DOLLS KILL, INC., Plaintiff-Appellant, v. MENGERYT, Defendant-Appellee., No. 24-2841, 2025 WL 3033729 (7th Cir. Oct. 30, 2025) On October 30, 2025, the Seventh Circuit vacated and remanded a judgment in Dolls Kill, Inc. v. MengEryt, holding that the district court erred in awarding statutory damages when the plaintiff had sought disgorgement of the infringer’s profits […]

Lewis Brisbois v. Bitgood et al., No. 24-20458 (5th Cir. 2025) In an unpublished per curiam opinion, the Fifth Circuit affirmed a permanent injunction against a trio of defendants, rejected an attorney immunity defense, vacated a $1.5 million trademark damages award, remanded for a consideration of statutory damages, and instructed the district court to consider […]

Cox Commc’ns, Inc. v. Sony Music Ent., No. 24-171 (U.S. Nov. 3, 2025) Music piracy poses a large threat to artists’ copyrights, depriving the music industry of billions of dollars annually. To combat this, music producers often seek out the assistance of Internet Service Providers (“ISPs”) in stopping copyright infringement by the ISPs’ customers. For […]

Rex Medical, L.P. v. Intuitive Surgical, Inc., Case No. 24-1072 (Fed. Cir. Oct. 2, 2025) The Federal Circuit’s opinion in Rex Medical, L.P. v. Intuitive Surgical, Inc. underscores the judiciary’s strict insistence on reliable damages methodology and proper apportionment in patent cases.  Although the jury initially awarded Rex Medical $10 million for infringement of U.S. Patent No. 9,439,650 (“the ‘650 Patent”), the district […]

Last week, the Eastern District of New York (“Court”) refused to dismiss PleasrDAO’s trade secret claims against Martin Shkreli, finding that Wu-Tang Clan’s exclusive, unreleased album, Once Upon a Time in Shaolin (“Album”), could plausibly qualify as a trade secret.  The only official physical copy of the Album (which is not available to download or stream) was […]

The Federal Circuit recently issued its first precedential decision addressing derivation proceedings under the America Invents Act (“AIA”).  A derivation proceeding is a trial before the Patent Trial and Appeal Board (“PTAB”) to determine whether the first-filed patent application was based on an invention taken from the true inventor without authorization.  It serves as a […]

On September 8, 2025, the Federal Circuit reversed and remanded a judgment in Magēmā Technology LLC v. Phillips 66, which held that the district court erred in allowing Phillips 66 (“Phillips”) to present an improper noninfringement theory to the jury. The Federal Circuit found that Phillips’ infringement theory was “improper and prejudicial,” and because the jury’s general […]

The Federal Circuit’s recent decision in Future Link Systems, LLC v. Realtek Semiconductor Corp. highlights two important issues in patent litigation: when does a defendant qualify as a prevailing party entitled to seek fees and costs and what are the risks of unconventional litigation funding practices. Future Link, a non-practicing entity, filed two infringement suits against Realtek […]

Parties that believe their U.S. patents are being infringed by products being imported into the United States can ask the U.S. International Trade Commission (“ITC”) to bar importation of those products into the U.S.  Masimo did that, via its 2021 complaint, when it asked the ITC to bar importation of Apple Watches that allegedly infringed […]

For years, the Northern District of Illinois has served as the hub for “Schedule A” cases—mass actions against online sellers premised on allegations of counterfeiting across ecommerce platforms.  Notably, the parties being sued in this case were only identified in a document filed under seal on a so-called “Schedule A,” and their identities were known […]