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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Redfin Settles Patent Claims After Being Cleared At Trial
Real estate brokerage firm Redfin and its supplier Matterport Inc. each have reached a settlement with Surefield — the new company of Redfin's former CEO — to end a patent infringement case in which Redfin was cleared of a $66 million damages request by a Texas federal jury and to resolve Matterport's declaratory judgment action in Washington.
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July 28, 2025
Fed. Circ. Wipes Lighting Co.'s $14M Patent Verdict For Do-Over
The Federal Circuit on Monday overturned a Texas jury's $13.87 million verdict against a Chinese light manufacturer in a patent case from an in-country rival, saying another trial is needed over damages and the validity of two patents.
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July 28, 2025
Fantasy Sports Patent Claim Fails Over 'Abstract' Ideas
A Georgia federal judge on Monday adopted a special master's recommendation to toss one of sports tech company Vetnos' patent infringement claims against rival fantasy sports platform PrizePicks, ruling the patent is directed to abstract ideas and ineligible for protection under federal law.
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July 28, 2025
Sony Sues Tencent To Block China Co.'s Video Game 'Rip-Off'
Sony Interactive Entertainment LLC has sued Tencent Holdings Ltd. and subsidiaries of the Chinese technology giant in California federal court to prevent the release of Tencent's video game Light of Motiram, claiming it's a "clone" of Sony's popular Horizon video game series.
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July 28, 2025
Walmart Makes Deal After $223M Loss In Trade Secrets Trial
Walmart Inc. has reached a settlement with Zest Labs Inc. to end a suit accusing the retail behemoth of using Zest Labs' trade secrets related to shelf-freshness technology after a jury awarded the company $223 million in damages, according to a Monday court order.
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July 28, 2025
Eli Lilly Alleges Pharmacy Sells Knockoff Weight-Loss Drugs
Eli Lilly and Company is accusing a Houston pharmacy of selling knockoff versions of two of its Ozempic-like weight-loss drugs.
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July 28, 2025
Garbage Truck Co. Fights $58.9M Verdict, Seeks New Trial
A garbage truck manufacturer hit with a $58.9 million verdict for allegedly poaching a fleet management company's executive to create a competing business has asked an Illinois federal court for a new trial or a damages reduction, saying the plaintiff presented a speculative lost-profits damages theory.
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July 28, 2025
PREP Act Won't Save COVID Test Manufacturer From IP Suit
The maker of swabs used in COVID-19 tests can't invoke a public health law's immunity protections to avoid patent infringement litigation, a Maine federal judge has ruled.
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July 28, 2025
Fed. Circ. Vacates Comcast's Mid-Trial Patent Case Win
The Federal Circuit on Monday threw out a Florida federal judge's mid-trial decision that cleared Comcast of allegations it infringed a rival's patent on streaming service technology, saying the lower court needs to take another pass.
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July 28, 2025
Fed. Circ. Panel Calls For Extending Newman's Suspension
A three-judge Federal Circuit panel recommended Monday that U.S. Circuit Judge Pauline Newman remain suspended, saying her refusal to undergo medical tests by doctors chosen by the court is a "serious form of continuing misconduct" that is hindering an investigation into her health.
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July 28, 2025
Fla. Firm Must Pay $320K Sanction For Not Probing IP Claims
Peter Ticktin and Ticktin Law Group PA have been ordered by a Florida federal judge to pay roughly $321,000 in attorney fees as a sanction for "flagrant conduct" involving their failure to properly investigate patent infringement claims filed on behalf of a client related to smart glass technology.
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July 28, 2025
Magistrate Won't DQ McKool Smith In Headwater IP Case
A Texas magistrate judge has rejected Headwater Research LLC's bid to disqualify McKool Smith LLP from representing AT&T in a wireless patent infringement suit, determining that its attorneys weren't exposed to confidential information while working with a potential business partner.
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July 28, 2025
11th Circ. Backs Axing IP Suit Over Russian Band's Songs
The Eleventh Circuit ruled Monday that a Florida federal judge correctly dismissed a copyright complaint from a company that claims to own the rights to audio and video recordings of Russian pop group Tender May, saying the lower court did not have personal jurisdiction over the French digital music company being sued.
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July 28, 2025
Rising Star: Reichman Jorgensen's Adam Adler
Adam Adler of Reichman Jorgensen Lehman & Feldberg LLP liberated Marvel Characters' "Super Hero" trademark and took on Amazon Web Services to protect a startup's cloud data storage patents, earning him a spot among the intellectual property law practitioners under age 40 honored by Law360 as Rising Stars.
