In 1984, acclaimed composer Jay Livingston assigned his interests in numerous musical compositions, including the classics “Silver Bells” and “Que Sera, Sera” to a publishing company called Jay Livingston Music (“JLM”). In…
more
/ Art, Entertainment, & Sports Law, Civil Procedure, Intellectual Property
Bartz et al. v. Anthropic PBC, No. C 24-05417 (N.D. Cal. 2025) -
In Bartz et al. v. Anthropic, the U.S. District Court for the Northern District of California considered whether Anthropic’s use of copyrighted books—many…
more
/ Intellectual Property, Science, Computers, & Technology
R Corp. v. P’ships & Unincorporated Ass’ns Identified in Schedule A, Case No. 1:25-cv-06337 (N.D. Ill. June 9, 2025) -
The Northern District of Illinois (“NDIL”) has been a hotbed for “Schedule A” litigation—a legal tactic…
more
/ Civil Procedure, Intellectual Property
iRhythm Technologies, Inc., v. Welch Allyn, Inc., IPR2025-00363, IPR2025-00374, IPR2025-00376, IPR2025-00377, IPR2025-00378 (P.T.A.B. June 6, 2025) -
On June 6, 2025, United States Patent and Trademark Office (“USPTO”) Acting…
more
/ Administrative Law, Intellectual Property
When prosecuting a patent with similar language across various claims make sure your claim terms have different meanings, otherwise, during litigation you may lose the strategic opportunity to keep some claims valid if others…
more
/ Intellectual Property, Science, Computers, & Technology
On May 21, 2025, the Federal Circuit en banc banished the notion that the reliability of an expert’s methodology under Federal Rule of Evidence 702 (“Rule 702”) is a question of weight, not admissibility. The en banc Court…
more
/ Civil Procedure, Intellectual Property
Regents of the Univ. of California v. Broad Inst., Inc., No. 2022-1594, 2025 WL 1363125 (Fed. Cir. May 12, 2025) -
On May 12, 2025, the U.S. Court of Appeals for the Federal Circuit vacated the Patent Trial and Appeals…
more
/ Administrative Law, Intellectual Property, Science, Computers, & Technology
Semiconductor Components Indus., LLC v. Greenthread LLC, IPR2023-01242, -01243, -01244 (USPTO Apr. 30, 2025) -
The USPTO Director’s recent decision in Semiconductor Components v. Greenthread squarely addresses a recurring…
more
/ Administrative Law, Civil Procedure, Intellectual Property
In Re: PT Medisafe Technologies, No. 2023-1573 (Fed. Cir. April 29, 2025) -
On April 29, 2025, the Federal Circuit adopted a test from the Trademark Trial and Appeal Board (“TTAB”) for determining whether a color mark is…
more
/ Administrative Law, Intellectual Property
Contour IP Holdings, LLC, v. GoPro, Inc., Case No. 17-cv-04738-WHO (N.D. Cal. March 24, 2025) -
The estoppel provision of the American Invents Act (AIA) (35 U.S.C. § 315(e)(2)) prevents a petitioner in an inter parties review…
more
/ Administrative Law, Civil Procedure, Intellectual Property
In Re R.S. Lipman Brewing Co., LLC, 2025 WL 1099603 (Fed. Cir. Apr. 14, 2025) -
Be careful when selecting a name for your product, otherwise you might find yourself cooked at the United States Patent and Trademark Office…
more
/ Administrative Law, Intellectual Property
Elliot McGucken v. Valnet, Inc., No. 24-1040 (U.S. filed Mar. 28, 2025) -
Introduction -
In the Magician’s Nephew, C.S. Lewis wrote that “[w]hat you see… depends a good deal on where you are standing….,” but is the…
more
/ Communications & Media Law, Intellectual Property, Science, Computers, & Technology
The Federal Circuit recently opined on whether a stipulation in litigation can overcome a disclaimer made during the prosecution history of a patent. The Hatch-Waxman Act allows generic drug companies to use clinical results…
more
/ Administrative Law, Health, Intellectual Property, Science, Computers, & Technology
In re Entresto, 125 F.4th 1090 (Fed. Cir. 2025) -
After Novartis’ patent on the blockbuster blood pressure medication Entresto was found invalid at the district court for covering technology that was developed after the…
more
/ Intellectual Property, Science, Computers, & Technology
Merck Sharp & Dohm B.V. v. Aurobindo Pharma USA, Inc. et al (Fed. Cir. March 13, 2025) -
The Hatch-Waxman Act seeks to strike a balance in the pharmaceutical industry by incentivizing drugs makers to develop innovative drugs…
more
/ Administrative Law, Health, Intellectual Property, Science, Computers, & Technology