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  • July 23, 2025

    False Ad Ruling Expanded Patent Law, Crocs Tells Justices

    Shoemaker Crocs Inc. has asked the U.S. Supreme Court to look at a Federal Circuit decision reviving false advertising claims that its shoes were made with "patented, proprietary, and exclusive" materials that weren't actually patented, arguing that the ruling would allow an "end run" around Congress' limitations on false marking suits.

  • July 23, 2025

    Innospec Sues Ex-Employee, Saying Trade Secrets Were Filched

    A Colorado chemicals company claims in Colorado federal court that a former employee and his new employer are using trade secrets to steal customers in violation of the ex-employee's confidentiality agreement.

  • July 23, 2025

    Judge Clears Mylan On 1 Novo Nordisk Patent In Wegovy Suit

    A Delaware federal judge has found that proposed labeling for a generic version of the weight loss drug Wegovy doesn't recommend doctors prescribe it in a way covered by a Novo Nordisk patent on the brand-name treatment.

  • July 23, 2025

    Operators Of Streaming Site Jetflicks Sentenced Up To 7 Years

    Five people convicted last year of running an illegal streaming website called Jetflicks have been sentenced by a Nevada federal judge, with one receiving seven years in prison and three others receiving shorter terms.

  • July 23, 2025

    Fed. Circ. Deems 'Kist' And 'Sunkist' Marks Confusingly Alike

    The Federal Circuit on Wednesday reversed a trademark tribunal's conclusion that "Kist" and "Sunkist" soft drink marks were not confusingly similar, saying the board was wrong to distinguish the goods by focusing on images of red lips and the sun in marketing materials for the products.

  • July 23, 2025

    Indiana CPA Gets 3 Years In Royalty Payment Tax Scheme

    An Indiana accountant received a three-year prison sentence for willfully preparing tax returns for clients who inappropriately claimed millions of dollars worth of business deductions based on false royalty payments made for using intellectual property, according to federal prosecutors.

  • July 23, 2025

    PTAB Ends Remote Hearings Beginning Sept. 1

    The U.S. Patent and Trademark Office is mandating that all Patent Trial and Appeal Board proceedings take place in person, starting Sept. 1.

  • July 23, 2025

    Fed. Circ. Backs Decision Clearing Seismic Bracing In IP Case

    The Federal Circuit on Wednesday said it won't revive an intellectual property lawsuit SME Steel Contractors launched against a company founded by its former head engineer, finding that a lower court rightly sided with the newer company on patent, copyright and other claims it had faced.

  • July 23, 2025

    Bradley Arant Taps Arnall Golden Fintech Pro In Atlanta

    Bradley Arant Boult Cummings LLP has added a former Arnall Golden Gregory LLP attorney as a partner in the firm's banking and financial services group to extend its Atlanta team counseling technology companies.

  • July 23, 2025

    Trump Publishes AI 'Action Plan' With 90 Policy Proposals

    In an effort to secure America's leadership in artificial intelligence, the Trump administration released a blueprint Wednesday outlining ideas to accelerate innovation, modernize infrastructure and foster international collaboration while safeguarding national security.

  • July 23, 2025

    Developer Accuses Payment App Of 'Cynical' Data Theft Claim

    A former consultant with a company that provides card payment services to taxi drivers has accused it of "opportunistically" launching a legal claim to stifle his legitimate business, denying he stole proprietary information to develop his system.

  • July 22, 2025

    Brandt's Fruit Trees Says Farm Misuses 'Pink Lady' Apple TM

    Brandt's Fruit Trees filed a trademark infringement suit in Washington federal court Monday accusing a Yakima Valley farm of illegally using its Pink Lady apple trademark in connection with approximately 55,000 unlicensed trees that produce Lady in Red apples, in violation of their grower licensing agreement.  

  • July 22, 2025

    Engineer Cops To Stealing Missile Tracking Tech To Aid China

    An engineer who worked at a tech company admitted in California federal court to stealing trade secrets regarding nuclear missile detection used by the U.S. government after previously seeking to help the People's Republic of China with its military research, according to the U.S. Department of Justice.

  • July 22, 2025

    IP Atty's FCA Suit Against Valeant Over Apriso Tossed Again

    A California federal judge on Tuesday again threw out an attorney's whistleblower False Claims Act suit alleging Valeant Pharmaceuticals fraudulently obtained a patent to block generic Apriso, but gave him several weeks to amend his case.

  • July 22, 2025

    Fed. Circ. Urged To Nix Motorola Fintiv Memo Withdrawal Fight

    Stellar Inc. has urged the Federal Circuit to ignore Motorola's challenge to a decision by the U.S. Patent and Trademark Office's acting leader that shut down its attempt to invalidate various Stellar patents at the Patent Trial and Appeal Board.

