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Intellectual Property

  • July 16, 2025

    Property Evaluation Patent Case Allowed To Move Forward

    A federal judge has refused to toss a suit claiming an artificial intelligence property risk assessment company infringed patents used to evaluate properties, saying the patents cleared the U.S. Supreme Court's Alice test.

  • July 16, 2025

    With Discretionary Denials, PTAB Accepting Fewer Petitions

    The rate of patent challenges accepted by the Patent Trial and Appeal Board is still declining, with data for July showing a sharp decrease in the institution rate following major changes in board practice, according to data shared at a Sterne Kessler Goldstein & Fox PLLC webinar Wednesday.

  • July 16, 2025

    AI Tools Taking On Bigger Role In USPTO Patent Examination

    The U.S. Patent and Trademark Office is expanding how artificial intelligence is used in patent examination, adding an image search tool that design patent examiners will soon be trained on to existing tools for utility patent examiners, officials said at a Wednesday event.

  • July 16, 2025

    Ex-Tech Exec Says Ga. Law Can't Hold Her To Trade Secrets

    An ex-vice president of Georgia-based software firm Trinoor LLC said Tuesday that a trade secrets suit from her former company should be thrown out over contradictory language about which state's law ought to govern the spat.

  • July 16, 2025

    Hawley Accuses AI Cos. Of 'Largest IP Theft' In US History

    U.S. Sen. Josh Hawley condemned artificial intelligence developers accused of using pirating sites to obtain training material for their AI models, calling the claims part of "the largest intellectual property theft in American history" during a hearing Wednesday.

  • July 16, 2025

    Senior Placement Co. Wants Out Of False Ad Suit

    A company that places senior citizens in retirement homes has asked a Georgia federal judge to toss a proposed class action alleging it falsely advertised free services and steered business away from communities that declined to participate in its "pay-to-play" business model, arguing the claims were just "speculation and conjecture."

  • July 16, 2025

    ITC Judge Finds BOE Misappropriated Samsung Trade Secrets

    A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.

  • July 16, 2025

    Fish & Richardson Avoids DQ From GM Patent Fight

    A Chicago federal judge has declined to disqualify intellectual property firm Fish & Richardson PC from representing General Motors Co. in a suit over patents for fender designs, rejecting arguments that the firm sought to target a paralegal who had previously handled the case for opposing counsel.

  • July 16, 2025

    Nexstar Media Sues Ex-Worker Over 'Cruisin' Connecticut' TM

    Broadcasting giant Nexstar Media Inc. has sued a former sales executive allegedly responsible for finding advertisers for a local television station's "Cruisin' Connecticut" segments, accusing her of launching her own media company in 2019 and filing a trademark application for the similar phrase "Cruisin' CT."

  • July 16, 2025

    Tech Co. Can't DQ MoFo In IP Suit After Perkins Coie Ouster

    A California federal judge denied on Wednesday a motion by the biometric security company FaceTec to disqualify Morrison & Foerster LLP from representing a competitor in its ongoing patent infringement lawsuit.

  • July 16, 2025

    Funkadelic Leader Seeks Sanctions In 'Baseless' Royalty Row

    Parliament-Funkadelic bandleader George Clinton again asked a Michigan federal court to sanction the estate of the band's former keyboardist in their royalty row on Tuesday, telling the court the estate is pursuing "frivolous" claims to financially harm the still-touring musician.

  • July 16, 2025

    Novartis Denied Bid to Block Generic Entresto In TM Feud

    A New Jersey federal judge has rethought her initial decision blocking a Novartis competitor from potentially selling a generic version of a heart failure treatment drug, saying she got it wrong when she earlier analyzed a trade dress claim.

  • July 16, 2025

    WilmerHale Can't Stay As Verizon's Attys In Texas Patent Trial

    A federal judge in Texas has sided with a magistrate judge who found that a pair of WilmerHale lawyers representing Verizon in a dispute with Headwater Research LLC should be disqualified because the firm previously represented the owner of the patents at issue.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Does Research Tool Safe Harbor Cover AI Drug Development?

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    As artificial intelligence increasingly takes root in drug development, many questions may emerge regarding current gaps in courts' application of the research tool exception to the safe harbor defense against patent infringement, and whether that defense applies to AI-based tools, say attorneys at Arnold & Porter.

  • Tips For Business Users After 2 Key AI Copyright Decisions

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    Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • Copyright Takeaways From 2 Calif. GenAI Rulings

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    Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.

  • Opinion

    Juries Are Key In Protecting The Rule Of Law

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    Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Brand Protection Takeaways From OpenAI Trademark Case

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    The ongoing battle between IYO and OpenAI offers critical lessons on diligent trademark enforcement and proactive risk management for startups and established players alike navigating branding in the rapidly evolving artificial intelligence sector, say attorneys at Dykema.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • IP Due Diligence Tips For AI Assets In M&A Transactions

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    Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • A Look At Florida's New Protected Series LLC Legislation

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    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Opinion

    New USPTO Leadership Must Address Low-Quality Patents

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    With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

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    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

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    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

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