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Rising PTAB Filings Follow Surge In Patent Cases
The number of petitions filed with the Patent Trial and Appeal Board ticked up last year, following a similar increase in federal court litigation and suggesting that activity at the board has somewhat stabilized, according to a new report.
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June 12, 2025
These Firms Are Landing The Most PTAB Work
Intellectual property powerhouse Fish & Richardson again secured the top spot on a list of firms appearing in the most trials over the past three years in front of the Patent Trial and Appeal Board.
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June 12, 2025
10th Circ. Says Timer Still Ticking In Sycamore Bakery TM Suit
The Tenth Circuit on Thursday backed a lower court decision shooting down a bid to terminate an order requiring the patriarch of a bakery business to hand over his portion of an LLC as part of a long-running feud with EarthGrains Baking Cos. Inc.
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June 12, 2025
Athletes Revive Title IX Objections In NIL Settlement Appeal
Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.
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June 12, 2025
Nutrien Says Ex-Employee Helped NC Rival Steal Office, Staff
The retail arm of global fertilizer company Nutrien Ltd. has accused a former crop consultant of swiping its trade secrets before decamping for a rival, saying in a federal lawsuit that he colluded with his new employer to hijack a branch office, its staff and its customers.
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June 12, 2025
Deloitte Consulting Hit With TM Suit Over AI Platform
A blockchain-focused web platform that offers artificial intelligence tools has launched a lawsuit in New York federal court accusing Deloitte Consulting of infringing its trademark rights with its generative AI services product.
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June 12, 2025
Security Co. Drops Trade Secrets Claims Against Contractor
A Connecticut security monitoring company on Thursday dropped a federal lawsuit alleging that a sales contractor bought a secret list of more than 20,000 clients from a service technician and hatched a plan to sell it to competitors.
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June 12, 2025
Judiciary Committee Clears Squires For Full Senate Vote
The U.S. Senate Judiciary Committee approved former Goldman Sachs intellectual property attorney John Squires to serve as U.S. Patent and Trademark Office director on Thursday, putting his nomination in the hands of the full Senate.
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June 12, 2025
NC BBQ Restaurant's Trademark Tiff Lands In Federal Court
The namesake behind a chain of barbecue restaurants battling over their shared trademark being used on branded sauces has extricated a complaint from the North Carolina Business Court accusing it of Lanham Act violations, saying those claims belong in federal court.
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June 12, 2025
Greenberg Traurig Adds IP Atty From Kilpatrick In NY
Greenberg Traurig LLP has boosted its intellectual property offerings in New York with the addition of an experienced litigator from Kilpatrick Townsend & Stockton LLP.
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June 12, 2025
Boies Schiller Recruits 3-Partner Patent Litigation Team
Boies Schiller Flexner LLP announced Thursday that it has added a team of Spencer Fane LLP partners who specialize in high-stakes patent and trade secrets disputes to its patent litigation team in Washington, D.C.
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June 11, 2025
Ex-Google Engineer Loses Bid To Toss AI Espionage Counts
A California federal judge has refused to toss economic espionage charges against an ex-Google engineer accused of stealing artificial intelligence trade secrets to help startups in China, adding that prosecutors' assertion that the man was trying to benefit the People's Republic of China "as opposed to benefiting himself ... seems dubious."
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June 11, 2025
Micron's National Security Arguments Fall Flat At PTAB
The Patent Trial and Appeal Board has said it will consider patent validity challenges that Micron Technology Inc. and Yangtze Memory Technologies Co. brought against each other, overriding the competing semiconductor companies' efforts to escape scrutiny, including Micron's national security arguments.
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June 11, 2025
Stewart Won't Retroactively Apply New PTAB Denial Policy
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has rejected Efficient Power Conversion's request that she apply her new policies on when Patent Trial and Appeal Board petitions should be denied to a case instituted last year that invalidated the company's patent.
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June 11, 2025
9th Circ. Backs Reddit Win In WallStreetBets Creator's TM Suit
The Ninth Circuit on Wednesday refused to revive WallStreetBets subreddit founder Jaime Rogozinski's lawsuit accusing Reddit Inc. of hijacking his creation and infringing his right to trademark the brand, saying in an unpublished opinion that Rogozinski failed to adequately plead ownership over the brand mark.
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June 11, 2025
PTAB Issues Mixed Group Of Discretionary Denial Decisions
The Patent Trial and Appeal Board has invoked its discretion to free Nike Inc. and Cleveland Medical Devices from having their patents scrutinized, but refused to do so for Vermeer Manufacturing Co.
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June 11, 2025
NJOY Can't Ax Juul Vape Patent At PTAB After ITC Loss
The Patent Trial and Appeal Board has refused to invalidate various claims in a Juul vape patent challenged by Altria's NJOY brand, months after NJOY was found to infringe the same patent in a U.S. International Trade Commission case.
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June 11, 2025
IP, Health Law Scholars Object To 23andMe Ch. 11 Data Sale
A number of university scholars urged a Missouri bankruptcy judge to require that DNA testing company 23andMe Holding Co.'s asset sale be contingent on the final buyer maintaining policies that benefit biomedical researchers.
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June 11, 2025
Filmmaker Ends Case Against Netflix, LeBron Over 'Rez Ball'
A California federal judge on Wednesday dismissed a copyright lawsuit with prejudice by a filmmaker who accused Netflix Inc., NBA superstar LeBron James and others of lifting elements from his script to make the movie "Rez Ball" after the parties filed a notice with the court.
