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July 16, 2025
2nd Circ. Revives TM Suit Over Chinese Speaker Shipment
The Second Circuit has reinstated a trademark case from speaker manufacturer Altec Lansing over another company's purchase of speakers with Altec's branding from a Chinese company, saying Altec had created a genuine dispute over the nature of the sale.
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July 15, 2025
IP Owner Orgs Urge Fed. Circ. To Reject Fintiv Memo Appeal
Organizations representing startups and other intellectual property owners have urged the Federal Circuit to reject SAP America Inc.'s mandamus petition challenging the U.S. Patent and Trademark Office leader's handling of a discretionary denials policy, arguing she acted within the powers of her role.
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July 15, 2025
Former IP Partners' Names Worth $52K, Expert Testifies
The names of two deceased law partners are worth between $28,000 and $52,000 per year to a Connecticut intellectual property boutique, an expert testified Tuesday during a federal court hearing in a valuation dispute between two of the late lawyers' colleagues.
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July 15, 2025
Patent Fight Over Xtandi Erupts Anew Before RFK Jr.
A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.
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July 15, 2025
Court Blocks Generic Selenium Products Amid Patent Suit
A New Jersey federal judge has temporarily blocked a group of generic-drug companies from selling versions of a selenium injection treatment covered by patents owned by American Regent Inc., which accused the group of patent infringement.
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July 15, 2025
The Biggest IP Agency Developments Of 2025: Midyear Report
The U.S. Patent and Trademark Office and the U.S. Copyright Office have not been spared from the Trump administration's shake-ups and changes across the federal government in the first half of the year.
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July 15, 2025
9th Circ. Backs Nature's Way Loss In Supplements TM Suit
The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.
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July 15, 2025
Patent Owner Wants Google Sanctioned For Discovery Tactics
The owner of a location tracking patent has asked a New York federal judge to sanction Google in an infringement case, claiming the company dumped massive amounts of documents on him before depositions were set to begin and then refused to respond to a proper request for more information.
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July 15, 2025
Fed. Circ. Temporarily Blocks MSN's Entresto Generic
The Federal Circuit gave Novartis Pharmaceuticals Corp. a temporary reprieve Tuesday from having to face generic competition for its top-selling drug, Entresto, after losing a bench trial in Delaware.
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July 15, 2025
Fizz Social Loses Bid To Block Instacart's 'Fizz' Drink App
A California federal judge has denied social media platform Fizz Social Corp.'s bid for a preliminary injunction in its trademark infringement and anti-cybersquatting lawsuit accusing Instacart and Partiful of ripping off its "FIZZ" mark to launch a rival "Fizz" beverage-delivery app that targets the so-called Gen Z demographic.
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July 15, 2025
Voxer Sues Google And Amazon Over Streaming Patents
Virtual walkie-talkie maker Voxer has sued Google and Amazon in Delaware federal court, claiming they infringed the same network reception patents resulting in a $206 million trial win in a separate case against Meta in 2022 that was later vacated after a settlement.
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July 15, 2025
9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case
The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.
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July 15, 2025
Anthropic Seeks 9th Circ. Fair Use Appeal Over Piracy Claims
Anthropic PBC asked a California federal judge Tuesday to let the Ninth Circuit review his decision that making fair use of copyrighted books to train artificial intelligence technology did not absolve the company of potential liability for alleged piracy.
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July 15, 2025
Frito-Lay Settles Flamin' Hot Cheetos Defamation Suit
Frito-Lay Inc. and a former employee have reached a settlement Monday in his suit claiming he invented Flamin' Hot Cheetos and had his livelihood destroyed when the company disavowed his story, according to a Monday filing in California federal court.
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July 15, 2025
50 Cent Can't Stop Release Of Horror Film, Calif. Judge Rules
50 Cent cannot block the release of Hollywood producer Ryan Kavanaugh's horror film that allegedly uses his name and likeness without a final contract in place, after a California federal judge decided there was evidence suggesting the rapper assented to the parties' agreed-upon terms to do so.
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July 15, 2025
Producer Wants Out Of Suit Over Karol G's Hit 'Gatúbela'
A producer of Colombian singer Karol G's reggaeton hit "Gatúbela" has asked to be let out of a copyright suit from two producers who claim the song's beat was stolen from their song, saying he was improperly lumped in with the other creators of the track without any specificity as to his allegedly infringing activity.
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July 15, 2025
PTAB Knocks Out Claims In 3 Nasal Airway Patents
The Patent Trial and Appeal Board has invalidated a host of claims across a trio of nasal airway treatment patents owned by Aerin Medical, agreeing with challenger Neurent Medical that the claims were obvious.
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July 15, 2025
TikTok, Chinese Co. Dispute Ownership Of Video Editing Tech
TikTok and a Chinese company that accuses it of stealing trade secrets for a video-editing tool and infringing copyrights related to the tool have filed opposing motions for summary judgment, with the social media giant arguing that the plaintiff has not established ownership of the technology in question.
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July 14, 2025
Artists' Expert Can't View Some Material In Stability AI Row
A California federal magistrate judge on Monday blocked artists' expert from accessing the confidential information and source code of Stability AI and other artificial intelligence platforms in copyright infringement litigation, ruling that the expert's work makes him a "functional competitor" of the companies.
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July 14, 2025
Sirius XM Can't Escape WCPA Suit Over Music Royalty Fees
A Washington federal judge allowed Sirius XM subscribers to proceed with their proposed class action alleging the company tricks them into paying a 21.4% per month "U.S. Music Royalty Fee" without describing the charges, ruling Monday they sufficiently allege a claim under the state's consumer protection statute.
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July 14, 2025
'It Is The Same Photo': 9th Circ. Questions Von D's Tattoo Win
A Ninth Circuit panel grappled Monday with tattoo artist Kat Von D's jury win over a photographer who claimed she infringed his copyrighted photo of Miles Davis with a tattoo she inked, with one judge noting the panel disagrees with the jury's finding the two works aren't substantially similar.
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July 14, 2025
Judge Stops Artist's Fight Against Music Co. After Deal
A Texas federal judge has closed a dispute between a Houston hip-hop artist and his longtime business partner over the management of his music production company's funds, following the two agreeing to end the case.
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July 14, 2025
House Committee Proposes Commerce, Science Cuts
A House Appropriations Committee bill released Monday would provide $76.8 billion in funding to agencies including the U.S. Department of Commerce and its subsidiary agencies, representing a 2.8% decrease from the previous fiscal year's budget.
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July 14, 2025
WilmerHale DQed From Representing Verizon In Patent Row
A federal magistrate judge in Texas has disqualified WilmerHale from representing Verizon on the eve of a trial over allegations that the telecommunications company infringed wireless communications patents owned by Headwater Research.
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July 14, 2025
USPTO Acting Director Spurns 'Traditional Knowledge' Treaty
The U.S. Patent and Trademark Office's acting director has come out against an international treaty that could require patent applicants to report if an invention uses the traditional knowledge of indigenous people, suggesting in remarks that such a rule would undermine the global patent system's effectiveness.
Expert Analysis
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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.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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3 Mistakes To Avoid In Service Provider AI Terms
Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.
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DOJ Policy Shifts May Resurrect De Facto 'China Initiative'
The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.