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  • May 09, 2025

    NC Finance Co. Says Ex-Director Kept Client Contact Info

    A financial advising company took its former client services director to North Carolina's Business Court after he allegedly told the firm's president that he was not going to delete client information from his personal phone following his termination and intended to use it to solicit his ex-employer's customers.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    Casinos' Market Too Broad In Monopoly Suit, Ill. Judge Hears

    Card shuffler giant Light & Wonder argued Thursday that an Illinois federal judge shouldn't let a group of casinos take the company to trial claiming it used fraud and sham litigation to secure a monopoly because they "cannot, did not and will not" define a relevant market for their case.

  • May 08, 2025

    PTAB Adds To Apple's Victories Invalidating Geolocation IP

    The Patent Trial and Appeal Board has invalidated claims of three geolocation patents challenged by Apple, less than a week after the Federal Circuit found the same patents didn't meet eligibility requirements.

  • May 08, 2025

    Atturo Tire Again Presses High Court To Take Up $10M IP Fight

    Atturo Tire Corp. has urged the U.S. Supreme Court to ignore Japanese tire giant Toyo Tire Corp.'s argument that the justices should not review the Federal Circuit's upending of a $10 million award against Toyo for interfering with Atturo's business through patent settlements with other companies.

  • May 08, 2025

    Ramey IP Atty Likely To Get Sanctioned Over Netflix Doc Swap

    A California federal judge indicated Thursday he'll likely grant Netflix's request for monetary sanctions against a prolific patent plaintiff's former counsel William Ramey and the Ramey LLP law firm for giving Netflix's confidential information to nonparty AiPi LLC, but probably won't pursue the streamer's request for a civil contempt finding.

  • May 08, 2025

    Schwan's Moves To Block Conagra's Late Expert Reports

    Schwan's has urged a Minnesota federal judge to throw out late-stage expert testimony and documents introduced by Conagra Brands in a trade secrets lawsuit over the company's hiring of a former Schwan's scientist, saying that its food business rival engaged in "trial by ambush" by unveiling new damages theories and evidence after the close of discovery.

  • May 08, 2025

    Ruling Over Expired Bard Patent Causes Split, Justices Told

    Atrium Medical has asked the U.S. Supreme Court to review a Ninth Circuit ruling that revived a $53 million breach of contract lawsuit against it by C.R. Bard, saying the appeals court "takes a dramatically different approach" from other circuits on royalty payments.

  • May 08, 2025

    Counterfeit Goods Hit $467B Globally In 2021, Report Says

    Counterfeit and pirated goods accounted for $467 billion in global trade in 2021, reflecting a slight increase from pre-pandemic levels, according to a report from the Organization for Economic Cooperation and Development and the European Union ÃÛÌÒÊÓÆµ Office.

  • May 08, 2025

    Fed. Circ. Questions 'Kist' And 'Sunkist' Mark Differences

    The Federal Circuit on Thursday grappled with whether a trademark tribunal relied on enough evidence to conclude that "Kist" and "Sunkist" were dissimilar marks in the soft drink market, questioning if Kist's use of red lips on packaging sent to distributors was enough to distinguish its brand from its competitor.

  • May 08, 2025

    Nike, Patent Owner End Dispute Over Sports Bra Pockets

    Nike Inc. has resolved its dispute with a patent owner that accused the sportswear giant of infringing a patent with a sports bra that has built-in pockets, according to a filing in Massachusetts federal court.

  • May 08, 2025

    Food Biz Seeks Exit From Wonderful Co.'s Trademark Suit

    Food company Own Your Hunger Inc. has asked a California federal judge to toss a trademark infringement lawsuit by competitor Wonderful Co. LLC, known for its Wonderful Pistachios, over the name and packaging of the defendant's nut-based products, arguing that Wonderful's claims are based on discontinued designs and trademarks.

  • May 08, 2025

    Judge Says No French Connection In L'Oreal Hair Relaxer MDL

    An Illinois federal judge has dismissed L'Oréal USA Inc.'s French parent company from multidistrict litigation alleging it and other companies' hair relaxer products can cause health problems, finding the company doesn't have sufficient connections to the U.S. for the court to have jurisdiction.

  • May 08, 2025

    Fed. Circ. Questions Roku Bid To Undo ITC Patent Loss

    Roku's effort to revive its U.S. International Trade Commission remote control patent case against Universal Electronics and others drew skepticism from the Federal Circuit on Thursday, with the judges questioning Roku's claim the patent was wrongly found invalid and that the company has a domestic industry.

