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April 24, 2025
Fed. Circ. Won't Let Fortnite Maker Run Back PTAB Fights
Epic Games failed to persuade a Federal Circuit panel on Thursday to undo the patent board's rejection of the video game company's efforts to invalidate patents that Fortnite's in-game communication programs were accused of infringing.
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April 24, 2025
Fed. Circ. Dunks Appeal Over Swimming Pool Design Patent
The Federal Circuit on Thursday refused to revive allegations that Latham Pool Products infringed a swimming pool design patent, affirming a Tennessee federal court's finding that the patented design and the accused pool were clearly distinct.
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April 24, 2025
Fed. Circ. Backs Samsung Win In Power Converter IP Fight
The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's decision that two patents related to voltage switching power converters are invalid, handing a win to challengers including Samsung and Dell.
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April 24, 2025
NY IP Lawyer Failed To Pay PPP Loans, Philly Bank Says
A Syracuse, New York, patent lawyer who maintains a whimsical, rainbow-filled website has been sued by a Philadelphia-based bank for allegedly not paying back a nearly $15,000 Paycheck Protection Program loan he received through the bank.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
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April 24, 2025
NC Court Denies Athletes In NCAA Antitrust Suit Interim Relief
A North Carolina Business Court judge denied a preliminary injunction sought by four college football players in their suit against the National Collegiate Athletic Association seeking an additional year of eligibility, one of their attorneys confirmed Thursday.
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April 23, 2025
No Need To Look At Tire IP Dispute, Toyo Tells Justices
Japanese tire giant Toyo Tire Corp. urged the U.S. Supreme Court on Wednesday not to examine a Federal Circuit ruling that discarded a $10 million award in a case that's been going on for over a decade around allegations of interfering with a rival's business through patent settlements with other companies.
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April 23, 2025
Charter Slams Claim It Confused Jury To Beat $1B Patent Suit
Cable TV giant Charter Communications urged a Texas federal judge Tuesday to preserve its defense verdict in Touchstream Technologies' $1 billion suit over patents for casting and playback of video content from smaller devices to larger ones, rebutting the startup's claim of jury confusion.
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April 23, 2025
Fed. Circ. Won't Immediately Pause Sanctions On IP Attys
A Federal Circuit judge on Wednesday declined to provide immediate relief to attorneys from Texas patent firm Ramey LLP fighting sanctions they've deemed "career ending," letting stand penalties coming due for practicing without licenses in California, among other conduct.
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April 23, 2025
Qualcomm Patent Revived As Fed. Circ. Axes Apple PTAB Win
The Federal Circuit on Wednesday reversed the Patent Trial and Appeal Board's invalidation of a Qualcomm circuit patent challenged by Apple, saying the board's decision was improperly based on an admission Qualcomm made in its patent about earlier technology.
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April 23, 2025
Pryor Cashman Atty, Telebrands Beat RICO Suit Over Hose IP
A Florida federal judge tossed Tristar Products' lawsuit claiming a Pryor Cashman LLP lawyer and his client Telebrands schemed to usurp a hose company's rights to a patent portfolio while also defrauding the U.S. Patent and Trademark Office, finding none of the conduct alleged "comes even close to racketeering."
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April 23, 2025
Disney Seeks $532K Atty Sanctions In Artist's 'Moana' Suit
Disney asked a California federal judge to issue $532,815 in sanctions against attorneys for an animator who alleged "Moana" lifted his Polynesian adventure story, arguing Tuesday that the plaintiff's lawyers vexatiously prolonged litigation with "sanctionable misconduct" by pursuing "baseless" trade secret misappropriation claims that were untimely and premised on a forged document.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared聽confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
Fed. Circ. Agrees MS Generic Drug Didn't Infringe Metacel IP
The Federal Circuit on Wednesday backed a New Jersey federal judge's finding that Rubicon Research's generic version of Metacel's drug Ozobax does not induce doctors and patients to infringe a Metacel patent.
