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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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • April 30, 2025

    Netflix Hits Broadcom With Another Cloud Patent Suit

    Netflix expanded its patent infringement dispute with Broadcom and one of its recently acquired entities in California federal court, accusing them of selling products that leverage patented technology for keeping online services running smoothly, managing computer networks and syncing time between devices.

  • April 30, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.

  • April 30, 2025

    Judge Keeps Pfizer Foe's COVID Vaccine Patent Case Alive

    The chief judge for the Delaware federal court has turned down a bid from Pfizer and BioNTech to invalidate patent claims asserted against their blockbuster COVID-19 vaccine, in a case set to go before a jury later this year.

  • April 30, 2025

    Del. Judge Won't Let MSN Fight Entresto Orange Book Entry

    A Delaware federal judge has shot down MSN Pharmaceuticals Inc.'s attempt to get its generic version of Novartis' blockbuster cardiovascular drug Entresto on the market immediately by removing the branded-drug maker's patent from a federal database.

  • April 30, 2025

    Fed. Circ. Upholds PayPal, Apple Patent Wins Over Fintiv Inc.

    PayPal Holdings Inc. successfully persuaded the Federal Circuit on Wednesday to uphold the invalidation of Fintiv Inc. mobile wallet patents it's accused of infringing, which then led to Apple Inc. beating a related appeal. 

  • April 30, 2025

    SC Judge Tosses Suit In Bed Trademark Dispute

    A South Carolina federal judge has thrown out a suit from American Serleep seeking a declaration that it never infringed any trademark of rival Purple Innovation, saying the Palmetto State isn't the right place for the case.

  • April 30, 2025

    Google's Sanctions Bid In Patent Case Rejected By Judge

    A New York federal judge has shot down Google's bid for sanctions of a location tracking patent owner in litigation accusing the search engine giant of infringement, calling the request "unnecessary."

  • April 30, 2025

    Akoustis Gets OK For $30M Sale To SpaceX Subsidiary

    A Delaware bankruptcy judge has approved a $30 million sale of some of the assets of radio frequency filter maker Akoustis Technologies to a SpaceX subsidiary after the debtor reached an agreement with a competitor that had concerns about trade secrets possibly being sold.

  • April 30, 2025

    Space Org. Avoids Charges After Helping In China Export Case

    The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct. 

Expert Analysis

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • What Fed. Circ. Ruling Means For Patent Case Dismissals

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    ​​​​​​​The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

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    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

  • Declaring Unexpected Results: Pitfalls For Rule 132 At PTAB

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    Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.

  • IP Ruling Likely To Limit Arguments Against Qualified Experts

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    The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.

  • Dissecting The Obviousness-Type Double Patenting Debate

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    The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • 9th Circ.'s High Bar May Limit Keyword Confusion TM Claims

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    A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.

  • Trump Patent Policy May Be Headed In Unexpected Direction

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    While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.

  • Best Practices For Influencer Trademark Protection

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    Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.

  • What Trump's Next Term May Mean For Biz Immigration

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    Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights

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    A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.

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