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June 06, 2025
Samsung Hits TCL With Smartphone Display Patent Suit
Samsung has sued Chinese smartphone maker TCL and others in Texas federal court, accusing the companies of infringing three patents on OLED display technology.Â
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June 06, 2025
Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita
A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.
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June 06, 2025
Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award
A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.
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June 06, 2025
Stewart Says PTAB Should 'Never' Cancel IP As A Sanction
The acting director of the U.S. Patent and Trademark Office revived Longhorn Vaccines & Diagnostics LLC patent claims on Thursday that her predecessor had invalidated to punish Longhorn for misconduct.
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June 06, 2025
Exelixis Escapes Cancer Drug Invalidity Bid At PTAB
Exelixis has beaten back a challenge to one of its patents covering the blockbuster drug Cabometyx after the Patent Trial and Appeal Board denied Azurity Pharmaceuticals' request to review the patent.
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June 06, 2025
X Corp., Music Publishers Say They Want To Settle IP Suit
A copyright dispute between music publishers and X Corp. is heading toward a potential settlement, with both sides on Friday asking a Tennessee federal judge to stay proceedings for 90 days so they can participate in negotiations.
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June 06, 2025
Stewart To Review PTAB Refusal To Ax TikTok IPRs
The acting head of the U.S. Patent and Trademark Office will review a decision by the Patent Trial and Appeal Board refusing to throw out TikTok's bids to invalidate a series of patents related to publishing multimedia content.
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June 06, 2025
Expert Witness Biz Says Ex-Worker Stole Trade Secrets
Litili, a company that connects expert witnesses to attorneys working on civil cases, has brought a lawsuit in California state court against its former account representative, alleging she took the firm's confidential proprietary business information and used it in her new role at a competing business.
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June 06, 2025
Honeywell Says 'Patent Troll' Trying To Extort Settlement
Honeywell is taking aim at a Canadian company that has allegedly pursued nearly 200 infringement lawsuits against various businesses based on the same five patents, saying in a federal complaint that the company is trying to scheme its way into a settlement.
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June 06, 2025
OpenAI CEO Calls NYT's ChatGPT Log Demand 'Inappropriate'
OpenAI CEO Sam Altman and his company have said they intend to appeal a Manhattan federal court order mandating the preservation of ChatGPT logs at the request of The New York Times and other news agencies in ongoing copyright infringement litigation, saying the demand goes too far.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 06, 2025
Payment Co. Faces Claims For 'Shockingly Easy' Data Access
Payment systems company Fiserv Inc. got hit with a data security suit by a credit union that claims its online banking platform is full of security flaws the company has known about for years and that allow "shockingly easy" attacks by cybercriminals.
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June 06, 2025
Greenberg Traurig Adds Perkins Coie Tech Transactions Pro
Greenberg Traurig LLP is expanding its technology team, bringing in a Perkins Coie LLP transactions whiz as a shareholder in its San Diego office.
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June 05, 2025
Judge Boosts $2.7M Window Shade Patent Verdict To $5.3M
A New York federal judge has refused to throw out a jury's verdict finding that lighting fixture company Lutron Electronics infringed a window shade patent owned by GeigTech, finding that Lutron owes $5.3 million in damages rather than the initial $2.7 million amount awarded by the jury.
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June 05, 2025
'Sparse' OPM Record On Mass Firings Backs Win, Unions Say
A "sparse and self-serving" record provided by the U.S. Office of Personnel Management still shows the agency unlawfully directed federal agencies to fire probationary employees en masse, so a California federal court can reach a final decision now and "unwind" those terminations, a coalition including unions and advocacy groups said Thursday.
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June 05, 2025
Musk's X Corp. Seeks Exit From Legal Marketing Co.'s TM Suit
Elon Musk's Twitter rebrand X Corp. urged a Florida federal judge Wednesday to reject claims that it infringed the trademark of an advertising agency for attorneys, arguing that each company offers different services for different audiences with no chance of consumer confusion.
