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Intellectual Property
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September 15, 2025
Record Labels, Internet Archive Settle Copyright Feud
A group of record labels has settled a copyright suit that accused the Internet Archive of infringing thousands of songs after making them available for free as part of the "Great 78 Project," according to a joint notice from the parties filed Monday in California federal court.
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September 15, 2025
USPTO Regional Director Joins Holland & Hart In Denver
The U.S. Patent and Trademark Office's former regional director in the Rocky Mountains has joined Holland & Hart LLP as of counsel, the firm announced Monday.
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September 15, 2025
Fed. Circ. OKs PTAB Denial Of Motorola Lens Patent Challenge
The Federal Circuit on Monday declined to revive Motorola Mobility LLC's challenge to an imaging lens system patent owned by a Taiwanese company, affirming the Patent Trial and Appeal Board's finding that the smartphone maker failed to show the claims were invalid.
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September 12, 2025
Google Gets IP Claims Against Some AI Products Tossed
A California federal judge trimmed Thursday a consolidated proposed class action alleging Google's artificial-intelligence training models infringed artists and writers' copyrights and dismissed its parent company Alphabet altogether, finding that the creators can only pursue claims implicating six out of 16 of Google's AI products.
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September 12, 2025
Dentons Ducks Chinese Vape-Maker's Hacking Suit
Dentons has officially escaped allegations it helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, in part by hacking into its founder's laptop to access confidential information, according to newly filed documents.
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September 12, 2025
Stewart Issues New Slate Of Discretionary Denials
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.
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September 12, 2025
Tootsie Roll Sues Rival Candy Seller Over 'Tootsi' Mark
Confectionery giant Tootsie Roll Industries filed a trademark infringement suit in Illinois federal court Thursday against Tootsi Impex for using a confusingly similar name, Tootsi, to sell competing candy products, more than 20 years after it opposed the defendant's design mark application to use the name in Canada.
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September 12, 2025
Jury Awards Mallinckrodt $9.5M In Nitric Oxide Patent Suit
A Delaware federal jury awarded Mallinckrodt Pharmaceuticals almost $9.5 million on Friday, finding that French industrial gas company Airgas Healthcare infringed patents covering its inhaled nitric oxide treatment.
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September 12, 2025
Novartis Takes Entresto Bench Trial Loss To Fed. Circ.
Novartis urged the Federal Circuit on Friday to save it from a Delaware federal judge's holding that generic-drug maker MSN Pharmaceuticals did not infringe a patent covering the blockbuster cardiovascular drug Entresto.
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September 12, 2025
Hytera Fights Motorola's Contempt Bid Over Subsidiary Sale
Hytera Communications Corp. has urged an Illinois federal judge to reject Motorola Solutions' bid to hold it in contempt for using subsidiary sale funds to pay off lenders instead of paying Motorola what it's owed under a trade secrets judgment, arguing it shouldn't be punished for conducting ordinary business.
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September 12, 2025
Shein Uses AI To Steal Popular Designs, Suit Claims
Fast-fashion e-commerce giant Shein is facing a suit in California federal court by a Florida artist who claims the company uses artificial intelligence and other automated technology to dredge the internet and steal popular works to be misappropriated for profit.
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September 12, 2025
Fed. Circ. Affirms PTAB's Slicing Of Fracking Patent Claims
The Federal Circuit on Friday backed a Patent Trial and Appeal Board decision invalidating claims in a patent relating to hydraulic fracturing pump technology, finding that the tribunal had sufficient evidence supporting its conclusion that the claims were obvious.
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September 12, 2025
What To Know About Anthropic's Pending $1.5B IP Settlement
The largest settlement in copyright history may still materialize, but the path for authors and Anthropic negotiating a $1.5 billion agreement is filled with challenges, including determining what portion of the millions of books the tech company allegedly downloaded from pirate sites is eligible for compensation.
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September 12, 2025
Samsung, Headwater End Patent Fights After $279M Verdict
Headwater Research has agreed to end a series of lawsuits accusing Samsung of infringing various wireless communications patents, including one where a jury had found Samsung owed nearly $279 million.
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September 12, 2025
Snoop Dogg's Ice Cream Brand Battles 'Swizzle' TM Claim
Rapper Snoop Dogg's ice cream brand is seeking a Connecticut federal judge's help to dodge a claim that its use of the word "Swizzle" is an act of trademark infringement, asking for the court to declare that Edible Arrangements is illegally trying to create a monopoly.
