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Intellectual Property
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Featured
NFT Trademark Ruling Highlights Free Speech Limits In Art
In ruling that nonfungible tokens qualify as trademarks, the Ninth Circuit last week followed guidance from the U.S. Supreme Court that the First Amendment cannot always protect expressive marks from infringement.
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July 31, 2025
Pandora Says IP Suit Should Be Axed, Backing Special Master
Pandora Media told a California federal judge on Wednesday that a special master was right to recommend handing it a summary judgment win in high-stakes copyright infringement litigation by a group of comedians who allege that the streaming service lacked licenses for the underlying jokes in their comedy routines.
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July 31, 2025
'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict
A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.
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July 31, 2025
PTAB Takes Down Automotive USB Patent
The Patent Trial and Appeal Board has found that the single claim of an automotive technology supplier's patent on USBs for automobiles was invalid, agreeing with Microchip Technologies that it was obvious.
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July 31, 2025
ITC Judge Recommends General Import Ban In Shoe IP Case
A U.S. International Trade Commission judge recommended a complete block on imports of women's ballet flats that the maker of Tieks shoes proved infringed its design patents on its signature blue-soled footwear.
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July 31, 2025
Paramount Gets Partial Dismissal Of 'Top Gun' Credit Suit
A Manhattan federal judge on Thursday dismissed part of a suit brought by the cousin of a "Top Gun: Maverick" screenwriter, tossing his claims to joint ownership and authorship of the film, but allowing his copyright infringement claim to survive.
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July 31, 2025
American Airlines Can't Stay Claims In Wi-Fi Patent Suit
A Texas federal judge shot down American Airlines' bid to stay two claims in a suit accusing the airline of infringement for its use of hardware that allows for internet connection on flights, saying the airline failed to show it was merely a passive user of the technology.
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July 31, 2025
3 Federal Circuit Clashes To Watch In August
The Federal Circuit's argument calendar for August includes Brita's effort to revive a patent suit against water filter rivals that fell short at the U.S. International Trade Commission, and a prolific inventor's bid to undo a decision clearing Coca-Cola of infringing a beverage dispenser patent.
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July 31, 2025
Microsoft Fights Demand For AI Deal Data In聽Databricks Suit
Third-party Microsoft Corp. urged a California magistrate judge Thursday to block a subpoena by a group of writers accusing San Francisco-based Databricks of using their copyrighted works to train its artificial intelligence tool MosaicML, arguing that Microsoft has already exceeded third-party obligations by providing certain data agreements and that the request is overbroad.
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July 31, 2025
18 GOP Sens. Urge Trump To Fill IP Negotiator Post
Eighteen Republican U.S. senators urged President Donald Trump to appoint someone to the vacant role of chief innovation and intellectual property negotiator of the U.S. Trade Representative in order to work to remove what they called "market-distorting price controls" in the pharmaceutical industry.
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July 31, 2025
Rising Star: WilmerHale's Steven Horn
WilmerHale's Steven Horn has been a strategic leader on the firm's work defending Intel Corp. from the sprawling, big-dollar patent infringement litigation brought by VLSI Technology LLC, earning him a spot among the intellectual property attorneys under age 40 honored by 极速赛车 as Rising Stars.
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July 31, 2025
NC Judge Questions Barings' Bid For Ex-Employees' Emails
A North Carolina business court judge seemed leery Thursday of forcing former Barings' employees to fork over their personal emails and text messages as part of a deposition notice, suggesting Barings was trying to bypass U.K. law to get information from a foreign witness in its suit alleging former executives conducted a "corporate raid" to start a competing credit platform.
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July 31, 2025
ITC Ends Dermatology Needle Import Ban After Settlement
The International Trade Commission has lifted a ban on certain imports of skin treatment devices that infringed patents owned by a South Korean dermatologist's needle business after it settled with a rival.
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July 31, 2025
Weil Lands Latham IP Litigation Trio In California, Texas
Weil Gotshal & Manges LLP announced Thursday that it has welcomed three intellectual property lawyers from Latham & Watkins LLP, two of whom began their legal careers at Weil and will now co-head its IP, technology and science litigation practice.
