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  • June 05, 2025

    USPTO Wrongly Nixed Art Project Patent App, Court Told

    An art kit company has urged a Virginia federal court to force the U.S. Patent and Trademark Office to reinstate its application for a patent, saying it's being punished because the operator of a patent services company used a licensed practitioner's signature without permission.

  • June 05, 2025

    Fed. Circ. Says Dolby Can't Appeal PTAB Decision In Its Favor

    The Federal Circuit on Thursday dismissed Dolby Laboratories Licensing Corp.'s challenge to Patent Trial and Appeal Board proceedings that it prevailed on, spurning the company's appeal asserting that Unified Patents' failure to identify all of the interested parties should have nullified its case.

  • June 05, 2025

    3rd Circ. Says Amgen Can Proceed With Subpoena In IP Suit

    The Third Circuit on Thursday sided with biotechnology company Amgen Inc. in its efforts to subpoena a competitor that it accused of patent infringement, reasoning that the panel lacked jurisdiction to hear the case because the lower court's decision regarding discovery was not ripe for appeal.

  • June 05, 2025

    Fed. Circ. Backs Apple Loss In PTAB Gesture Patent Fight

    The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's finding that Apple failed to show that a Gesture Technology patent on using cameras to recognize human gestures is invalid, with the majority panel saying the "case should serve as a warning."

  • June 05, 2025

    Major Co. Group Asks Full Fed. Circ. To Review Lashify ITC Case

    A coalition representing big companies including Google and Apple is backing the U.S. International Trade Commission's request that the Federal Circuit rethink its finding that the commission had been wrongly barring domestic expenses related to sales, marketing and other activities from ITC patent cases.

  • June 05, 2025

    Copyright Office Says Registration Delay Had No Legal Impact

    The U.S. Copyright Office said Thursday that a two-week pause on issuing registration certificates last month after its leader was fired did not adversely affect any claimant's rights.

  • June 05, 2025

    Google Dodges Some Claims In Book Publishers' Piracy Suit

    A lawsuit from textbook publishers against Google over the advertisement of pirated books is proceeding with fewer claims, after a Manhattan federal judge dismissed allegations of secondary copyright infringement but maintained a claim that the major tech company violated trademarks through its ads.

  • June 05, 2025

    Pillsbury Brings On Buchalter IP Co-Leader In San Diego

    Pillsbury Winthrop Shaw Pittman LLP is boosting its intellectual property team, announcing Thursday it is bringing on the former co-chair of Buchalter PC's intellectual property practice as a partner in its San Diego office.

  • June 04, 2025

    FX Co. Urges 9th Circ. To Restore Copyright Win Over Disney

    A digital effects company's attorney urged a Ninth Circuit panel at a hearing Wednesday to revive a jury's finding that Walt Disney Pictures vicariously infringed its software by using it on the 2017 movie "Beauty and the Beast" and grant it a new damages trial.

  • June 04, 2025

    Fla. School Urges 11th Circ. To Allow Jury Trial In TM Dispute

    A Florida distance learning school urged the Eleventh Circuit on Wednesday to revive its trademark infringement lawsuit against a rival, arguing it should be allowed to prove to a jury that it sustained actual damages because parents were confused by a competitor's website.

  • June 04, 2025

    NBA, Online Retailers Settle Knockoff Sales Dispute

    Eight online retailers have agreed to stop selling and distributing counterfeit NBA-branded products, according to a consent judgment a Chicago federal judge approved Wednesday between the retailers and the league's licensing arm.

  • June 04, 2025

    What To Know About Trump's Shake-Up At Copyright Office

    The firing of Shira Perlmutter by President Donald Trump as the head of the U.S. Copyright Office has introduced uncertainty into the agency's operations, including whether a previously unannounced report on artificial intelligence will ever be released, and set up a fight regarding the president's power to remove and replace whoever he wants without congressional input.

  • June 04, 2025

    USPTO Says Study Disproves Pharma Patent Thicket Claims

    A U.S. Patent and Trademark Office unit has found that pharmaceutical patent thickets are rare after investigating arguments about their effect on drug pricing, the division's leader said Wednesday as part of a discussion on large patent families.

