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  • May 27, 2025

    Fed. Circ. Faults PTAB Again For Upholding Lighting Patent

    The Federal Circuit on Tuesday faulted for the second time a Patent Trial and Appeal Board ruling rejecting challenges to a decorative lighting patent, saying the board wrongly concluded there wasn't a motivation to combine prior art in order to reduce the cost of copper in the lighting system.

  • May 27, 2025

    Card Game Maker Sues Competitor Over Alleged Knockoff

    The maker of the Never Have I Ever card game has sued a rival game company in California federal court, claiming the board game Tipsy Land is a knockoff seeking to capitalize on the success of its product.

  • May 27, 2025

    Ford Loses UK 'Cobra' Trademarks In AC Cars Dispute

    Ford Motor Co. has lost four U.K. trademarks for the "Cobra" brand after a successful challenge by British automaker AC Cars, due to a lack of evidence that Ford or its licensees actively used "Cobra" as a brand for cars or toys in the U.K. 

  • May 27, 2025

    Hugo Boss Trims Chinese Company's 'Huge Sports' TM In EU

    Hugo Boss has persuaded European Union officials to revoke part of a Chinese company's "Huge Sports" trademark, demonstrating that consumers could mix up the sign with its earlier "Hugo" mark.

  • May 27, 2025

    Trump, Ex-Copyright Head Duel Over Her Firing

    Former U.S. Copyright Office director Shira Perlmutter on Tuesday said a Washington, D.C., federal judge should ignore the Trump administration's argument that her recent firing was legal, the latest salvo in her lawsuit against the federal government as she seeks to block her removal.

  • May 27, 2025

    Justices Deny Food Wrapping Co.'s Prior Art Petition

    The owner of invalidated food wrapping patents failed to persuade the U.S. Supreme Court on Tuesday to review its allegations that the Federal Circuit wrongly presumes prior art is always enabled.

  • May 27, 2025

    Justices Skip Law Firm's TM Appeal Over Rival's Google Ads

    The U.S. Supreme Court on Tuesday denied an appeal from personal injury law firm Lerner & Rowe PC to review a Ninth Circuit decision that a rival did not infringe its trademarks by using the firm's name in keyword advertising with Google.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    9th Circ. Mulls 'Two John Smiths' In Classmates.com Class

    Ninth Circuit judges Friday scrutinized a vast class of Californians whose identities were allegedly misappropriated by yearbooks platform Classmates.com, discussing ways to distinguish people with the same names and the case's implications for internet search giants — as well as how one judge's class of '62 yearbook might be a small part of the litigation.

  • May 23, 2025

    USPTO Asks Fed. Circ. To Deny Both VLSI, OpenSky In IP Row

    The acting director of the U.S. Patent and Trademark Office on Friday stepped into a patent review dispute between VLSI Technology and OpenSky Industries at the Federal Circuit following a $2.18 billion jury verdict against Intel Corp., urging the appellate court to reject both sides' arguments.

  • May 23, 2025

    Legendary Calif. Judge Alsup Likely To Go Inactive In 2025

    U.S. District Judge William H. Alsup, a larger-than-life jurist who's overseen some of the most consequential litigation in California's Northern District, indicated in a court filing Friday that he'll likely take inactive status before year's end, although the 79-year-old judge warned Law360 that he hasn't made a final decision.

  • May 23, 2025

    Fed. Circ. Lifts Stay Against MSN In Entresto Appeal

    The Federal Circuit won't make a Delaware federal judge hold off on entering a judgment that would stop MSN Pharmaceuticals from having its generic version of Novartis' blockbuster cardiovascular drug Entresto approved, saying Friday that MSN hasn't pled its case convincingly.

  • May 23, 2025

    Stewart Upholds Order Despite Claim Of 'Director Shopping'

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart is standing by her decision to allow Greenthread LLC to review whether one of the companies challenging its chip patents, Semiconductor Components Industries, has ties to Intel.

  • May 23, 2025

    Westlaw AI Win Right But Appellate Review Wise, Judge Says

    A Delaware federal judge Friday voiced confidence in his ruling that tech startup Ross Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, but explained that granting interlocutory appeal on two questions will help resolve the case more efficiently.

  • May 23, 2025

    Fed. Circ. Dings PTAB Decision Upholding X-Ray Patent

    The Federal Circuit on Friday reversed a Patent Trial and Appeal Board ruling that claims in an X-ray patent aren't invalid as anticipated, concluding that the board's claim construction in the matter was incorrect, even though the board denied that it was construing any claims.

  • May 23, 2025

    Ohio Pest Co. Says Ex-Director Is Unfairly Competing

    An Ohio-based pest control company took a former regional director of operations to federal court, claiming he formed his own pest control firm in violation of his noncompete agreement and is unfairly cutting in on the company's business.

  • May 23, 2025

    LG Cleared By Jury In Smart TV Patent Case In East Texas

    A federal jury in Texas on Friday cleared LG Electronics of allegations that it infringed various Multimedia Technologies Pte. Ltd. smart television patents, while also finding that the patents were invalid.

  • May 23, 2025

    IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited

    In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.

  • May 23, 2025

    2nd Circ. Says Judge Misapplied Fair Use In Copyright Case

    A Manhattan federal judge misunderstood the fair use doctrine when she dismissed a photographer's copyright lawsuit against a website that published one of her images, the Second Circuit said in a Friday ruling that directed the lower court to enter judgment in favor of the plaintiff.

  • May 23, 2025

    NY Judge Won't Rethink Sanctions Against Chinese Tech Co.

    A New York federal judge has refused to reconsider a prior ruling that partially sanctioned a Chinese video technology company and its U.S. distributor that are both embroiled in a rival's trade secrets suit.

  • May 23, 2025

    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 — flexible hours, fewer deadlines and less stress over having lots of people counting on you.

  • May 23, 2025

    Fed. Circ. Partly Revives Allstate Challenge To Tech Patent

    The Federal Circuit on Friday threw out the Patent Trial and Appeal Board's finding that Allstate failed to show the invalidity of two claims in a patent on cellphone sensors that can tell if a vehicle has accelerated or crashed, telling the board to take another look.

  • May 23, 2025

    AIG, Insurance Startup Resolve Trade Secrets Feud

    American International Group Inc. has settled and permanently dismissed its trade secrets lawsuit brought in New Jersey federal court against an insurance startup that was created by former senior executives at AIG.

  • May 23, 2025

    Off The Bench: Tennis Officials, NCAA Stay On The Defensive

    In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.

  • May 23, 2025

    Insulet Foe Rips $30M Atty Fee Ask As 'Over-Lawyered'

    A South Korean medical device maker told a Massachusetts federal judge that rival Insulet's request for $30 million in attorney fees following a $60 million trade secrets judgment should be denied, calling that amount "exorbitant" and saying Insulet "consistently over-lawyered disputes."

Expert Analysis

  • Reviewing 2024's AI Patent And Copyright Developments

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    Attorneys at Rothwell Figg provide highlights on procedural and substantive intellectual property issues pertaining to AI in 2024 from the Copyright Office and U.S. Patent and Trademark Office, followed by what to expect in 2025.

  • Trump, Tariffs And Tech: The Right To Repair In 2025

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    The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • How The UPC, ITC Complement Each Other In Patent Law

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    Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

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