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July 31, 2025
Fla. Judge Finds Car Photo Patents Unenforceable
A Florida federal judge said the owner of patents on taking photos of cars at dealerships can't assert three of the patents against an automotive photo booth maker, trimming them from an infringement suit because of deceptive statements made to the U.S. Patent and Trademark Office.
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July 31, 2025
Metal Singer Misused Band's Money, Fired Co-Founder Says
The founding bassist for iconic metal band Hatebreed was abruptly fired over false accusations that he harassed a Connecticut venue worker, according to a lawsuit that also accuses the singer of mismanaging the group's money for his own gain.
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July 31, 2025
ITC Wants Feedback Before Reconsidering Lashify Claims
The International Trade Commission asked for further briefing from eyelash extension company Lashify Inc., a group of artificial eyelash makers, Walmart and CVS to address the requirements for showing the existence of a domestic industry.
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July 31, 2025
Sens. Draft Bill To Combat Foreign Online Piracy
A bipartisan group of senators introduced a discussion bill for a law that would allow American copyright holders to petition federal courts for orders against foreign-hosted websites that host pirated content.
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July 30, 2025
Crocs, Rival Agree To Narrow Claims In Shoewear IP Dispute
Crocs told a Colorado federal judge Wednesday it agreed to drop trademark dilution claims against Joybees stemming from a dispute where the defendant's CEO, who was a former midlevel Crocs manager, allegedly absconded with documents to copy the design and manufacturing process for its foam clog to start a competing business.
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July 30, 2025
Hytera Ordered To Immediately Escrow Subsidiary Sale Funds
Hytera Communications Corp. Ltd. must immediately place $69 million of proceeds of a subsidiary sale in escrow in light of the Chinese company's outstanding judgment and asset citation obligations in Motorola Solutions Inc.'s mobile radio trade theft case, an Illinois federal judge said Wednesday.
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July 30, 2025
Singer Percy Bady Sues Label Over 'I'm Free' Song Use
Grammy-nominated singer-songwriter Percy Bady has sued TRIBL Records, performing artists Todd Galberth and Brandon John Peavy, as well as two music publishers and a music producer, for allegedly infringing his song "I'm Free" with recordings and performances of the song "Fill the Room."
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July 30, 2025
Rhodium Says Cooling System Infringement Claims Barred
Bankrupt cryptocurrency miner Rhodium told a Texas federal bankruptcy judge that a company that creates large scale cooling systems cannot bring patent infringement claims, saying Wednesday the company's claims already failed in a federal district court.
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July 30, 2025
Court Urged To Free Micron From Netlist's Infringement Threat
Micron has asked a Delaware federal court to conclude that it's not infringing a Netlist patent covering a computer memory technology, alleging in a complaint that Netlist keeps going after Micron with "non-credible infringement allegations of facially invalid patents."
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July 30, 2025
Samsung Gets Patent License At $1.05B After Arbitration
Samsung will fork over $1.05 billion to license patents owned by a technology research firm covering wireless and video technology through 2030 after a group of arbitrators set the rate, according to federal securities filings.
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July 30, 2025
Judge Denies Fired Copyright Chief's Reinstatement Bid
A D.C. federal judge ruled Wednesday that the fired leader of the U.S. Copyright Office cannot immediately be reinstated while she challenges her termination by the Trump administration, saying she has not shown irreparable harm to herself or that the agency "will grind to a halt without her."
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July 30, 2025
Basketball Artist Hits NBA Pelicans With Copyright Suit
A visual artist specializing in arrangements of deflated basketballs sued the NBA's New Orleans Pelicans in Michigan federal court Wednesday, alleging that the team copied his distinctive style for a series of social media posts without permission.
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises 鈥� flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents 鈥� a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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What To Know About NCAA Deal's Arbitration Provisions
Kathryn Hester at Jones Walker discusses the key dispute resolution provisions of the NCAA's recently approved class action settlement that allows for complex revenue sharing with college athletes, breaking down the arbitration stipulations and explaining how the Northern District of California will handle certain enforcement, administration, implementation and interpretation disputes.
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Fed. Circ. In June: Transitional Phrases In Patent Claims
The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I鈥檝e learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O鈥橞yrne at MoFo.
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Expect Unprecedented Delays In USPTO Patent Examination
With data from the first half of this year indicating that the U.S. Patent and Trademark Office is on pace to have a record backlog of unexamined patent applications at t