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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.
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June 05, 2025
Google Dodges Some Claims In Book Publishers' Piracy Suit
A lawsuit from textbook publishers against Google over the advertisement of pirated books is proceeding with fewer claims, after a Manhattan federal judge dismissed allegations of secondary copyright infringement but maintained a claim that the major tech company violated trademarks through its ads.
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June 05, 2025
Pillsbury Brings On Buchalter IP Co-Leader In San Diego
Pillsbury Winthrop Shaw Pittman LLP is boosting its intellectual property team, announcing Thursday it is bringing on the former co-chair of Buchalter PC's intellectual property practice as a partner in its San Diego office.
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June 04, 2025
FX Co. Urges 9th Circ. To Restore Copyright Win Over Disney
A digital effects company's attorney urged a Ninth Circuit panel at a hearing Wednesday to revive a jury's finding that Walt Disney Pictures vicariously infringed its software by using it on the 2017 movie "Beauty and the Beast" and grant it a new damages trial.
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June 04, 2025
Fla. School Urges 11th Circ. To Allow Jury Trial In TM Dispute
A Florida distance learning school urged the Eleventh Circuit on Wednesday to revive its trademark infringement lawsuit against a rival, arguing it should be allowed to prove to a jury that it sustained actual damages because parents were confused by a competitor's website.
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June 04, 2025
NBA, Online Retailers Settle Knockoff Sales Dispute
Eight online retailers have agreed to stop selling and distributing counterfeit NBA-branded products, according to a consent judgment a Chicago federal judge approved Wednesday between the retailers and the league's licensing arm.
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June 04, 2025
What To Know About Trump's Shake-Up At Copyright Office
The firing of Shira Perlmutter by President Donald Trump as the head of the U.S. Copyright Office has introduced uncertainty into the agency's operations, including whether a previously unannounced report on artificial intelligence will ever be released, and set up a fight regarding the president's power to remove and replace whoever he wants without congressional input.
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June 04, 2025
USPTO Says Study Disproves Pharma Patent Thicket Claims
A U.S. Patent and Trademark Office unit has found that pharmaceutical patent thickets are rare after investigating arguments about their effect on drug pricing, the division's leader said Wednesday as part of a discussion on large patent families.
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June 04, 2025
Fed. Circ. Pushes Back As Ramey Fights Fee Award To Google
A Federal Circuit panel on Wednesday questioned Ramey LLP managing partner William Ramey's challenge to one of several sanctions that have recently been imposed on his firm in patent cases, with some judges suggesting that the order in question in a case against Google LLC appeared warranted.
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
OpenAI Says Data Retention Order Creating Privacy Concerns
ChatGPT maker OpenAI has asked a Manhattan federal judge to lift an order for it to retain output log data for conversations users have had with the generative artificial intelligence model, saying ongoing preservation won't be useful in a case brought by news organizations that say their content was used to train the program.
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June 04, 2025
Jack Nicklaus' Defamation Suit Can Stay In Fla., Court Says
A Florida appeals court ruled Wednesday that golf legend Jack Nicklaus can keep his defamation lawsuit against Nicklaus Cos. LLC in the state, despite a forum selection clause between the two that designated New York as the required venue.
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June 04, 2025
Ex-Potomac Law Partner Joins Pierson Ferdinand In Boston
Pierson Ferdinand LLP has added a former Potomac Law Group partner with experience representing OpenSky in patent fights involving VLSI to the firm's intellectual property department in Boston.
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June 04, 2025
Albright Ends Traxcell's Patent Cases Targeting Grubhub, Lyft
U.S. District Judge Alan Albright has tossed a pair of lawsuits accusing Grubhub and Lyft of infringing a Traxcell Technologies wireless network system patent, saying the patent owner failed to show that either the food ordering service or ride-hailing company actually uses the system.
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June 04, 2025
Fed. Circ. Upholds Moderna's IP Win Over COVID Vax
A Delaware federal judge rightly interpreted claims of two Alnylam Pharmaceuticals Inc. patents, which means Moderna Inc.'s COVID-19 vaccine doesn't infringe them, the Federal Circuit said Wednesday.
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June 04, 2025
Epic Wins IP Award Interest Fight With Tata At 7th Circ.
The Seventh Circuit on Wednesday sided with Epic Systems and ordered a lower court to recalculate interest on a $140 million punitive damages award it won against Tata Group in an intellectual property case, saying interest ran from the first judgment in 2017 even though an amended version was entered five years later.
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June 04, 2025
ITC Issues Import Ban In Dermatology Needle Patent Case
The U.S. International Trade Commission has blocked certain imports of skin treatment devices that infringe a series of patents owned by the U.S. subsidiary of a South Korean dermatologist's needle business.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Opinion
UK Court Of Appeal's FRAND Ruling Is Troubling
The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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What Businesses Need To Know About EU Design Law Reform
Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.
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Berry Ruling Shows Why Plant IP Suits Can Be Thorny
A California federal court's recent decision in Driscoll's v. California Berry Cultivars illustrates that while a path exists for asserting U.S. plant patent rights against extraterritorial breeders, it can be difficult to prove infringement based on importation of plant parts, say Travis Bliss and Stephany Small at Panitch Schwarze.