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May 02, 2025
Fed. Circ. Gives MSN Short Pause For Entresto Appeal
The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.
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May 02, 2025
This Is Real Life, Site Asking To Ax Grand Theft Auto Suit Says
The developer of the "Grand Theft Auto"Â video game series cannot decide the rules and consequences for players in real life like it does in virtual environments, a website that sells hacks for video games has told a California federal court, urging it to dismiss copyright and trademark claims from Take-Two Interactive Software Inc.
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May 02, 2025
4 Mass. Rulings You May Have Missed In April
Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.
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May 02, 2025
Conn. Burrito Joints Settle Trademark, Cash Raid Suit
Two Connecticut restaurants with similar names, operated by onetime romantic partners, have settled a federal trademark and trade secrets suit accusing the allegedly infringing business of improperly using cash and ideas from the original.
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May 02, 2025
TSA Owes $170.6M In Patent Suit From Fla. Biz
The Court of Federal Claims has found that the Transportation Security Administration owes more than $170 million for infringing a Florida company's patent on a method for speeding up security screenings.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
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May 02, 2025
Faegre Drinker Lands Patent Team From Wilson Sonsini
Faegre Drinker Biddle & Reath LLP added a partner, an associate and two patent agents from Wilson Sonsini Goodrich & Rosati PC to bolster its intellectual property practice, the firm has announced.
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May 02, 2025
Mayer Brown Adds IP Litigator In DC From ArentFox Schiff
Mayer Brown LLP expanded its intellectual property practice with the recent addition of a patent litigator to the firm's Washington, D.C., office.
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May 02, 2025
Goodwin Adds Scientist IP Partner From Cooley On West Coast
A seasoned life sciences and intellectual property attorney with a doctorate in biochemistry, biophysics and molecular biology has joined Goodwin Procter LLP on the West Coast, the firm announced.
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May 02, 2025
USPTO's Financial Officer Latest To Depart Agency Leadership
The U.S. Patent and Trademark Office's chief financial officer has left the agency, marking another departure of a high-level USPTO official while the Trump administration looks to reduce government headcount.
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May 02, 2025
Medical Pot Co. Says Ex-COO Took Patients' Info To Rival
Medical cannabis company MMJ Health Labs LLC is suing a former contractor and chief operating officer in Florida federal court, saying he stole proprietary information, including patient records, and provided them to a competitor.
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May 02, 2025
Warner Music Sues DSW Alleging Unauthorized Song Use
A group of music recording companies under the Warner Music Group banner hit DSW with a copyright infringement lawsuit in Ohio federal court, accusing the shoe retailer of using the labels' music in social media marketing videos without permission.
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May 01, 2025
WhatsApp Trial Judge Bars NSO's 'Outlandish' IP Theft Claim
A California federal judge presiding over a damages trial over how much Israeli spyware-maker NSO Group owes for hacking 1,400 WhatsApp users' devices ruled Thursday NSO's counsel violated multiple pretrial orders, finding corrective instructions are warranted and barring counsel from making the "outlandish" claim Meta Platforms' spyware-attack remediation was trade secret theft.
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May 01, 2025
5 Fed. Circ. Clashes To Watch This Month
The Federal Circuit's argument calendar for May includes appeals of two nine-figure patent verdicts — one against Apple and one against Medtronic — and Roku's bid to revive its remote control patent suit at the U.S. International Trade Commission after a loss tied to the commission's domestic industry requirement.
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May 01, 2025
Market Effect Key In Authors' IP Suit Against Meta, Judge Says
Whether it was fair for Meta Platforms to use copyrighted books without permission to train an artificial intelligence platform will come down to how the market for those books is impacted, regardless of how transformative the innovation may be, the California federal judge overseeing a proposed class action from a group of bestselling authors said Thursday.
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May 01, 2025
Senators Reintroduce Patent Eligibility, PTAB Reform Bills
U.S. Sens. Thom Tillis and Chris Coons on Thursday brought back two significant patent reform bills from last term that overall aim to make invalidating patents more difficult.
