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  • 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 Ƶ 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.

  • May 07, 2025

    NexStep Wants High Court To Look At Comcast Patent Fight

    NexStep Inc. has asked the U.S. Supreme Court to review the standard for an expert's testimony under a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, the latest move in a dispute with Comcast.

Expert Analysis

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • US-China Deal Considerations Amid Cross-Border Uncertainty

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    With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Patent Policy Changes To Track Under New Gov't Leadership

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    The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • 4 Trade Secret Developments To Follow This Year

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    Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.

  • Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas

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    Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.

  • New Law In NY Places Employee NIL Rights In Spotlight

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    New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.

  • 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.

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