  • June 04, 2025

    Fed. Circ. Pushes Back As Ramey Fights Fee Award To Google

    A Federal Circuit panel on Wednesday questioned Ramey LLP managing partner William Ramey's challenge to one of several sanctions that have recently been imposed on his firm in patent cases, with some judges suggesting that the order in question in a case against Google LLC appeared warranted.

  • June 04, 2025

    NC Biz Court Bulletin: TikTok Tussle And Merger Melee

    Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.

  • June 04, 2025

    OpenAI Says Data Retention Order Creating Privacy Concerns

    ChatGPT maker OpenAI has asked a Manhattan federal judge to lift an order for it to retain output log data for conversations users have had with the generative artificial intelligence model, saying ongoing preservation won't be useful in a case brought by news organizations that say their content was used to train the program.

  • June 04, 2025

    Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says

    A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.

  • June 04, 2025

    Ex-Potomac Law Partner Joins Pierson Ferdinand In Boston

    Pierson Ferdinand LLP has added a former Potomac Law Group partner with experience representing OpenSky in patent fights involving VLSI to the firm's intellectual property department in Boston.

  • June 04, 2025

    Albright Ends Traxcell's Patent Cases Targeting Grubhub, Lyft

    U.S. District Judge Alan Albright has tossed a pair of lawsuits accusing Grubhub and Lyft of infringing a Traxcell Technologies wireless network system patent, saying the patent owner failed to show that either the food ordering service or ride-hailing company actually uses the system.

  • June 04, 2025

    Fed. Circ. Upholds Moderna's IP Win Over COVID Vax

    A Delaware federal judge rightly interpreted claims of two Alnylam Pharmaceuticals Inc. patents, which means Moderna Inc.'s COVID-19 vaccine doesn't infringe them, the Federal Circuit said Wednesday.

  • June 04, 2025

    Epic Wins IP Award Interest Fight With Tata At 7th Circ.

    The Seventh Circuit on Wednesday sided with Epic Systems and ordered a lower court to recalculate interest on a $140 million punitive damages award it won against Tata Group in an intellectual property case, saying interest ran from the first judgment in 2017 even though an amended version was entered five years later.

  • June 04, 2025

    ITC Issues Import Ban In Dermatology Needle Patent Case

    The U.S. International Trade Commission has blocked certain imports of skin treatment devices that infringe a series of patents owned by the U.S. subsidiary of a South Korean dermatologist's needle business.

  • June 04, 2025

    Neighbor Says Cubs Don't Own Sounds, Smells Of Wrigley

    A rooftop owner near Wrigley Field being sued by the Cubs for allegedly infringing its intellectual property rights asked a judge to dismiss counts of misappropriation and unjust enrichment, saying the club does not have rights to the lights, sounds and smells that leave its property.  

  • June 04, 2025

    Cognizant Granted Some DHS Docs In Visa Fraud Case

    A New Jersey federal judge has ordered the U.S. Department of Homeland Security to confer with attorneys for Cognizant Technology Solutions Corp. on how much to broaden a search for materials related to two types of visas, in a case brought by a former executive alleging the company defrauded the government through its visa applications.

  • June 04, 2025

    Fed. Circ. Won't Revive $15M Patent Verdict Against Google

    The Federal Circuit on Wednesday shot down an audio programming patent owner's request to undo a Delaware federal judge's ruling that threw out a $15.1 million jury verdict against Google.

Expert Analysis

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Vape IP Ruling Shows Stark Contrast Between ITC And Courts

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    The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Why Attys Should Get Familiar With Quantum Computing

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    Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks

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    Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • AI Use Of Hollywood Works: The Case For Statutory Licensing

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    Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.

  • Keys To Handling Digital Investigations In Pharma IP Litigation

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    In the high-stakes realm of pharmaceutical intellectual property litigation, efficient e-discovery and digital investigation workflows are essential to supporting strategic arguments, building defensible cases and proving that the requirements for market entry have been adequately met, says Jerry Lay at FTI Consulting.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Fed. Circ. In March: Forfeiting Claim Construction On Appeal

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    The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.

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