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School's Out: 8 Summer Reading Picks For IP Attorneys

For busy intellectual property attorneys, summer can present the perfect opportunity to catch up on some reading, whether it's a treatise on contracts in the entertainment sector or a vivid work of science fiction that has the potential to bring new perspective to one's personal and professional lives.
June 25, 2025
Copyright Office Won't Collapse Sans Perlmutter, Trump Says

The Trump administration has said the fired leader of the U.S. Copyright Office has not shown that the agency's operations "will grind to a halt" if she is not immediately reinstated and asked a D.C. federal judge to reject her motion for a preliminary injunction.
June 25, 2025
BREAKING: Judge Says Meta's AI Training On Copyrighted Books Is Fair Use

A California federal judge said Wednesday that it was fair for Meta Platforms to take copyrighted material to train its large language models called Llama, rejecting the arguments from a group of bestselling authors who alleged the tech giant infringed their works by using them without permission and sometimes obtaining them through pirating sites.
June 25, 2025
Ex-Google Engineer Nixes Evidence Over Miranda Violation

A California federal judge has ordered that statements a former Google engineer made to federal agents investigating him for espionage and trade secret theft must be suppressed because they violated the Chinese national's Miranda rights.
June 25, 2025
Stroller Maker Can't Escape Rival's Patent Suit

A Massachusetts federal judge has denied a bid from a baby products company to escape patent infringement claims from a rival, saying the eight years of inaction between the case being filed and when the parties last corresponded about the patent was not enough to reasonably assume that the patent wouldn't be enforced.
June 25, 2025
Atty's Ex-Wife Tells NC Justices She's Owed Half Firm's Worth

The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution.
June 25, 2025
Feds Remark On Injunction Bid In IP Suit Against Samsung

Nonpracticing entities are allowed to get preliminary injunctions in patent cases in situations where a patent owner can show that it would be irreversibly harmed without one, the federal government has said in an infringement case against Samsung.
June 25, 2025
Farm Products Co. Sues Ex-Owner Over Trade Secrets Theft

Agricultural products company AgXplore sued a former owner claiming that after a $100 million buyout he continued to compete with the company and misappropriated its trade secrets.
June 24, 2025
Wash. Smoke Shop Settles Store Name TM Suit

A Washington smoke chain has agreed to end claims against several rivals it accused of trademark infringement after they allegedly engaged in unauthorized use of its name, Smoke City, so they could trade on the goodwill it had developed with customers.
June 24, 2025
Anthropic Copyright Ruling May Spur More AI Licensing Deals

The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.
June 24, 2025
Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.

Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.
June 24, 2025
Sirius XM Fee Suit Undermined By Site Changes, Judge Hints

A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.
June 24, 2025
Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban

California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.
June 24, 2025
Fed. Circ. Adds Groombridge Wu Partner To Advisory Council

The Federal Circuit said Tuesday that it will add Jennifer Wu, a founding partner at Groombridge Wu Baughman & Stone, to an advisory council that studies and makes recommendations to the court's rules and operating procedures.
June 24, 2025
US Chamber Says Copyright Infringement Costing Billions

A report released Tuesday from the U.S. Chamber of Commerce said copyright infringement is costing the U.S. economy billions of dollars each year and resulting in hundreds of thousands of lost jobs.
June 24, 2025
Greenberg Traurig Adds Hogan Lovells Tech Litigator In SF

Greenberg Traurig LLP is boosting its intellectual property team, announcing Tuesday that a technology litigator from Hogan Lovells is joining its San Francisco office as a shareholder.
June 24, 2025
Fed. Circ. Backs Unified Patents' PTAB Win Over Streaming IP

The Federal Circuit refused to revive a pair of claims in a DivX streaming patent, backing a Patent Trial and Appeal Board decision that said challenger Unified Patents was able to show the claims were invalid.
June 24, 2025
House Reps. Seek Copyright Protections For Building Codes

Two members of Congress reintroduced a bill that would allow organizations that develop standards and codes for buildings to copyright their work so long as they offer a free version of the information.
June 24, 2025
Anthropic Can Train AI On Books But Faces Trial On Pirating