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April 23, 2025
MediaTek Gets PTAB To Review Microchip Patent
Taiwanese chipmaker MediaTek has persuaded judges on the Patent Trial and Appeal Board to take up its challenge of a microchip patent issued to engineers at Intel and that is now being asserted by a patent-holding company in an infringement lawsuit in Marshall, Texas.
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April 23, 2025
Fed. Circ. Passes Game Controller Patent Case Back To PTAB
Video game developer Valve on Wednesday won yet another chance to convince patent board judges to look at its challenge to claims in a rival's video game controller patent asserted in litigation in Washington federal court.
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April 23, 2025
Pool Co. Wants Rival's CEO Arrested For Unpaid $17M Verdict
A U.S. pool parts supplier wants the owner of a rival Chinese business arrested after months of allegedly dodging court orders demanding information on company assets to satisfy a $17 million false advertising and deceptive business practices judgment.
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April 23, 2025
Fed. Circ. Won't Revive Web Patent Suit Against Meta, Others
The Federal Circuit on Wednesday backed a district court's denial of an inventor's bid to undo a finding that a website hot spot patent he accused Meta, Microsoft and others of infringing was invalid, rejecting his argument he didn't get a fair shot when he was at the Federal Circuit before because聽U.S. Circuit Judge Pauline Newman was on an earlier panel.
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April 23, 2025
Judge Lifts Biocon Eye Med Biosimilar Ban After Settlement
A West Virginia federal judge has vacated a permanent injunction that had blocked Biocon Biologics Inc. from selling a biosimilar to Regeneron's blockbuster eye medication Eylea in the U.S., citing a settlement agreement in the patent litigation allowing sales of the biosimilar in 2026.
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April 23, 2025
Texas Senate OKs Bill Granting Property Rights In AI Images
A bill that would block the use of an individual's voice or image in artificial intelligence without their consent has made its way through the Texas Senate, now advancing to the state's House of Representatives.
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April 23, 2025
No Trade Secret Trial Do-Overs In Chocolate Moonshine Suit
A Pennsylvania chocolatier and her company can't get second chances in a lawsuit accusing them of stealing a rival and former spouse's recipe for Chocolate Moonshine fudge, after a federal judge ruled Tuesday that her ex had proved the value of his secret recipe and the court had not harmed the defense's case by blocking discussion of their divorce.
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April 23, 2025
Algorithm To Detect TM Application Fraud Coming To USPTO
The U.S. Patent and Trademark Office said Wednesday it is developing a fraud detection algorithm to flag suspicious trademark applications, and it aims to reduce the time it takes to start processing filings over the next three years.
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April 23, 2025
Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand
A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.
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April 23, 2025
O'Melveny Brings On Former Lenovo IP Litigation Leader
O'Melveny & Myers LLP announced Wednesday it has bolstered its intellectual property and technology practice with the addition of an experienced litigator who most recently oversaw global IP litigation for technology company Lenovo.
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April 23, 2025
EU Appeals To Revive WTO Fight Over China SEP Rate-Setting
The European Union has appealed a decision by the World Trade Organization to dismiss the bloc's complaint that a Chinese court engaged in unfair trade practices by setting royalty rates for European-owned 5G technology.
Expert Analysis
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition 鈥 where they become a deer in headlights, agreeing with opposing counsel鈥檚 questions and damaging their credibility in the process 鈥 but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥 approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis
鈥婽he Ninth Circuit鈥檚 upcoming decision in Hara v. Netflix鈥, about what it means to be source-identifying鈥, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit鈥檚 recent ruling in NexStep v. Comcast highlights how even a persuasive expert鈥檚 failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons 鈥 due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources 鈥 but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys 鈥 new ones especially 鈥 there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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What Fed. Circ. Ruling Means For Patent Case Dismissals
鈥嬧嬧嬧嬧嬧嬧婽he Federal Circuit's recent decision in聽UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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Declaring Unexpected Results: Pitfalls For Rule 132 At PTAB
Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
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Dissecting The Obviousness-Type Double Patenting Debate
The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer 鈥 and a better person 鈥 because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.