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June 11, 2025
Fed. Circ. Backs PTAB Invalidation Of Agilent CRISPR Patents
The Federal Circuit on Wednesday affirmed Patent Trial and Appeal Board decisions finding every claim invalid in two Agilent Technologies patents on the gene-editing tool CRISPR, sealing a win for Synthego Corp., which has been accused of infringing them.
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June 11, 2025
Epic Games Hits Fortnite Cheat Maker With Copyright Suit
Fortnite maker Epic Games is suing a German cheat software developer, alongside resellers of the software, in North Carolina federal court for allegedly violating copyright law and interfering with contracts Epic has with its players.
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June 11, 2025
Judge Won't Boost $10.5M Patent Verdict Against ASUSTeK
A Texas federal judge has refused to increase the $10.5 million award that a jury earlier this year said the Taipei-based laptop-maker ASUSTeK Computer Inc. owed after finding it had infringed a pair of Force MOS Technology Co. Ltd. electronic component patents.
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June 11, 2025
Local News Site Publisher Faces IP Claims Over Celebrity Pics
A New York photographer went to Colorado federal court on Wednesday to accuse an online news company of publishing his photos of celebrities Beyoncé Knowles Carter, Jennifer Lopez and actor Justin Theroux without his permission and without paying him to license the copyrights on those pictures.
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June 11, 2025
New York Judge Won't Nix Cannabis Co. Logo Block
A Manhattan federal judge has refused to vacate a three-and-a-half-year-old decision that barred a cannabis-themed apparel brand from using symbols in its wares that New York City alleged were infringements of the city's trademarked logos.
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June 11, 2025
Sony Fights Feds' 'Bewildering' Support Of Cox's High Court Bid
Sony Music Entertainment and other music publishers questioned the federal government's "bewildering" support for Cox Communications Inc.'s challenge at the U.S. Supreme Court to a Fourth Circuit ruling affirming a contributory copyright infringement verdict against the internet service provider, saying only the verdict's vicarious liability finding should be reviewed.
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June 11, 2025
These Firms Are Landing The Most Patent Litigation Work
Rabicoff Law LLC reclaimed its status as the most active firm for patent plaintiffs, having filed more than twice as many cases in 2024 as it did in 2023, according to a new report from Lex Machina.
Editor's Picks
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Aggressive USPTO Policy Push Suggests 'It's Lutnick's Show'
U.S. Patent and Trademark Office acting Director Coke Morgan Stewart's three months in charge have featured an unprecedented level of policymaking for an interim leader, suggesting that Secretary of Commerce Howard Lutnick has a vision for the agency and he's not waiting for the U.S. Senate to confirm a new director to pursue it.
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PTAB Denial Rules Shaken Up By Fintiv Memo Withdrawal
The U.S. Patent and Trademark Office on Friday rescinded a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation, which attorneys said gives the board broader discretion on such denials and could lead to more of them.
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4 Takeaways From 1st Opinion On AI Training And Fair Use
A Delaware federal court's rejection of a company's fair use defense for using copyrighted material to train an artificial intelligence program is a key moment in the clash between copyright law and AI development, as both intellectual property owners and tech companies seek favorable judicial guidance.
Expert Analysis
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Prospects And Challenges For Expert Evidence At The UPC
Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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Increased Tariffs Create Opportunity To Protect IP Rights
Heightened tariffs on certain foreign imports have created operational and fiscal challenges for companies, but the corresponding increase in customs inspections could offer a silver lining of more consistent enforcement against counterfeit and infringing goods, says Andraya Pulaski Brunau at Day Pitney.
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Prior Art Ruling Highlights Importance Of Detailed Elaboration
The U.S. Patent and Trademark Office's recent decision in Ecto World v. RAI Strategic Holdings shows that when there is a possibility for discretionary denial, and the examiner has potentially overlooked prior art, patent owners should elaborate on as many of the denial factors as possible, says Frank Bernstein at Squire Patton.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Section 899 Could Be A Costly Tax Shift For US Borrowers
Intended to deter foreign governments from applying unfair taxes to U.S. companies, the proposal adding new Section 899 to the Internal Revenue Code would more likely increase tax burdens on U.S. borrowers than non-U.S. lenders unless Congress limits its scope, says Michael Bolotin at Debevoise.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Opinion
Anti-Counterfeiting Efforts Must Hold China Accountable
As the Organization for Economic Cooperation and Development drafts guidelines for combating counterfeit goods, U.S. representatives must be frank about the need to hold Chinese platforms accountable for their role in counterfeiting — and specific about the changes that will be required, says Eli Clemens at the Information Technology and Innovation Foundation.
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Securing IP Protection For AI Avatars
As artificial intelligence avatars play an ever-expanding role in sales, operations and entertainment, companies must plan for intellectual property protection for these brand assets as their control will turn on the nuances of their creation and use, say attorneys at K&L Gates.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Parsing A Lack Of Antitrust Info-Sharing Enforcement Clarity
Information sharing among competing firms has recently faced dramatic changes in antitrust agency guidance, while courts grapple with the permissible scope of pricing algorithms, leaving companies in limbo, but potential Trump administration changes could offer some reprieve, say attorneys at Axinn.
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Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling
After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Strategies For Litigating In The Unified Patent Court
Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.