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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.
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June 11, 2025
Disney, Universal Team Up For IP Suit Against AI Art Co.
Disney and Universal have teamed up to sue artificial intelligence company Midjourney in California federal court, calling the startup in their Wednesday lawsuit a "copyright free-rider" for training its AI art generator with their protected works from such iconic franchises as "Star Wars," Marvel's "Iron Man," "Shrek" and "The Simpsons."
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June 11, 2025
Houston Atty Says Rival's Client Files Aren't Trade Secrets
A Houston attorney accused of stealing another lawyer's files in an attempt to recruit clients to file malpractice suits told a Texas appellate court that his rival "misrepresents facts to support his false narrative" that the information constituted trade secrets.
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June 11, 2025
New Patent Cases Rebound As EDTX Seals Top Venue Spot
The number of new patent suits filed in 2024 increased 22.2% over 2023, bouncing back from a historically slow year, and the Eastern District of Texas further cemented its status as the most popular patent venue after a rule change made another Texas district less attractive to plaintiffs.
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June 11, 2025
Vedder Price Boosts IP, Exec Compensation Teams In NY
Vedder Price PC has bulked up its New York office with the addition of an intellectual property attorney from Vinson & Elkins LLP and an executive compensation and employee benefits pro from Schulte Roth & Zabel LLP.
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June 11, 2025
2nd Circ. Says Retirement Funds Can't Pay Arbitration Award
The Second Circuit refused to let a Japanese video game company raid retirement accounts established by an American game development executive to pay part of a $23.3 million arbitration award related to an intellectual property dispute, ruling the funds are protected by federal benefits law.
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June 11, 2025
Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency
The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.
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June 10, 2025
Stewart's Newest Discretionary Denial Has Attys On Edge
The acting U.S. Patent and Trademark Office director's decision on Friday to reject patent challenges due to the petitioner's long-standing knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.
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June 10, 2025
10th Circ. Affirms Toss Of USPS Contractor's $500M Suit
The Tenth Circuit on Tuesday refused to revive a U.S. Postal Service contractor's $500 million lawsuit accusing USPS of misappropriating its confidential business information and wrongfully terminating their long-running relationship, affirming a lower court's toss of tort and contract claims.
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June 10, 2025
Vertex Says Tax Software Rival Purposely Destroyed Evidence
Tax compliance software company Vertex Inc. told a Pennsylvania federal judge Monday that Avalara intentionally destroyed and failed to preserve "key sources of electronically stored information crucially relevant" to Vertex's lawsuit accusing its rival of poaching workers to steal trade secrets.
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June 10, 2025
Who Infringed Kokomo's Owl Logo? CrisisGo, Suit Says
Kokomo Solutions Inc., an emergency response and safety technology company, filed a lawsuit against CrisisGo Inc. in Illinois federal court Tuesday alleging the company's use of an owl logo for its ECHO Badge product is confusingly similar to its own owl logo.
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June 10, 2025
Key Insights On Looming Fair Use Rulings In AI Cases
Two California federal judges have indicated they are inclined to find that using copyrighted material to train artificial intelligence systems is transformative, which usually means that copying a work is fair, but that may not let Meta Platforms and Anthropic off the hook in separate lawsuits.
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June 10, 2025
Ill. Judge Questions Standing In Biogen Antitrust Suit
An Illinois federal judge seemed skeptical Tuesday that health benefit plans accusing Biogen of impairing competition for its multiple sclerosis drug, Tecfidera, have standing to bring their lawsuit under decades-old precedent allowing only direct purchasers to recoup damages.
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June 10, 2025
Stewart Blocks PTAB From Eyeing Container Assembly IP
The U.S. Patent and Trademark Office's acting director has reversed Patent Trial and Appeal Board decisions that had initiated reviews of patents covering container assembly products, saying the board failed to sufficiently account for U.S. International Trade Commission proceedings over the same patents.
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June 10, 2025
11th Circ. Revives Suit Over 'Summer Waves' TM
The Eleventh Circuit on Tuesday revived a trademark lawsuit that the entity behind a Georgia waterpark launched against an inflatable pool maker over its purported use of the phrase "summer waves," finding a lower court has jurisdiction to hear the case.
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June 10, 2025
Lawmakers Float NIL Bills Following NCAA Deal
Members of Congress introduced a pair of bills Tuesday looking to establish national standards for how college athletes monetize their name, image and likeness in the wake of the landmark NCAA class action settlement last week.
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June 10, 2025
Paramount Says 'Top Gun' Authorship Claim Is 'A Delusion'
Paramount Pictures Corp. urged a New York federal judge Monday to dismiss a lawsuit brought by the cousin of a "Top Gun: Maverick" screenwriter who claims he is a joint author of the film's script, saying his complaint is "a delusion."
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June 10, 2025
Spokesman Sues Motel 6 Over Unauthorized Use Of His Voice
Tom Bodett, a radio personality and voice actor known for Motel 6's radio and television ads for nearly 40 years, has sued the hospitality chain for allegedly using his name and voice without consent after he ended an agreement.
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June 10, 2025
4th Circ. Backs Contract Verdict Against Turkish Weapons Co.
The Fourth Circuit on Tuesday rejected a Turkish military supplier's appeal in a case where a Virginia federal jury found that it owed $720,000 for breaching a 2019 agreement between it and a U.S. importer.
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June 10, 2025
OpenAI Hit With Trademark Suit Over IO Co. Name
Technology company IYO Inc. has accused OpenAI and its CEO Sam Altman of knowingly infringing its trademark when the company acquired competitor IO Products Inc. last month.
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June 10, 2025
Ex-GC Accused Of Stealing IP Amid Ownership Stake Dispute
E-commerce company Storehouse In A Box sued its former general counsel and chief operating officer in Michigan federal court Monday, alleging he misappropriated trade secrets and confidential information, while also engaging in outside ventures that conflicted with his duties, after a dispute arose over his ownership claim in the business.
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June 10, 2025
Photographer Says Marlon Wayans Took Pot Pic
Marlon Wayans, star of such films as "White Chicks" and "Scary Movie," was hit with a copyright infringement lawsuit on Tuesday by a photographer who claims he used her image of a Ziploc bag filled with marijuana on his Facebook account without permission.
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June 10, 2025
Judge Warns Attys Over Candor In Grubhub-Kroger TM Row
An Illinois federal judge on Monday admonished defense counsel in ongoing trademark litigation between Grubhub Inc. and The Kroger Co. after finding discrepancies in the Kroger attorney's representations of information Grubhub provided in a discovery response, reminding all lawyers involved of their duty of candor and adherence to professional conduct rules.
Expert Analysis
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A Look At FDA's Plans To Establish New OTC Drug Category
The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Patent Ruling Sheds Light On Printed Matter Doctrine
Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.
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How DOGE's Bite Can Live Up To Its Bark
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.
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US-China Deal Considerations Amid Cross-Border Uncertainty
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.
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Considering The Status Of The US Doctrine Of Patent Misuse
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.
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Series
Playing Rugby Makes Me A Better Lawyer
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.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
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.
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Patent Policy Changes To Track Under New Gov't Leadership
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.
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Opinion
Congress Should Finally Add Clarity To Section 101
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.
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5 Advertising Law Trends To Watch In 2025
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.
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5 E-Discovery Predictions For 2025 And Beyond
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.
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4 Trade Secret Developments To Follow This Year
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.
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Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas
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.