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June 05, 2025
Fed. Circ. Probes IGT Claim That Zynga Couldn't Target Patent
Gambling technology company IGT faced hurdles Thursday as it argued to the Federal Circuit that mobile game maker Zynga should have been stopped from challenging one of its patents due to an earlier dispute, as the judges questioned whether the issue is appealable.
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June 05, 2025
Sens. Float Automatic Biosimilar Interchangeable Label
A bipartisan group of U.S. senators has reintroduced legislation that would reduce what the lawmakers called barriers to accessing lower-cost versions of biologic drugs, making an adjustment to how biosimilars are deemed interchangeable with their name-brand equivalents.
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June 05, 2025
Wash. Judge Rejects Spiritual Group's Revived Guru IP Claims
A Seattle religious group has failed to prove copyright claims against an ex-member over the spiritual teachings of its late founder, a Washington federal judge has ruled following the case's revival on appeal, quipping that time and money spent on the case "vastly exceeds" any evidence of harm.
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June 05, 2025
USPTO Wrongly Nixed Art Project Patent App, Court Told
An art kit company has urged a Virginia federal court to force the U.S. Patent and Trademark Office to reinstate its application for a patent, saying it's being punished because the operator of a patent services company used a licensed practitioner's signature without permission.
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June 05, 2025
Fed. Circ. Says Dolby Can't Appeal PTAB Decision In Its Favor
The Federal Circuit on Thursday dismissed Dolby Laboratories Licensing Corp.'s challenge to Patent Trial and Appeal Board proceedings that it prevailed on, spurning the company's appeal asserting that Unified Patents' failure to identify all of the interested parties should have nullified its case.
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June 05, 2025
3rd Circ. Says Amgen Can Proceed With Subpoena In IP Suit
The Third Circuit on Thursday sided with biotechnology company Amgen Inc. in its efforts to subpoena a competitor that it accused of patent infringement, reasoning that the panel lacked jurisdiction to hear the case because the lower court's decision regarding discovery was not ripe for appeal.
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June 05, 2025
Fed. Circ. Backs Apple Loss In PTAB Gesture Patent Fight
The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's finding that Apple failed to show that a Gesture Technology patent on using cameras to recognize human gestures is invalid, with the majority panel saying the "case should serve as a warning."
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June 05, 2025
Major Co. Group Asks Full Fed. Circ. To Review Lashify ITC Case
A coalition representing big companies including Google and Apple is backing the U.S. International Trade Commission's request that the Federal Circuit rethink its finding that the commission had been wrongly barring domestic expenses related to sales, marketing and other activities from ITC patent cases.
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June 05, 2025
Copyright Office Says Registration Delay Had No Legal Impact
The U.S. Copyright Office said Thursday that a two-week pause on issuing registration certificates last month after its leader was fired did not adversely affect any claimant's rights.
Expert Analysis
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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USPTO Decision Provides Clearer Path To Ex Parte Reexam
In light of an uptick in ex parte reexamination filings as an alternative way to challenge patent validity, both petitioners and patent owners may benefit from understanding a new framework for determining when estoppel applies, explained by the U.S. Patent and Trademark Office in a recent petition decision, says Chris Coulson at Skadden.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Counterfeiting Cases Could Alter TM Law, Hurt Resale Market
Trademark infringement litigation brought by Nike and Chanel against resale platforms could reshape the first-sale doctrine, with the future of the $49 billion luxury fashion resale market at stake, says attorney Charles Meyer.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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9th Circ. Ruling Clarifies Derivative Suit Representation Test
The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.
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Patenting AI And Machine Learning In The Wake Of Recentive
Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.
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Trade Secrets Would Likely See Court Protection From GenAI
The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.
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5 Tribunals' Rules To Help Patent Litigators Avoid AI Disasters
Tech-savvy patent litigators are uniquely poised to stay current on the latest developments in artificial intelligence, such that courts may have even higher expectations for their compliance with AI rules, including the standing orders of several patent-heavy fora, say attorneys at Finnegan.
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Unpacking Copyright Office's AI Report Amid Admin Shakeups
Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Trending At The PTAB: The Influence Of Litigation Arguments
Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.