that it didn't enable someone to make the invention.
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October 15, 2025
Greenberg Traurig Lands Wilson Sonsini Life Sciences Pro
Greenberg Traurig LLP has added a California partner from Wilson Sonsini Goodrich & Rosati with in-house and government legal experience to enhance its capacity to handle matters for clients in life sciences, artificial intelligence, biotechnology and other industries.
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October 15, 2025
TTAB Denies 'Gasparilla' TM Despite Deal With Other IP Holder
The Trademark Trial and Appeal Board has rejected a bid to register "Gasparilla" for mugs and clothing, because of potential confusion with "Gasparilla Treasures," concluding in a precedential opinion that a consent agreement offered by the parties was not enough to overcome a likelihood of consumer confusion.
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October 15, 2025
Engineering Firm, Ex-Worker Resolve Noncompete Dispute
A global environmental and engineering consulting firm has resolved a suit alleging a former employee violated a noncompete agreement by accepting a similar job at a direct competitor, according to a docket entry.
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May 22, 2025
Fed. Circ. Says Professor Lacks Standing To Fight Rapunzel TM
The Federal Circuit on Thursday backed the Trademark Trial and Appeal Board's rejection of a professor's challenge to a "Rapunzel" trademark as a consumer of fairy tale toy characters, saying the board properly used a framework laid out by the U.S. Supreme Court.
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October 15, 2025
Chase Accused Of IP Theft By Fintech Startup
A fintech startup has accused JPMorgan Chase Bank NA of stealing artificial intelligence trade secrets after months of trying out the trade-optimizing technology, claiming that the bank backed out of their deal in bad faith, costing the small firm $5 million in out-of-pocket expenses as well as undetermined additional damages.
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October 14, 2025
Sirius XM Can't Yet Ditch Proposed Class Action Over Pricing
An Oregon federal judge on Tuesday refused to toss a proposed class action claiming Sirius XM concealed a royalty charge from subscribers, ruling that the subscribers have adequately alleged they did not know about the fee or the true cost of their subscription when they signed up.
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October 14, 2025
NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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Series
Traveling Solo Makes Me A Better Lawyer
Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.
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Latest PTAB Moves Suggest A Subtle Recalibration
Recent decisions from the Patent Trial and Appeal Board, as U.S. Patent and Trademark Office Director John Squires transitions into his new role, offer new procedural and substantive tools for patent owners in procuring patent rights and enforcing them against would-be petitioners, say attorneys at Morgan Lewis.
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Series
Law School's Missed Lessons: Client Service
Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.
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Enter The Wu-Tang Ruling That May Change Trade Secret Law
A New York federal court's recent holding that a Wu-Tang Clan album qualifies as a trade secret provides the first federal framework for analyzing trade secret claims involving assets valued primarily for exclusivity, potentially reshaping Defend Trade Secrets Act jurisprudence for the digital economy, says Jason Bradford at Jenner & Block.
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Where 4th And 9th Circ. Diverge On Trade Secret Timing
Recent Fourth and Ninth Circuit decisions have revealed a deepening circuit split over when plaintiffs must specifically define their alleged trade secrets, turning the early stages of trade secret litigation into a key battleground and elevating the importance of forum selection, say attorneys at Skadden.
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Series
Adapting To Private Practice: 3 Tips On Finding The Right Job
After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.
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Breaking Down The Intersection Of Right-Of-Publicity Law, AI
Jillian Taylor at Blank Rome examines how existing right-of-publicity law governs artificial intelligence-generated voice-overs, deepfakes and deadbots; highlights a recent New York federal court ruling involving AI-generated voice clones; and offers practical guardrails for using AI without violating the right of publicity.
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Mich. Ruling Narrows Former Athletes' Path To NIL Recovery
A federal judge's recent dismissal of a name, image and likeness class action by former Michigan college football players marks the third such ruling this year, demonstrating how statutes of limitation and prior NIL settlements are effectively foreclosing these claims for pre-2016 student-athletes, say attorneys at Venable.
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Series
Painting Makes Me A Better Lawyer
Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.
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AI Will Transform Patent Examination For The Better
The U.S. Patent and Trademark Office's increasing use of artificial intelligence tools will result in patents that are more thoroughly vetted, and patent applicants and practitioners will need to adapt their drafting strategies and address stronger and more sophisticated rejections, say attorneys at Troutman.
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Understanding And Managing Jurors' Hindsight Bias
Hindsight bias — wherein events seem more predictable after the fact than they were beforehand — presents a persistent cognitive distortion in jury decision-making, but attorneys can mitigate its effects at trial through awareness, repetition and framing, say consultants at Courtroom Sciences.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Midjourney Cases Could Define Fair Use In Age Of AI Images
Recently filed litigation over Midjourney's use of artificial intelligence-generated images based on Disney, Universal and Warner Bros.' copyrighted characters display straightforward infringement issues favoring the plaintiffs, but also present an opportunity to clarify the fair use doctrine as it relates to generative AI, says Avery Carter at Arnall Golden.
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Means-Plus-Function Terms In Software Claims May Be Risky
Though the Federal Circuit recently reversed a decision rejecting a set of means-plus-function software claims as lacking sufficient structure, practitioners who proceed under this holding may run into indefiniteness problems if they do not consider other Federal Circuit holdings related to the definiteness requirement, says Jeffrey Danley at Seed IP Law Group.
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Training AI On Books: A Tale Of 2 Fair Use Rulings
Though two recent decisions from the Northern District of California concluded that training artificial intelligence with copyrighted books counts as fair use, certain meaningful differences in reasoning could affect pending and future cases, says Brett Carmody at Atheria Law.