  • May 08, 2025

    Fed. Circ. Weighs If Expert's Testimony Justifies Spine IP Loss

    A Federal Circuit panel on Thursday considered how much an expert strayed from a lower court's claim construction in an inventor's patent infringement suit against DePuy Synthes, with one judge questioning if it was merely effective cross-examination that tripped the expert up, and not much more.

  • May 08, 2025

    Hikma Cuts $50M Deal To End Antitrust Claims In Xyrem MDL

    A certified class of Xyrem buyers in 36 states have asked a California federal judge to preliminarily approve Hikma Pharmaceuticals PLC's $50 million deal to resolve antitrust claims accusing Hikma of colluding with rival Jazz Pharmaceuticals to block generic rivals from competing with Jazz's narcolepsy drug.

  • May 08, 2025

    PTAB Labels Decision Ending Hulu Fights As Informative

    The Patent Trial and Appeal Board has designated as informative an April decision where the acting head of the U.S. Patent and Trademark Office ended Hulu's challenges to a patent on inserting ads in media content.

  • May 08, 2025

    Instacart, Partiful Allegedly Infringed 'FIZZ' TM To Target Gen Z

    Silicon Valley-based social media platform Fizz Social Corp. has accused Instacart and Partiful of ripping off its event planning platform's "FIZZ" trademark to launch a rival "Fizz app" that specifically targets the so-called Gen Z demographic, according to a trademark infringement and anti-cybersquatting lawsuit filed in California federal court.

  • May 08, 2025

    Ex-Fed. Circ. Judge Leaves Sullivan & Cromwell For Own Firm

    Former Federal Circuit Judge Kathleen O'Malley has left Sullivan & Cromwell LLP and started her own consulting firm, she announced Thursday.

  • May 08, 2025

    TGI Fridays In-House Atty Rejoins Haynes Boone In Dallas

    Haynes Boone announced Thursday that it has rehired an attorney who previously worked for the firm's trademark and advertising practice group, before leaving to do in-house work for Yum Brands and TGI Fridays, to enhance its brand strategy and management services.

  • May 08, 2025

    Fix For Roster Limits In NCAA's NIL Deal Awaits Judge's Nod

    Current and prospective college athletes whose spots on their team rosters were jeopardized by the NCAA's settlement of a name, image and likeness antitrust class action will be allowed to play again, according to the latest version of the deal, which a California federal judge found last month needed a revision.

  • May 07, 2025

    Fed. Circ. Upholds Ioengine Loss While Limiting IPR Estoppel

    The Federal Circuit held for the first time Wednesday that estoppel from inter partes reviews only applies to arguments based on printed publications, upholding a jury's invalidation of Ioengine LLC's flash drive patents for being publicly available.

  • May 07, 2025

    Perkins Coie's DQ Applies To MoFo Co-Counsel, IP Judge Told

    FaceTec Inc. told a California federal judge it plans to seek to disqualify Morrison Foerster LLP from representing Jumio Corp. in patent infringement litigation involving facial recognition technology, arguing the law firm previously served as co-counsel with recently disqualified Perkins Coie LLP and therefore can't now replace Perkins Coie.

  • May 07, 2025

    USPTO Official Says 13% Of APJs Have Left Under Trump

    The Patent Trial and Appeal Board has lost about 30 administrative patent judges and 20 staff members as the Trump administration is providing incentives to leave the government, Chief Administrative Patent Judge Scott Boalick said Wednesday.

  • May 07, 2025

    Patent Examiners Tell GAO Quantity Beats Quality

    Patent examiners at the U.S. Patent and Trademark Office feel like they're pressured to sacrifice patent quality in the interest of getting more patents out the door, the Government Accountability Office said in a report released Wednesday exploring what it called "persistent examination and quality challenges" at the agency.

Expert Analysis

  • Penn State Brand Case Leaves Ornamentality Unresolved

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    While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

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    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Reviewing 2024's AI Patent And Copyright Developments

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    Attorneys at Rothwell Figg provide highlights on procedural and substantive intellectual property issues pertaining to AI in 2024 from the Copyright Office and U.S. Patent and Trademark Office, followed by what to expect in 2025.

  • Trump, Tariffs And Tech: The Right To Repair In 2025

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    The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

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