A California federal judge said artificial intelligence firm Anthropic can use books to train its LLM under the principle of fair use, but said the company would go to trial against a group of authors over the storage of millions of pirated books.
June 24, 2025
Pet Product Co. Eyes Sanctions For Competitor In IP Row

A pet products company asked a Connecticut federal judge to sanction a competitor for allegedly evading service and contradicting itself in its arguments during the parties' dispute over a pet grooming tool patent, arguing the rival firm has wasted time and disrespected the judicial process.
June 23, 2025
Palantir Reaches Deal With Ex-Employees In AI Secrets Case

Palantir Technologies Inc. has reached a settlement with former employees it accused of stealing trade secrets to launch a competing artificial intelligence business, according to a notice asking a New York federal judge to let Palantir permanently dismiss its claims.
June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar

A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
June 23, 2025
X Nears Deal In Contract, Antitrust Fight With Data Scraper

A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.
June 23, 2025
Western Digital Gets $553M Patent Judgment Slashed To $1

A California federal judge has agreed to wipe out a $553 million verdict against Western Digital for infringing a SPEX Technologies Inc. data security patent, instead finding that Western Digital owes just $1, according to an order docketed Monday.
June 23, 2025
DraftKings Social Media Exec Agrees To Delete Rival's IP

A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.
June 23, 2025
NC Judge Axes Trucking Co.'s Noncompete For Overreach

A North Carolina state court judge has truncated a freight factoring company's suit accusing its former client services supervisor聽of luring clients to a competing business, finding that the complaint fell short of identifying the allegedly stolen trade secrets and that the former employee's noncompete is too broad to be enforced.

Editor's Picks

2024 Patent Litigation: A Year In Review

The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
My So-Called Retirement: Some IP Lawyers Just Can't Quit

When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises 鈥� flexible hours, fewer deadlines and less stress over having lots of people counting on you.
Trade Secrets Emerge As Path For Cos. To Protect AI Works

Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents 鈥� a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.

Expert Analysis

A Midyear Tuneup For Your Trade Secret Portfolio

Halfway through 2025, now is a good time for companies to thoroughly evaluate their trade secret portfolios and follow eight steps to reassess protection processes for confidential information, says Robert Jensen at Wolf Greenfield.
Series

Law School's Missed Lessons: Rejecting Biz Dev Myths

Law schools don鈥檛 spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
Why Funder Forecasts Don't Belong In Royalty Analysis

In denying the request for production of damages-model communications between Haptic and its litigation funder, which Apple argued were relevant to a reasonable royalty analysis, a California federal court recently reaffirmed an underappreciated principle 鈥� that the purpose and context of an estimate shape its evidentiary value, says Rick Eichmann at Secretariat Advisors.
Move Beyond Surface-Level Edits To Master Legal Writing

Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn鈥檛 just about superficial details like grammar 鈥� it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
NCAA Settlement Kicks Off New Era For Student-Athlete NIL

A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
Lessons From Recent Creative Clashes In Entertainment IP

Three recent controversies highlight when creative expression might cross over into infringing another party's rights, and how these potentially conflicting interests can be balanced, say attorneys at ArentFox Schiff.
9th Circ. Has Muddied Waters Of Article III Pleading Standard

District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion 鈥� making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
US Companies Must Recalibrate IP Strategy Amid China Shift

A recent order from the China State Council on intellectual property disputes is significant for U.S. companies, as it represents China's transformation into an assertive venue for patent enforcement, equipped with sophisticated tools for economic statecraft, says Keegan Caldwell at Caldwell Law.
Series

Competing In Modern Pentathlon Makes Me A Better Lawyer

Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
The State Of Play In Copyright Protection For Floor Plans

With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.
When Rule 12 Motions Against Class Allegations Succeed

Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.
Series

Law School's Missed Lessons: Teaching Yourself Legal Tech

New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
How IPR Estoppel Ruling May Clash With PTAB Landscape

Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.
How AI May Reshape The Future Of Adjudication

As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
When Legal Advocacy Crosses The Line Into Incivility

As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.