Intellectual Property

  • February 10, 2025

    AI Copyright Plaintiffs Say Google Is Raising 'Marginal issues'

    Artists and authors suing over how Google trains its artificial intelligence software say that the tech giant is disputing "marginal issues" that other tech giants facing similar copyright lawsuits over similar technology haven't brought up.

  • February 10, 2025

    Models Say Atlanta Bar Ripped Off Images For Promo Nights

    An Atlanta bar was accused Monday of ripping off the likenesses in its ads of five Los Angeles-based models who are represented by a firm that has taken establishments around the country to court on similar Lanham Act claims.

  • February 10, 2025

    Judge Refuses To Certify '70s Rockers' Royalty Class Action

    A Tennessee federal judge on Monday denied class certification in a breach of contract lawsuit by two members of the 1970s pop-rock band Orleans, John Hall and Lance Hoppen, who accused Warner Music Group Corp. and subsidiary Elektra Entertainment of underpaying foreign digital streaming royalties.

  • February 10, 2025

    Colo. Judge Baffled By Party's Anonymity In Oil Secrets Suit

    A Colorado state judge puzzled over how to handle the fact that a key third party in a trade secrets case brought by Anschutz Exploration Corp. has insisted on not revealing their identity to the court, telling the parties at a hearing Monday she wouldn't close a trial just to get around the "very strange" situation.

  • February 10, 2025

    Fed. Circ. Preserves Corning's Win In Gene Therapy Fight

    The Federal Circuit decided Monday to turn down an appeal from a Minnesota-based gene therapy developer that says it was wrongly denied a jury trial in its failed case seeking to add its name to patents issued to Corning Inc.

  • February 10, 2025

    Judge Newman Tells DC Circ. Her Suspension Flouts The Law

    Federal Circuit Judge Pauline Newman again urged the D.C. Circuit on Monday to end the suspension her colleagues imposed on her amid a probe of her fitness to serve as a judge, arguing that her suspension is effectively indefinite and violates the U.S. Constitution.

  • February 10, 2025

    'Noxious' Anti-Qualcomm Media Blitz Won't Be Blocked

    A Florida federal judge said Friday he won't tell a company that used to make automated video cameras to stop its Glenn Beck-aided media blitz connecting its patent campaign against Qualcomm Inc. to conspiracy theories involving former President Barack Obama, "regardless of how noxious it may be."

  • February 10, 2025

    Jazz Pharma Drops Last Defendant From Epidiolex Patent Suit

    Jazz Pharmaceuticals Inc. has reached an agreement to dismiss all claims and counterclaims with the last remaining defendant in its consolidated lawsuits over patents covering its epilepsy treatment Epidiolex, according to a filing from the company in New Jersey federal court.

  • February 10, 2025

    Aerospace Co. Seeks To Toss Ex-Exec's Amended Claims

    A Garden State-based aerospace company is asking a federal judge to dismiss with prejudice the second amended counterclaims by its ex-president and his new business in a trade secrets case, according to court filings.

  • February 10, 2025

    Morgan Lewis Adds 5 Knobbe Martens IP Attys On West Coast

    Morgan Lewis & Bockius LLP continues expanding its intellectual property team, announcing Monday it is bringing in a team of five Knobbe Martens IP litigators as partners in its West Coast offices.

  • February 10, 2025

    Trump Buyout Plan Still On Hold As Unions Cite 'Confusion'

    A Boston federal judge on Monday extended his hold on President Donald Trump's federal worker buyout program as he weighs a request from unions to block the so-called Fork Directive, which promises months of pay to government employees who resign their posts.

  • February 10, 2025

    DC Judge Won't Stop Shein's Copyright Takedowns On Temu

    A D.C. federal judge declined to block fast fashion giant Shein from inundating rival online retailer Temu with copyright takedown requests, finding Temu's claimed injury was economic and thus not irreparable.

  • February 10, 2025

    Goldstein Rearrested After Feds Say He Hid Millions In Crypto

    U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein was arrested again Monday following his earlier release on criminal tax evasion charges, after prosecutors alleged that he secretly made millions of dollars worth of cryptocurrency transactions in recent days and was a serious risk to flee.

  • February 10, 2025

    Herrick Adds 2 Trademark Attorneys From Moses & Singer

    Herrick Feinstein LLP has hired two Moses & Singer LLP attorneys to bolster the firm's intellectual property and tech bench, according to an announcement.