  • July 22, 2025

    NY Judge Backs Calif. Bioscience Co. In $15M Arbitration Row

    A New York federal judge has ruled that a California-based bioscience company can enforce an arbitration award rejecting a more than $15 million claim asserted by a Hong Kong biopharmaceutical firm, saying there is no genuine dispute since the biopharmaceutical firm failed to respond.

  • July 22, 2025

    Fed. Circ. Won't Stop Entresto Generic During Novartis Appeal

    The Federal Circuit won't stop MSN Pharmaceuticals from releasing its generic version of Novartis' blockbuster cardiovascular drug Entresto while the latter appeals a noninfringement ruling, according to a Tuesday order.

  • July 22, 2025

    Sandals Owes Longtime Ad Partner $50K In Copyright Trial

    Resort giant Sandals owes nearly $50,000 to a former, longtime, advertising partner for copyright infringement regarding 33 photos and videos, a Florida federal judge ruled Monday following a bench trial, but found that over 600 other claimed works don't qualify for damages.

  • July 22, 2025

    Fair Use Carveout Applies To Med Device Repairs, Judge Says

    A D.C. federal judge has shot down two industry groups' challenge to a rule that placed medical device diagnostic procedures and repairs under fair use copyright exceptions, saying all of their challenges under the Administrative Procedure Act were unpersuasive.

  • July 22, 2025

    Zynga PTAB Win Upheld As Fed. Circ. Finds No 'Shenanigans'

    The Federal Circuit on Tuesday upheld the Patent Trial and Appeal Board's invalidation of an IGT gambling patent challenged by mobile game maker Zynga, saying the board did not engage in unlawful "shenanigans" by reviewing the patent after an earlier dispute between the parties.

  • July 22, 2025

    Judge Nixes 'Ghost' Lawyer's Suit Against Ex-Employee, Atty

    A Florida judge has tossed a lawsuit that an attorney accused of ghosting and defrauding his clients brought against his former paralegal and a legal malpractice lawyer alleging they conspired to steal his clients and trash his reputation.

  • July 22, 2025

    Maxell Seeks Boost To $112M Patent Award, Samsung Hits Back

    Maxell Ltd. has asked a Texas federal judge to enhance a $112 million jury verdict and permanently bar Samsung from infringing patents covering functions in personal electronics, while Samsung said the verdict should be thrown out as a matter of law.

  • July 22, 2025

    Fed. Circ. Won't Intervene In Pipe Liner Discovery Dispute

    The Federal Circuit on Tuesday rejected German packaging company Buergofol GmbH's bid to override a South Dakota federal court's decision saying pipe liner company Omega Liner Co. Inc. can obtain certain information in discovery as part of a patent infringement suit against Omega.

  • July 22, 2025

    WTO Finds China's Anti-Suit Injunctions Violate TRIPS

    China's use of anti-suit injunctions in patent litigation violates an international intellectual property agreement, according to arbitrators at the World Trade Organization.

  • July 22, 2025

    Brandy Melville Hits Temu For 'Bait-And-Switch' Copycat Garb

    Bargain-shopping app Temu's entrance into the "ultra fast fashion" market might have been "meteoric," but that's because it rips off other brands' intellectual property to sell cheap copycat products, Brandy Melville alleges in a federal lawsuit, claiming Temu even uses the clothing brand's photographs to pull a "bait-and-switch" on shoppers.

Expert Analysis

  • 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.

  • Purdue Case Could Transform Patent Obviousness Analyses

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    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • 'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues

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    The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • IRhythm IPR Denial Raises Key PTAB Discretion Questions

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    By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • Opinion

    IPR Denial In IRhythm Should Not Set A Blanket Rule

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    Though the Patent Trial and Appeal Board's discretionary denial in iRhythm v. Welch Allyn last month raised concerns that mere knowledge of a patent could bar inter partes review institution, a closer look at the facts and reasoning reveals why this case's holdings should not be reflexively applied to all petitioners, says David McCombs at Haynes Boone.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • Opinion

    Subject Matter Eligibility Test Should Return To Preemption

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    Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Google Damages Ruling Offers Lessons For Testifying Experts

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    The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Breaking Down Part 3 Of The Copyright Office's AI Report

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    On May 9, the U.S. Copyright Office published a prepublication version of the third and final part of its three-part report on artificial intelligence, offering key insights on the unauthorized use of copyrighted material by AI systems, says Courtney Sarnow at CM Law.

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