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  • July 03, 2025

    Fortnite Creator Accused Of IP Violations For In-Game Comms

    The creator of the popular video game Fortnite has been sued by a California company claiming the game's player-to-player messaging options infringe patents it holds related to communications via internet protocols.

  • July 03, 2025

    Genentech's $122M MS Drug Royalties Case Ends In Mistrial

    A California federal judge declared a mistrial Thursday after jurors reached an impasse in Genentech Inc.'s $122 million breach of contract case over patent royalties from sales of Biogen MA Inc.'s multiple sclerosis medicine, telling the parties she's open to Genentech's suggestion that they forgo a jury for the retrial.

  • July 03, 2025

    3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.

    Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.

  • July 03, 2025

    SPEX To Appeal $553M Patent Verdict That Was Cut To $1

    SPEX Technologies Inc. will appeal a federal judge's decision to cut its $553 million verdict against Western Digital for data security patent infringement to $1 along with all other adverse rulings in the case.

  • July 03, 2025

    50 Cent Faces Uphill Battle To Stop Release Of Horror Film

    A California federal judge appeared ready Thursday to reject 50 Cent's efforts to stop the release of a horror film that allegedly uses the rapper's name and likeness without authorization, saying he's "skeptical" of the request and unclear about how the rapper's reputation would be harmed by the film's release. 

  • July 03, 2025

    Circuit-By-Circuit Recap: Justices Send Message To Outliers

    It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.

  • July 03, 2025

    The Moments That Shaped The Universal Injunction Case

    The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.

  • July 03, 2025

    Medela Can't Escape Trade Dress Claim In Breast Pump Suit

    An Illinois federal judge has refused to let Medela escape allegations that it infringed a rival's trade dress in a suit over a silicone breast pump design, but agreed to trim a false advertising claim.

  • July 03, 2025

    The Firms That Won Big At The Supreme Court

    The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.

  • July 03, 2025

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.

  • July 03, 2025

    5th Circ. Won't Revive Singer's TM Claims Against Bandmates

    The Fifth Circuit has declined to revive a case between the former members of the R&B group Jade, saying the Lanham Act claims brought by one member aren't supported when they are against co-owners of a trademark.

  • July 03, 2025

    Qualcomm Limits Access Of Rival's US Attys To UPC Case

    The Unified Patent Court upheld on Thursday a lower tribunal's decision to limit how many U.S. attorneys representing Network Systems Technologies LLC can access confidential Qualcomm materials in a trio of European patent infringement disputes.

  • July 02, 2025

    NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half

    The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.

  • July 02, 2025

    The Biggest Patent Rulings Of 2025: A Midyear Report

    A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.

  • July 02, 2025

    Genentech's $122M IP Fight Against Biogen In Jury's Hands

    Genentech Inc. wrapped a California federal trial Wednesday over claims that Biogen MA Inc. wrongly withheld $122 million in royalties for supplies of Biogen's multiple sclerosis drug, reminding jurors that Biogen's own internal projections showed it owing royalty payments in the years after the main patent expired in December 2018.

  • July 02, 2025

    Judge Revives Supplement Patent Claims Jury Found Invalid

    A Delaware federal judge Wednesday allowed HQ Specialty Pharma Corp. to correct an injectable calcium supplement patent it accused Fresenius Kabi of infringing and found the claims were no longer invalid as a result.

  • July 02, 2025

    Energy Firm Says Tribal Nonprofit Trade Secret Suit Too Vague

    An energy infrastructure consulting firm called on an Oregon federal judge to throw out a Native American nonprofit's lawsuit alleging the firm's founder and tribal liaison misappropriated its trade secrets, saying the nonprofit has failed to identify the trade secrets with any particularity.

  • July 02, 2025

    Vax Maker Ends Appeal After Stewart Halts Patent Ax Sanction

    After the acting director of the U.S. Patent and Trademark Office last month undid her predecessor's decision canceling all the claims of five Longhorn Vaccines & Diagnostics LLC patents as a sanction for misconduct, the company dropped its appeal in the case Wednesday.

