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May 16, 2025
USPTO Seeks Comment On Invention Promoter Complaints
In a Federal Register notice set to be published Monday, the U.S. Patent and Trademark Office said it is seeking comments about how it collects information on complaints about invention promoters, which are companies that promise to help people develop or market their inventions.
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May 16, 2025
Fed. Circ. Backs Apple PTAB Win Over Location-Tracking IP
The Federal Circuit has backed a series of Patent Trial and Appeal Board decisions that found a trio of beacon technology patents were invalid, handing a win to challenger Apple.
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May 16, 2025
Fed. Circ. Makes Apple Face Fintiv Payment IP Again
The Federal Circuit revived Fintiv Inc.'s infringement suit against Apple Inc. over contactless payments Friday, saying the Texas federal judge who freed Apple viewed what evidence is acceptable too narrowly.
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May 16, 2025
9th Circ. Says Lil Nas X Didn't Steal Model's Instagram Poses
The Ninth Circuit upheld the dismissal of a model's lawsuit accusing Lil Nas X of copying his Instagram photos, ruling Friday that the model didn't plausibly allege the musician had "access" to the pictures, as defined by court doctrine.
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May 16, 2025
Illumina Accuses Ex-Workers' Co. Of Infringing Gene Tech IP
Biotechnology giant Illumina Inc. filed a lawsuit Thursday against Element Biosciences in Delaware federal court, accusing the company founded by former Illumina employees of infringing five patents related to automated gene sequencing technology.
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May 16, 2025
Western Digital Agrees To End Patent Suit After $262M Verdict
Data storage giant Western Digital and MR Technologies told a California federal judge Friday they agreed to end a patent dispute that last summer had put Western Digital on the hook for $262.4 million in damages to MR Technologies for infringing patents for increasing storage capacity on disk drives.
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May 16, 2025
Sheeran Fights Supreme Court Review Of Copyright Ruling
Ed Sheeran urged the U.S. Supreme Court to reject an appeal to a decision concluding that his hit song "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get it On," arguing the plaintiff wrongly contends that the Second Circuit improperly relied on the U.S. Copyright Office's administrative guidance after justices overturned the Chevron deference.
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
Colo. Consultancy Says Company Ripped Off AI Tool Name
A business consulting services company sued a software development company in Colorado federal court Thursday for allegedly ripping off the trademarked name for its artificial intelligence "change management" tool for its own AI software solutions.
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May 16, 2025
Calif. Atty Caught Using Claim Construction Made Up By AI
A San Francisco-based attorney representing Magpul Industries in patent litigation has been effectively removed from the case after admitting that the claim construction chart he submitted was nearly all fabricated by artificial intelligence.
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May 16, 2025
Merchandising Co., Ex-Exec Drop Suit Over $47M Lowe's Deal
A merchandising company has dropped its lawsuit against a former executive it accused of exploiting trade secrets to sabotage a $47 million deal with home improvement giant Lowe's, according to a stipulation of dismissal filed Thursday.
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May 16, 2025
Patent Owner Urges Justices To Take Telemedicine Case
The owner of a pair of invalidated patents covering medical machinery pushed the U.S. Supreme Court to take up its fight over the patents' eligibility since the government said it planned to argue the patents shouldn't have been invalidated as abstract if the company's petition was granted.
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May 16, 2025
Trump Admin Settles Vaccine Contract Info Suit For $10K
The Trump administration has reached a $10,000 settlement with a consumer advocacy group over allegedly withholding information about the government's billion-dollar contracts with companies that developed and manufactured the COVID-19 vaccine, including Pfizer and Moderna.
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May 15, 2025
Google Leads In Filing The Most AI Patent Applications
Google is outpacing other Big Tech companies like Microsoft and IBM in filing patent applications in the artificial intelligence space, both globally and in the U.S., according to a new report.
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May 15, 2025
Anthropic's Atty Says Client's Own AI Created Error In Filing
A Latham & Watkins LLP associate representing Anthropic in the artificial intelligence company's copyright fight with music publishers said Thursday that she used Anthropic's own Claude.ai tool to help draft an expert's declaration that included an erroneous citation, but she argued the error was "an honest citation mistake and not a fabrication of authority."
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May 15, 2025
NBA Gets Ban On Knockoff Sales Extended
An Illinois federal judge has granted the NBA's licensing arm's request to extend a ban on the sale of counterfeit goods and freeze the alleged culprits' assets amid a copyright infringement suit against the retailers, saying the NBA could be irreparably harmed without court intervention.
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May 15, 2025
X Wants $105M Video Patent Verdict Thrown Out
X Corp. said it wants to undo a Dallas jury's finding from last month that said it owed $105 million for infringing a startup company's video sharing patent, arguing a reasonable jury could not have found the single claim was worth that much.
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May 15, 2025
Bausch, Mylan Settle Patent Suit Over Generic IBS Drugs
The makers of gastrointestinal drug Trulance have resolved their patent lawsuit, which sought to block several Mylan generic drugs from competing with the drug, in a confidential settlement agreement, according to a West Virginia federal court filing.
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May 15, 2025
Snap's Alice Win On Image Search Patents Gets Fed. Circ. OK
The Federal Circuit on Thursday refused to revive a lawsuit accusing Snap of infringing a pair of patents related to image searches, affirming a lower court's decision that the claims were patent ineligible under the U.S. Supreme Court's Alice decision.
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May 15, 2025
Walgreens Settles TM Suit With Founder's Great-Grandson
Walgreen Co. has settled its trademark infringement suit against the great-grandson of the company's founder for his operation of Walgreen Health Solutions LLC, according to a filing Thursday in Illinois federal court.
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May 15, 2025
Amarin Tells Justices Hikma Has Gotten Far Ahead Of Itself
Amarin Pharma urged the U.S. Supreme Court on Thursday to turn away a generic-drug maker's bid to get an induced infringement suit thrown out, saying the pleadings-stage case is "in its infancy" and that the company is looking for a "safe-harbor from having to litigate at all."
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May 15, 2025
Curaleaf And Ex-VP In Settlement Talks, Court Told
Curaleaf has tentatively agreed to drop a lawsuit against a former executive it accused of stealing confidential records to share with a rival cannabis firm, according to a notice filed in Florida federal court.
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May 15, 2025
Davis Wright Adds Longtime Knobbe Martens IP Duo In Seattle
Davis Wright Tremaine LLP has brought in two intellectual property partners credited with helping Knobbe Martens open its Seattle office.
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May 15, 2025
Buchalter Names Sports Agent As Sacramento Office Co-Lead
Buchalter PC has named Josh Escovedo, co-chair of its sports law industry group, as co-managing shareholder of the firm's Sacramento, California, office.
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May 14, 2025
NY Judge Skeptical Of Huawei's Pretrial Bid To Nix Charges
A Brooklyn federal judge seemed skeptical of a push by Huawei Technologies and affiliates to dismiss charges from a criminal case alleging Huawei deceived banks and the U.S. government for years about its business dealings in sanctioned countries and conspired to steal intellectual property from U.S. companies.
Expert Analysis
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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.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key
The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.