Intellectual Property

  • May 12, 2025

    Fed. Circ. Won't Revive Sydnexis Eye Drop Patents

    The Federal Circuit on Monday backed a series of Patent Trial and Appeal Board rulings that found claims in a trio of patents owned by Sydnexis Inc. relating to ways to treat nearsightedness were invalid.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    Ugg Maker Hits Costco, CVS, Others With Wave Of IP Suits

    The maker of Ugg footwear has fired off a series of fresh trade dress infringement lawsuits against Costco Wholesale Corp., CVS Pharmacy Inc. and other online retailers in California federal court in its latest offensive push to protect its signature shearling footwear designs.

  • May 12, 2025

    Attys Say Avvo Scraped Bar Data To Sell Marketing Services

    A new class action filed Friday in Washington federal court accuses online legal service provider Avvo Inc. of misappropriating the identities of over 1 million attorneys to promote its legal marketing tools and referral services.

  • May 12, 2025

    AI Training May Need Licensing, Copyright Office Says

    Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.

  • May 12, 2025

    Copyright Office Director Latest To Get Axed By Trump

    The Trump administration has fired the director of the U.S. Copyright Office, shortly after the office issued a report raising questions about the legality of using copyrighted material to train generative artificial-intelligence models and two days after the White House ousted the leader of the Library of Congress.

  • May 09, 2025

    IP Atty Referred To Disciplinary Panel For Paralegal's Error

    A California federal magistrate judge referred beleaguered patent attorney William Ramey to a disciplinary committee for potential sanctions over his alleged "pattern" of filing pro hac vice requests with inaccuracies, even after a paralegal swore under oath that she misread the pro hac vice form and repeatedly made the mistake.

  • May 09, 2025

    Fed. Circ. Veers From USPTO Agenda In IPR Estoppel Ruling

    The Federal Circuit has cleared patent challengers to pursue grounds in district court that weren't available in inter partes reviews, which attorneys say will likely increase the amount of Patent Trial and Appeal Board challenges at a time when the agency is working toward the opposite.

  • May 09, 2025

    U. Of Minn., Telecom Giants Resolve Yearslong Patent Feud

    After a trial was put on hold in March, three telecom giants told a federal judge on Friday that they have resolved the University of Minnesota's patent litigation against them over 4G LTE technology.

  • May 09, 2025

    Judge Won't Undo TTAB's Ax Of General Cigar 'Cohiba' TMs

    A Virginia federal judge has refused to undo a Trademark Trial and Appeal Board decision granting state-owned tobacco company Cubatabaco's request to cancel U.S.-based General Cigar Co.'s trademark registrations on the term "Cohiba" for cigars.

  • May 09, 2025

    Tech-Averse Souter Still Kept Up With The Times In IP Cases

    U.S. Supreme Court Justice David Souter, who famously rejected facets of modernity like email and cellphones, nonetheless evinced a willingness to keep up with technology and culture in his writing on intellectual property matters, including important copyright cases on parody and peer-to-peer file sharing, attorneys said.

  • May 09, 2025

    Motive Pushes Back At New-Trial Bid In Fleet Monitoring IP Fight

    A fleet management company has hit back at arguments that it relied on making "improper religious and racial insinuations" to a jury to beat a rival's infringement claims, saying nothing that happened in the case warrants a new trial.

  • May 09, 2025

    Fed. Circ. Scolds Apple, Optis For Staying Mum On UK Ruling

    The Federal Circuit was in court Friday to decide whether a $300 million verdict against Apple for infringing standard-essential 4G patents owned by Optis ought to be wiped out, kept in place or sent back down to be nearly doubled, but first they had questions about another set of judges.

  • May 09, 2025

    TTAB Shoots Down Attempt To Register 'Cuadra' Alcohol Mark

    A Mexican shoe and apparel brand has lost its bid to register the mark "Cuadra" for certain types of alcoholic beverages, with the Trademark Trial and Appeal Board finding the company didn't show it actually planned to use the mark for its intended purpose.

  • May 09, 2025

    IP Partner Rejoins Venable After Morgan Lewis Stint

    Venable LLP has welcomed an intellectual property litigator back to its Washington, D.C., office after a stint at Morgan Lewis & Bockius LLP, touting her experience advising media, consumer product and software companies on a variety of IP matters, especially those involving artificial intelligence and copyright issues.

  • May 09, 2025

    Houston Texans Ask Court To Toss TicketMatrix Patent Suit

    The Houston Texans are asking a federal judge to toss a patent infringement suit brought by a ticketing service, arguing that the patent-at-issue is directed toward an "abstract idea" that isn't eligible for a patent.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Vaping Co. Reaches Deal In Infringement Suit Against Rival

    Florida-based e-cigarette manufacturer VPR Brands has come to terms with the rival it slapped with a patent infringement lawsuit last year for allegedly making and selling vapes that infringe its patented "electronic inhaler" atomizer system.

  • May 09, 2025

    Insulet Seeks $30M In Atty Fees, Costs After Trade Secret Win

    After winning a nearly $60 million judgment in a trade secrets lawsuit against South Korean company EOFlow Co. Ltd., medical device company Insulet Corp. has told a Massachusetts federal judge that it should be granted a little over $30 million in attorney fees and litigation costs in light of the rival's "remarkable" misappropriation of its technology for a wearable insulin patch pump.

  • May 09, 2025

    Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles

    In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Trump Ousts Library Of Congress Leader

    The Trump administration has fired Librarian of Congress Carla Hayden, the first woman and African American to hold the title, informing her in an email that her position was being terminated immediately without providing an explanation.

  • May 09, 2025

    A Look At David Souter's Most Significant Opinions

    The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.

  • May 09, 2025

    California IP Attorney Joins Kutak Rock From Troutman

    Kutak Rock LLP has announced that an experienced intellectual property who's spent more than 30 years working on a wide range of copyright and trademark matters has joined the firm's Irvine, California, office as a transition partner from Troutman Pepper Locke LLP.

  • May 09, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen a subsidiary of State Street Corp. sue British sports betting giant Entain, Manolete Partners and HSBC tackle action just weeks after signing a £17 million revolving credit facility agreement, and a commercial fraud claim launched by EFG Bank against Mirabaud & CIE.

Expert Analysis

  • Identifying Deepfakes During Evidence Collection, Discovery

    Excerpt from Practical Guidance
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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 2025 Patent And TM Policy At USPTO: What We Know So Far

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    This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • How White Collar Enforcement May Shift In Trump's 2nd Term

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    After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024's Most Notable FTC Actions Against Dark Patterns And AI

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    In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Trends In Section 101 Motions 6 Years After Berkheimer

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    A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.

  • Opinion

    1 Year After Rule 702 Changes, Courts Have Made Progress

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    In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.

  • Using Contracts As Evidence Of Trade Secret Protection

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    Recent federal and U.S. International Trade Commission decisions demonstrate an interesting trend of judges recognizing that contracts and confidentiality provisions can serve as important evidence of the reasonable secrecy measures companies must take to prove the existence of protected trade secrets, say attorneys at Finnegan.

  • Unwrapping Retailer AI Risks Amid Holiday Shopping Season

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    While generative artificial intelligence tools can catalyze game-changing results for retailers looking to stay ahead of the competition during the holiday season, and year-round, it can also bring certain legal risks, including product liability concerns, say attorneys at King & Spalding.

  • An Underutilized Tool To Dismiss Meritless Claims In Texas

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    In Texas, special appearances provide a useful but often overlooked tool for out-of-state defendants to escape meritless claims early in litigation, thus limiting discovery and creating a pathway for immediate appellate review, say attorneys at Winston & Strawn.

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