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September 12, 2025
In Fees Fight, OpenAI Rival Says TM Case Not Exceptional
Nothing "stands out" from a successful trademark case brought by OpenAI against Open Artificial Intelligence Inc., the latter company told a California federal judge, urging the court to deny OpenAI's request to make it pay $10 million in attorney fees.
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September 12, 2025
Del. Judge Says Pet Med Co. Founder Liable For $40.2M
A Delaware Superior Court judge has ruled the founder of a veterinary orthopedic implant venture must indemnify the company's recent buyer for $40.2 million from a $70 million patent infringement-related settlement, while capping the cumulative liability award after other costs at $55 million and awaiting proposals covering interest awards.
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September 12, 2025
Fed. Circ. Backs $3.5M Award In Wallet Gadget Patent Case
The Federal Circuit held Friday that it won't undo Dynamite Marketing's $3.5 million win in a suit in which a jury found that WowLine Inc. infringed a patent covering the Wallet Ninja, upholding awards for both damages and attorney fees.
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September 12, 2025
Texas Jury Finds AT&T Didn't Infringe Telecom Patent
A Texas federal jury has found that Irish company Daingean Technologies Ltd. hadn't proven that AT&T infringed a telecommunications patent when it launched its 5G phone service networks.
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September 12, 2025
Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims
A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.
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September 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.
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September 11, 2025
Google's 'Failure To Communicate' In AI Fight Irks IP Judge
A California magistrate judge presiding over discovery in a proposed class action alleging Google's artificial-intelligence training models infringed artists' copyrights on Thursday refused, for now, to appoint a special master after plaintiffs accused Google of delaying data production by months, but she expressed frustrations with Google counsel's "failure to communicate."
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September 11, 2025
Apparel Co. Accuses Google Of Helping Copyright Infringers
An apparel company that sells shirts themed around America and competitive drinking sued Google on Thursday in Ohio federal court, claiming the search engine giant assists online retailers that make copycats of its products.
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September 11, 2025
9th Circ. Revives 'Beauty' FX Copyright Verdict Against Disney
The Ninth Circuit on Thursday revived a verdict that Walt Disney Pictures vicariously infringed a digital effects company's facial-motion capture software by using it for the 2017 "Beauty and the Beast" film, saying the tech company presented sufficient evidence for jurors to find Disney could have stopped its effects contractor's infringement.
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September 11, 2025
Ex-USPTO Solicitor Says Squires Is Better Than No One
A former U.S. Patent and Trademark Office solicitor is asking the U.S. Senate to confirm John Squires as USPTO director, saying political accountability has become more important than finding a candidate who is right for the job.
Expert Analysis
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Enablement Standard Insights From Fed. Circ. Agilent Ruling
The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.
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How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders
The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Why Civil RICO Claims Are Gaining Traction With Plaintiffs
A Texas federal court's recent $71 million verdict in Point Bridge Capital v. Johnson demonstrates that, when used properly, civil lawsuits under the Racketeering Influenced and Corrupt Organizations Act can be a devastating weapon — and increasingly favorable for plaintiffs, says Akiva Shapiro at Gibson Dunn.
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You're Out?: Rooftop Views Of Sports Games Raise IP Issues
A high-profile dispute between the Chicago Cubs and a rooftop business adjacent to Wrigley Field strikes at the intersection of sports, intellectual property and Chicago neighborhood tradition, highlighting novel questions that could significantly affect IP rights in the context of live events generally, say attorneys at Troutman Pepper.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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A Change In Big Pharma Response To FTC Delisting Warnings
While the effect of Federal Trade Commission notices to pharmaceutical companies about allegedly improper patent listings in the U.S. Food and Drug Administration's Orange Book had been de minimis through the end of last year, July data shows an increase in delistings, say Ratib Ali and Celia Lu at Competition Dynamics.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Fed. Circ. In July: Instability In IPR Requirements
The Federal Circuit's decision in Shockwave v. Cardiovascular last month provided an important, albeit short-lived, clarification to the type of evidence that can be used in an inter partes review challenge, say attorneys at Knobbe Martens.
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Structuring Noncompetes In License And Collaboration Deals
As companies grappling with coming patent cliffs look to mergers and acquisitions to compensate, contracting parties assessing biopharma license and collaboration agreements should prepare to agree on noncompetes that ensure the parties' respective objectives are met and that their incentives are aligned, both under their collaboration and beyond, says Jeff Jay at Freshfields.