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July 28, 2025
Cozen O'Connor Lands 4 IP Attys From Eversheds, Buchalter
Cozen O'Connor announced Monday that it has added two intellectual property partners from Eversheds Sutherland and another prominent IP attorney from Buchalter PC in the San Diego area, with another Eversheds Sutherland partner set to join the team later this week.
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July 28, 2025
9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton
The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.
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July 28, 2025
GSK Asks China's Hengrui To Develop 12 Drugs For $12B
Pharmaceutical giant GSK said Monday that it will pay up to $12 billion for Hengrui Pharma of China to develop up to 12 medicines to add to its respiratory, immunology and oncology pipelines.
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July 25, 2025
Coffee Co. Says Tech Firm Brewed Trademark Conflict
A coffee roaster is accusing a coffee-focused tech firm of wrongly obtaining a trademark registration for the phrase "meet the farmer" and waging an anticompetitive campaign to damage the roaster over its use of the phrase.
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July 25, 2025
OpenAI Urges 9th Circ. To Ax Injunction In Trademark Dispute
OpenAI has asked the Ninth Circuit to vacate an injunction temporarily blocking it from using the trademark associated with acquired competitor IO Products Inc., slamming the litigation as a "transparent attempt to exploit the recent merger announcement."
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July 25, 2025
Reviewing Stewart's Latest Discretionary Denial Decisions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued just eight discretionary denial decisions over the last week, including one that addressed arguments tying in the Biologics Price Competition and Innovation Act for the first time.
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July 25, 2025
Anthropic Asks To Stay Copyright Suit To Appeal Class Cert.
Anthropic PBC has said it will seek a quick appeal to the Ninth Circuit of a California federal judge's decision last week to certify a class of owners of copyrights for books included in pirate websites that were downloaded by the AI developer to train its Claude generative text model.
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July 25, 2025
Punitive Damages Denial Stands In Jack Nicklaus' Fla. Suit
A Florida state judge has rejected legendary golfer Jack Nicklaus' motion to reconsider the denial of a punitive damages claim in a defamation suit against a company Nicklaus founded and two of its officers.
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July 25, 2025
Texas PE Firm Claims 'Lone Star' Rival Stole Its Name, Logos
A private equity firm that manages the Lone Star Funds hit an upstart rival called Lone Star Capital with a trademark infringement lawsuit in Texas federal court Thursday, accusing the firm of intentionally ripping off its trademarks and logos amid its aggressive marketing blitz in an effort to dupe investors.
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July 25, 2025
Trump Directs NLRB And DOL To 'Clarify' Athletes' Status
President Donald Trump has directed the U.S. Department of Labor and the National Labor Relations Board to "clarify" the status of college athletes as part of a broader push to halt changes to collegiate athletics following the courts' end to certain restrictions on compensating players.
Expert Analysis
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EU Space Act Could Stifle US Commercial Operators
The EU Space Act, proposed last month, has the potential to raise global standards for safety and sustainability in space, but the U.S. and EU need to harmonize their regulatory approaches to avoid imposing regulatory burdens that undermine commercial innovation and agility, say Jessica Noble and Adriane Mandakunis at Aegis Space Law.
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A Word On Ensuring Precision In Patent Claim Construction
The Federal Circuit's recent decision in Express Mobile v. Meta Platforms, overruling the Patent Trial and Appeal Board's interpretation of the term "style," highlights the importance of articulating claim constructions that are as clear as possible, says Derrick Carman at Robins Kaplan.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Does Research Tool Safe Harbor Cover AI Drug Development?
As artificial intelligence increasingly takes root in drug development, many questions may emerge regarding current gaps in courts' application of the research tool exception to the safe harbor defense against patent infringement, and whether that defense applies to AI-based tools, say attorneys at Arnold & Porter.
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Tips For Business Users After 2 Key AI Copyright Decisions
Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Copyright Takeaways From 2 Calif. GenAI Rulings
Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.
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Opinion
Juries Are Key In Protecting The Rule Of Law
Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Brand Protection Takeaways From OpenAI Trademark Case
The ongoing battle between IYO and OpenAI offers critical lessons on diligent trademark enforcement and proactive risk management for startups and established players alike navigating branding in the rapidly evolving artificial intelligence sector, say attorneys at Dykema.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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IP Due Diligence Tips For AI Assets In M&A Transactions
Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Opinion
New USPTO Leadership Must Address Low-Quality Patents
With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.