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May 01, 2025
Photo Agency, Country Club Settle Suit Over Prime Rib Picture
A photo licensing company has settled its copyright lawsuit that alleged a Maryland golf and country club used a picture of a prime rib roast in its promotional materials without permission.
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May 01, 2025
'Open AI' TM Fight Should Go To Trial, Website Owner Says
Open Artificial Intelligence said key questions in a trademark dispute with OpenAI should go before a jury, arguing there were too many factual issues for the ChatGPT developer to obtain a ruling in its favor in the fight.
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May 01, 2025
US Tells Justices Telemedicine Case Isn't Ideal For Eligibility
The Justice Department is urging the U.S. Supreme Court to reject a petition over the eligibility of telemedicine patents it's accused of infringing, but it said that if the petition is granted, it plans to argue the patents shouldn't have been invalidated as abstract.
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May 01, 2025
TM Dispute Over Flag Football's Governing Body Stays Alive
A Texas federal judge on Thursday shot down USA Football's bid to escape claims from USA Flag in a simmering feud over the national leadership of flag football within the U.S., saying there are many factual issues that need to be put in the hands of a jury.
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May 01, 2025
Hair, Makeup, Legal: The Lawyering Behind The Met Gala
While the red carpet arrivals of the biggest names in the entertainment industry are sure to win the most attention at the Met Gala on Monday, attorneys also play a significant role in advising the brands and celebrities at the center of fashion's biggest night.
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May 01, 2025
Frida Kahlo Co. Tries To Revive Suit Against Kahlo Family
A company that claims to own various Frida Kahlo trademarks urged the Eleventh Circuit on Thursday to revive its lawsuit against Kahlo's family over cease-and-desist letters the family sent to partners in exhibitions of the Mexican artist's work that the company says interfered with its business.
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May 01, 2025
11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict
The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.
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May 01, 2025
BBB National Programs Division VP Joins Simpson Thacher
Simpson Thacher & Bartlett LLP announced Thursday that it has hired the former vice president of BBB National Programs Inc.'s National Advertising Division to lead its advertising advisory and litigation practice.
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May 01, 2025
Baking Co. Burned For Revealing Recipe After IP Trial Loss
A Pennsylvania federal judge had strong words of warning Wednesday for Bundy Baking Solutions, a baking products company that lost a jury trial over a rival's trade secrets and responded to a motion for a permanent ban by allegedly disclosing some of those same secrets on a public docket.
Expert Analysis
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Lessons From The Pharma Industry On Patent Cliffs
In the next five years, patents for drugs that have generated billions in global sales are set to expire, and companies that view this imminent patent cliff as an opportunity for strategic renewal rather than a challenge will be best positioned to maintain market leadership, says Keegan Caldwell at Caldwell Law.
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FTC Report On AI Sector Illuminates Future Enforcement
The Federal Trade Commission's report on cloud service providers and their partnerships with developers of artificial intelligence's large language models suggests that the agency will move to rein in Big Tech with antitrust enforcement to protect startups, say attorneys at Squire Patton.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it’s important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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What Nearshoring Growth In Americas Means For Patents
With the new U.S. administration potentially focused on implementing draconian trade restrictions, nearshoring in the Americas is expected to grow, and patent prosecution attorneys will be kept on their toes as the patent landscape from country to country continues to evolve, says Ernest Huang at Procopio.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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Influencer IP Case Risks Judges Becoming Arbiters Of 'Vibes'
The case of Gifford v. Sheil, pending in Texas federal court, involves an influencer alleging that distinctive social media aesthetics constitute protectable property, and reflects a troubling trend: the overreach of intellectual property law in areas better left for creative freedom, say attorneys at Holland & Knight.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At FDA's Plans To Establish New OTC Drug Category
The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Patent Ruling Sheds Light On Printed Matter Doctrine
Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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US-China Deal Considerations Amid Cross-Border Uncertainty
With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.
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Considering The Status Of The US Doctrine Of Patent Misuse
A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.