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May 28, 2025
Flamin' Hot Cheetos Defamation Suit Snuffed Out, For Now
A California federal judge Wednesday granted Frito-Lay Inc.'s motion to strike a former employee's discrimination and defamation suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, finding he's unlikely to win his claims, but giving him another shot at amendment.
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May 28, 2025
MGA Seeks 4th Trial In $71M Doll Dispute With Rapper T.I.
MGA Entertainment urged a California federal judge Tuesday to reverse a jury's $71.4 million award to rapper Clifford "T.I." Harris and others for MGA infringing the trade dress and publicity rights of the OMG Girlz pop group, saying the court's finding of no willful infringement should nullify the verdict.
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May 28, 2025
Indian Pharma Co. Hit With Patent Suit Over Fennec's Cancer Drug
An Indian multinational pharmaceutical company is infringing a patent for a drug to treat hearing loss in pediatric cancer patients undergoing chemotherapy, a North Carolina biotechnology company claimed in a lawsuit filed in New Jersey federal court.
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May 28, 2025
Disney Cut Loose From Singing Turtle IP Case
A California federal judge has thrown out a copyright and trademark suit by a man who claimed The Walt Disney Co. copied his singing turtle character, finding Disney had already created its singing turtle 'Olu Mel by the time the man was depicting his turtle character as playing a ukulele.
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May 28, 2025
Fed. Circ. Restores Floor Tiling Patent Case
The Federal Circuit on Wednesday revived a lawsuit accusing a pair of flooring companies of infringing patents related to devices used in tile leveling and spacing, taking issue with how a lower court interpreted key claim terms.
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May 28, 2025
Insurer Fights Coverage Of Patent Suit Against Dental Co.
An insurer told a Michigan federal court it is not obligated to defend or indemnify a dental products company in an underlying patent infringement case, arguing that the claims fall outside the scope of the commercial liability coverage.
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May 28, 2025
Harvard To Give Slave Photos To Museum, Ending Legal Battle
Harvard University on Wednesday settled a suit over the ownership of photographs of enslaved people taken for a racist 1850 study, agreeing to transfer the images to a museum and to pay an undisclosed sum to a woman who says she is a descendant of the subjects.
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May 28, 2025
ID Verification Platform Fights Bid To DQ MoFo In IP Dispute
Identity verification platform Jumio urged a California federal court to reject a bid to disqualify Morrison & Foerster LLP as its counsel in patent litigation over facial recognition technology, saying the law firm had not been co-counsel with its previously disqualified firm, Perkins Coie LLP.
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May 28, 2025
NC BBQ Joint Roasts Flagship Over Trademark Use
A chain of fast casual barbecue restaurants in North Carolina has accused the original location of misusing the brand's trademarks to sell sauces and rubs beyond the bounds of its alleged licensing agreement, according to a newly designated state Business Court complaint.
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May 28, 2025
Nielsen Rival Wants To Ditch Viewing Data Patent Case
A rival of Nielsen Co. LLC has asked a Delaware federal judge to toss a suit by Nielsen that claims infringement of a patent covering a way to measure audience viewership outside the home through mobile phone data, arguing that the subject matter is patent-ineligible.
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May 28, 2025
Judge Won't Stop Ex-Copyright Office Director's Firing
A D.C. federal judge on Wednesday declined to stop the Trump administration from ousting the former director of the U.S. Copyright Office, saying the recently fired official had not shown she would be irreparably harmed absent the court's intervention.
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May 28, 2025
Mielle Organics Accuses Vendors Of Selling Fake Products
Hair and beauty brand Mielle Organics has hit a group of cosmetics sellers with copyright infringement claims in a London court, alleging that the vendors have sold knock-off products and used bogus documents to claim they were genuine.
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May 27, 2025
Anthropic Declaration Partly Stricken Over AI Hallucination
A California federal magistrate judge has partially stricken an expert report filed by Anthropic in copyright infringement litigation that cited a nonexistent study — an error created by the artificial intelligence company's own Claude AI tool — calling the issue "serious," but "not quite so grave as it first appeared."
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May 27, 2025
Fortress' Power On VLSI Board Takes Spotlight At Trial's Start
Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.
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May 27, 2025
'Gone In 60 Seconds' IP Appeal 'Stalls At Starting Line'
A Ninth Circuit panel held Tuesday that the customized Ford Mustangs called "Eleanor" that were featured in four films — most recently in the 2000 Nicolas Cage film "Gone in 60 Seconds" — is not a copyrightable character.
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May 27, 2025
CardiacSense Gives Patent Suit Against Garmin Another Go
Wearable tech company CardiacSense Ltd. dove deeper into a fitness tracker patent it accuses Garmin International Inc. of infringing after a Michigan federal judge last month dismissed its lawsuit but allowed for an amended complaint given the suit's "technical issues."
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May 27, 2025
Fed. Circ. Backs Engineering Co. Win In Patent Fight
The Federal Circuit on Tuesday refused to revive allegations that a Texas-based engineering services company infringed a half dozen patents related to oil and gas industry pipeline integrity testing, finding a lower court judge's interpretation of key patent terms was correct.
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May 27, 2025
AMS Nets $52M As 17-Year-Old Trade Secrets Case Wraps
Light sensor maker AMS has been granted a $51.7 million judgment against a rival in Texas federal court, ending a 17-year-old trade secrets case that has gone through multiple appeals and two trials.
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May 27, 2025
Atty Avoids Sanctions After Adding AI Hallucinations To Brief
A California attorney who represented a software company in a trade secret dispute will not be sanctioned for filing a brief that included two ChatGPT-hallucinated case citations under circumstances so unusual they "couldn't have been made up," an Illinois federal judge said Tuesday.
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May 27, 2025
Lawmakers Float Fast Patent Program For AI, Semiconductors
Lawmakers in the U.S. Senate and House have introduced legislation that would require the U.S. Patent and Trademark Office to create an experimental program to prioritize patent applications for technologies like artificial intelligence and semiconductors.
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May 27, 2025
Motorola Loses Fights In PTAB Patent Challenges
The U.S. Patent and Trademark Office's acting leader has decided not to rethink her decision for the Patent Trial and Appeal Board not to review Motorola's challenges to a series of Stellar Inc. patents on glasses equipped with cameras, while also throwing out challenges to other patents.
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May 27, 2025
Mobile App Infringement Suit Against Bridgestone Dropped
A New Jersey company and tire maker Bridgestone Americas Inc. on Tuesday jointly asked a Texas federal judge to dismiss a case in which Bridgestone was accused of using patented mobile device communication technology in its mobile app.
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May 27, 2025
Fed. Circ. Faults PTAB Again For Upholding Lighting Patent
The Federal Circuit on Tuesday faulted for the second time a Patent Trial and Appeal Board ruling rejecting challenges to a decorative lighting patent, saying the board wrongly concluded there wasn't a motivation to combine prior art in order to reduce the cost of copper in the lighting system.
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May 27, 2025
Card Game Maker Sues Competitor Over Alleged Knockoff
The maker of the Never Have I Ever card game has sued a rival game company in California federal court, claiming the board game Tipsy Land is a knockoff seeking to capitalize on the success of its product.
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May 27, 2025
Ford Loses UK 'Cobra' Trademarks In AC Cars Dispute
Ford Motor Co. has lost four U.K. trademarks for the "Cobra" brand after a successful challenge by British automaker AC Cars, due to a lack of evidence that Ford or its licensees actively used "Cobra" as a brand for cars or toys in the U.K.Â
Expert Analysis
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.