  • February 07, 2025

    Copyright Office Seeks Info On Performance Rights Groups

    The U.S. Copyright Office wants more information about how performance rights organizations, or PROs, are being used to collect music royalties, in response to a letter from a trio of Republican lawmakers on the issue.

  • February 07, 2025

    NC Judge Knocked By Fed. Circ. For Rushing Patent Trial

    A Federal Circuit panel on Friday stripped a patent case over respiratory treatment devices away from a North Carolina federal judge, with the appeals court reversing a noninfringement verdict that came out of a jury trial he oversaw and finding that it was at least the second time the judge "did not intend to manage a fair trial."

  • February 07, 2025

    Apple Drops Suit Over Leaks To Press As Engineer Apologizes

    A California judge on Thursday granted Apple's request to drop a lawsuit against a former employee who allegedly leaked sensitive company information to journalists and others, the same day the software engineer issued a public apology for his "profound and expensive mistake."

  • February 07, 2025

    Justices Urged To Take On PTAB Atty Fee Fight

    A company fighting for attorney fees at the Federal Circuit after successfully challenging a patent's validity before the Patent Trial and Appeal Board has urged the U.S. Supreme Court to take on a similar case addressing eligibility for fees in board proceedings pursued against "exceptional" infringement plaintiffs. 

  • February 07, 2025

    Fed. Circ. Pushes Back At Doctors Who Vouched For Newman

    The Federal Circuit judges considering Judge Pauline Newman's request to end her suspension said Friday that they had retained doctors who have expressed "significant concerns" that there are errors and oversights in reports from physicians who deemed the 97-year-old judge fit to serve.

  • February 07, 2025

    OpenAI Can't Avoid Reverse TM Confusion Claim, Judge Says

    A California federal judge has allowed a trademark infringement counterclaim to proceed against OpenAI by a company with a similar name, finding Open Artificial Intelligence Inc. has plausibly alleged its mark became associated with AI tools before OpenAI became widely known for ChatGPT.

  • February 07, 2025

    BofA, H&R Block, Others Are Sued Over Image Capture Patent

    Several major banks and financial companies were hit with lawsuits in Texas federal court from CheckWizard over its image capture patent, citing the defendants' use of mobile check depositing technology.

  • February 07, 2025

    Fed. Circ. Backs Ventria Cell Culture Patent Win At ITC

    In a precedential decision, the Federal Circuit said Friday that the U.S. International Trade Commission's domestic industry requirements have no "threshold dollar value" and that "small market segments" operated by biotech developer Ventria Bioscience can qualify, upholding the ITC's finding that a Chinese maker of vaccine ingredients infringed Ventria's cell culture patent.

  • February 07, 2025

    Fed. Circ. Considers Some Testing For Avadel Sleep Drug

    Judges on the Federal Circuit seemed open to modifying a district court's injunction barring specialty drugmaker Avadel Pharmaceuticals from marketing its on-market narcolepsy drug for use in treating another sleep disorder Friday.

  • February 07, 2025

    Pa. Medical Pot Co. Beats Consultant's IP Breach Claims

    A Pennsylvania federal judge has thrown out a lawsuit filed by a consultant claiming that his methods for growing plant tissue samples was stolen by a medical cannabis company he worked with, ruling that the consultant's system was not a protected trade secret.

  • February 07, 2025

    Judge Won't Transfer Apple IP Fight, Warns Of Circuit Split

    A Texas federal judge has denied Apple's request to relocate Oregon startup Proxense LLC's patent suit against it, saying the case "would not be clearly more convenient to try in the Northern District of California."

Expert Analysis

  • A Look At Drug Price Negotiation Program's Ongoing Impact

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    More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.

  • Opinion

    Congress Must Consider Accurate Data About Patent Thickets

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    If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • Opinion

    DOGE Should Address Inefficiency In The Patent Marketplace

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    Elon Musk's Department of Government Efficiency is well positioned to identify to Congress the necessary variability needed among individual patent rights, ensuring that the U.S. Patent and Trademark Office's current inefficiencies do not impede promising inventions from reaching the market, says John Powers at Powers IP.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • IP, Licensing, M&A Trends To Watch In Life Sciences This Year

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    2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Drug Pricing Policy Trends To Expect In 2025 And Beyond

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    Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Opinion

    Courts Should Nix Conferencing Rule In 1 Discovery Scenario

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    Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape

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    The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

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