Is My Guitar Pedal a Klone or a Counterfeit? — No Infringement Intended Podcast
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
PODCAST: PODCAST: Williams Mullen's Trending Now: An IP Podcast - Cease and Desist Letters: Protecting Your Intellectual Property the Right Way
The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
The Briefing: Who Owns WallStreetBets? Trademark Use in Commerce and the Reddit Battle
(Podcast) The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
The Briefing: Sinking the Rogers Test? What Pepperdine’s Lawsuit Could Mean for Hollywood
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Unexpected Paths to IP Law with Dan Young and Colin White
Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast
(Podcast) The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
The Briefing: Who Owns Jack Nicklaus? Lessons for The Creator Economy From a Brand Battle
(Podcast) The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
The Briefing: Trademark Smoked: The Fall of General Cigar’s COHIBA Registration
Too many companies treat trade secret identification as something they can fix later, usually once litigation is underway. But by the time a claim is filed, it is already too late to build the evidentiary foundation you need....more
In October 2023, we reported on the district court decision in Sonos, Inc. v. Google LLC. The decision was notable for reviving the prosecution laches doctrine to render unenforceable a continuation patent filed 13 years...more
The Federal Circuit’s recent decision in Google LLC v. Sonos, Inc. (24-1097) offers a compelling look at the evolving doctrine of prosecution laches, the written description requirement, and the practical realities of patent...more
In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more
The US Court of Appeals for the First Circuit affirmed a district court’s dismissal of a copyright lawsuit as time barred, finding that the separate accrual rule does not apply to continuing harm from a single infringing act....more
Precedential and Key Federal Circuit Opinions - LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES, LLC [OPINION] (2023-2350, 08/13/2025) (Lourie, Dyk, Cunningham) - Lourie, J. The Court reversed the...more
On August 11, 2025, the Federal Circuit reversed the District of Utah’s ruling that all but one of the claims in PowerBlock Holdings, Inc.’s U.S. Patent No. 7,578,771 were invalid under 35 U.S.C. § 101. PowerBlock Holdings,...more
The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more
The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more
The Federal Circuit recently reversed a $4.7M verdict in a patent lawsuit involving two patents concerning next-generation sequencing methods—U.S. Patent Nos. 10,017,810 and 10,450,597. Both patents concern DNA preparation...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
Texas is aggressively positioning itself as the nation’s trial capital for “bet-the-company” business disputes. On September 1, 2025, the recently created Texas business courts will begin welcoming trade secret and...more
The US Court of Appeals for the Federal Circuit determined that it lacked appellate jurisdiction over a district court judgment confirming an arbitration award stemming from a dispute over royalties paid under patent license...more
In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a...more
The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more
This article constitutes the first of a multi-part series which will analyze how recent Sixth Circuit Court of Appeals and Ohio Federal Courts address and analyze the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq....more
The Tenth Circuit’s recent decision in Double Eagle Alloys, Inc. v. Hooper, __F.4th __ (10th Cir. Apr. 22, 2025), provides a cautionary tale regarding the necessity of identifying trade secrets with particularity and...more
In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more
ODYSSEY LOGISTICS & TECHNOLOGY CORP. v. STEWART - Before Dyk, Reyna, and Stoll. Appeal from the United States District Court for the Eastern District of Virginia. A patent applicant forfeited its Appointments Clause...more
On March 4, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s (“PTAB”) decision in Restem, LLC v. Jadi Cell, LLC, No. 23-2054, 2025 WL 679195, at *1 (Fed. Cir. Mar. 4, 2025), finding that the patent...more
APPLE INC. v. GESTURE TECHNOLOGY PARTNERS, LLC - Before Moore, Prost, and Stoll. Appeal from the Patent Trial And Appeal Board. A patent owner forfeits its argument that an IPR petitioner lacks standing under 35 U.S.C....more
IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida - The district court erred in construing the term “pull...more
Citing forfeiture, the US Court of Appeals for the Federal Circuit upheld the dismissal of a complaint against the US Patent & Trademark Office (PTO). The complaint sought director review of a 2018 Patent Trial & Appeal Board...more
For decades, the ITC’s jurisdictional requirement – known as the domestic industry requirement – effectively shut out innovators from availing themselves of the powerful remedies of the forum, in the form of an exclusion...more