  • July 02, 2025

    2nd Circ. Affirms NY Court Can't Nix Swiss Arbitration Loss

    The Second Circuit on Wednesday affirmed that an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture cannot be vacated in New York, concluding in a published opinion that the court lacks the power to do so.

  • July 02, 2025

    Netlist Asks For Toss Of Rival's 'Bad Faith' Claims

    Netlist Inc. has asked an Idaho federal judge to dismiss a suit brought by rival Micron Technology Inc. alleging bad faith patent litigation, saying the suit was simply an effort to undo a $445 patent verdict that Netlist won against Micron in Texas federal court last year. 

  • July 02, 2025

    Ex-Employees Of NJ Medical Co. Must Face Trade Secrets Suit

    A New Jersey federal judge let a medical communications agency pursue contract and trade secret claims against three former employees it accused of launching a rival firm while still on the payroll, but dismissed all claims against PharmaEssentia and its former executive.

  • July 02, 2025

    Judge Sanctions Building Makers Over Withheld Evidence

    A Tennessee federal judge has sanctioned a group of building manufacturing employees and ordered them to pay their former employers' attorney fees, finding they'd intentionally withheld and spoiled evidence during discovery.

  • July 02, 2025

    Apple Gets PTAB To Invalidate Authentication Patent Claims

    The Patent Trial and Appeal Board has sided with Apple in its challenge to various claims in an authentication patent, finding that the claims were too obvious to warrant patent protection.

  • July 02, 2025

    PTAB Invalidates Claims Of 2 Trading Platform Patents

    The Patent Trial and Appeal Board decided Tuesday that all the claims are invalid in two trading platform patents that Intercurrency Software LLC has accused cryptocurrency exchange Binance and others of infringing.

  • July 02, 2025

    Ex-Copyright Office Head Fights Gov't Arguments On Firing

    The fired leader of the U.S. Copyright Office said that a D.C. federal judge should ignore the Trump administration's arguments that her removal was lawful, saying the government wants the court to "stand idly by."

Expert Analysis

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • US Companies Must Recalibrate IP Strategy Amid China Shift

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    A recent order from the China State Council on intellectual property disputes is significant for U.S. companies, as it represents China's transformation into an assertive venue for patent enforcement, equipped with sophisticated tools for economic statecraft, says Keegan Caldwell at Caldwell Law.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • The State Of Play In Copyright Protection For Floor Plans

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    With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.

  • When Rule 12 Motions Against Class Allegations Succeed

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    Companies facing class actions often attempt early motions to strike class allegations, and while some district courts have been reluctant to decide certification issues at the pleading stage, several recent decisions have shown that Rule 12 motions to dismiss or strike class allegations can be effective, say attorneys at Womble Bond.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How IPR Estoppel Ruling May Clash With PTAB Landscape

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    Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Should Patent Disputes Be Filed In The ITC Or UPC?

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    When companies must choose between initiating patent litigation in the U.S. International Trade Commission or the European Union's Unified Patent Court, the ITC may offer a few distinct advantages, but ultimately the decision requires consideration of case-specific factors, say attorneys at White & Case.

  • 3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics

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    With plaintiffs counsel’s rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.

  • Opinion

    Congress Should Pass IP Reform, Starting With 3 Patent Bills

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    Congress is considering a trio of bipartisan bills to fix patent law problems that have cropped up over the past two decades, and it shouldn't stop there — addressing two other intellectual property issues is critical for America's economy, says retired Judge Kathleen O'Malley at the Council for Innovation Promotion.

  • When Reshoring, IP Issues Require A Strong Action Plan

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    With recent headlines highlighting tariffs as high as 3,521%, more firms will contemplate reshoring manufacturing to the U.S., and they will need to consider important intellectual property issues as part of this complex, expensive and lengthy undertaking, say attorneys at Norton Rose.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Prospects And Challenges For Expert Evidence At The UPC

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    Expert testimony on economic or damages-related issues will likely play a larger part in Unified Patent Court proceedings in the near future, potentially presenting unique challenges for experts, counsel and judges alike, say analysts at Charles River.

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