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April 29, 2025
Fed. Circ. Backs TM Denial Of Dark Green Gloves As Generic
The Federal Circuit on Tuesday adopted a test for determining if trademarks are generic when considering claims on distinctive colors, affirming a trademark board precedent used to reject an Indonesian medical supply company's efforts to claim a trademark for dark green surgical gloves.
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April 29, 2025
Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes
Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.
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April 29, 2025
Drinkers Not Vexed By Brand In 'Sea Of Tequilas,' 5th Circ. Told
A Fifth Circuit panel seemed hesitant to accept a U.S. tequila startup's argument that it was selling its product in a "sea of tequilas" that all have similar marks, questioning Tuesday whether its branding had enough similarities to an older Mexican brand called "Clase Azul" to confuse consumers.
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April 29, 2025
Mexico Put On Latest USTR Priority IP Watch List
The Office of the U.S. Trade Representative on Tuesday issued its annual global intellectual property report that has placed close trading partner Mexico on its list of countries to keep the closest eye on.
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April 29, 2025
Cooley Life Sciences Ace Rejoins Latham In Bay Area
Latham & Watkins LLP has welcomed back an intellectual property attorney who spent the past nine years at Cooley LLP to bolster its healthcare and life sciences practice, including advising clients about licensing and transactional matters.
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April 29, 2025
Boston Seafood Co. Says Salmon Exec Stole Trade Secrets
A former C-suite executive and head of salmon accounts at a Boston-area seafood distributor spent months emailing sensitive trade secrets from his work account to a Norwegian competitor before joining it to launch a rival business in the U.S., according to a federal lawsuit filed Tuesday.Â
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April 29, 2025
Judge Tosses Chalmers' NIL Suit, Hands NCAA Major Victory
In a significant win for the NCAA against a wave of college athletes suing for past name, image and likeness compensation as a multibillion-dollar settlement awaits approval, a New York federal judge dismissed a proposed class action by 16 former men's basketball players accusing the NCAA of exploiting them long after their careers ended.
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April 29, 2025
US Biotech Firm To Quit London Listing After IP Deal
Biotechnology company LungLife said Tuesday that it has convened a shareholder meeting to approve plans to delist from the Alternative Investment Market of the London Stock Exchange after it reached a deal to sell its intellectual property assets.
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April 28, 2025
Ramey IP Attys Pay Sanctions, But Defend Fed. Circ. Appeal
Texas intellectual property lawyer Bill Ramey and two other attorneys informed a California federal court Monday that they have made payments toward fines totaling $64,000 and alerted disciplinary bodies that they were sanctioned, the same day they urged the Federal Circuit to keep alive their appeal of the sanctions.
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April 28, 2025
Stewart Wants PTAB To Check If Chip Co. Has Ties To Intel
The U.S. Patent and Trademark Office's acting director has ordered the Patent Trial and Appeal Board to allow discovery over a chipmaker's relationship with Intel Corp., which could block challenges targeting patents issued to a former Texas Instruments Inc. executive.
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April 28, 2025
SAIC, Feds, Microsoft Settle Night-Vision Goggle Patent Suit
The federal government has reached a deal to end a suit from Science Applications International Corp. accusing the government of contracting with Microsoft and L3 Technologies Inc. for night-vision goggle weapon systems with infringing displays.
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April 28, 2025
USPTO Discovery In VLSI Row Unlawul, PQA Tells Fed. Circ.
A company that was sanctioned for flouting discovery while challenging the validity of a VLSI Technology LLC patent underpinning a since-vacated $1.5 billion infringement verdict told the Federal Circuit on Friday that the U.S. Patent and Trademark Office director lacked the authority to order that discovery.
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April 28, 2025
ITC Affirms Optimum's Network Patent Case Is Over
The U.S. International Trade Commission has decided not to breathe any new life into Optimum Communications Services Inc.'s patent infringement case against several Chinese tech companies over network switching and routing patents, but it also cut part of an agency judge's findings on ownership of the patents.
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April 28, 2025
Chinese Cos. Lose Immunity Fight In 9th Circ. IP Case
The Ninth Circuit on Monday shot down arguments from related Chinese steel companies that they shouldn't have to face espionage charges that they stole DuPont trade secrets for creating titanium dioxide, saying they aren't protected by foreign sovereign immunity.
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April 28, 2025
'Top Gun: Maverick' Writer's Cousin Says He Co-Piloted Script
The cousin of a "Top Gun: Maverick" screenwriter has sued Paramount Pictures in New York federal court, alleging he penned many of the film's key scenes but never received any credit or compensation for his purported contribution to the 2022 blockbuster.
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April 28, 2025
PTAB Axes 3 Gaming Patents, Trims Another In Playrix Fight
Administrative patent judges have agreed to wipe out three mobile video game software patents asserted against game developer Playrix but split on prior art arguments challenging two claims in a related fourth patent.
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April 28, 2025
Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale
A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.
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April 28, 2025
NC Judge Says 'Natural Dog' TM Confusion Fight Needs A Trial
A North Carolina federal judge denied a Tar Heel State pet store chain's bid for a pretrial win in a trademark infringement suit brought against it by Natural Dog Acquisitions LLC, ruling Monday that the case needs a jury trial to resolve certain questions of fact.
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April 28, 2025
Trump Must Face Copyright Claim Over Isaac Hayes Song Use
A Georgia federal judge refused to free President Donald Trump from a copyright infringement claim levied against him over his election campaign's use of artist Isaac Hayes' song "Hold On, I'm Coming" at rallies.
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April 28, 2025
Casper Sleep Gets PTAB To Squash Cooling Pillow Patent
The Patent Trial and Appeal Board has ruled that the claims in a patent for a cooling pillow were invalid, handing a win to e-commerce sleep product company Casper Sleep in its challenge.
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April 28, 2025
High Court Passes On Coke Sweetener Patent Case
The U.S. Supreme Court on Monday rejected a Texas chemical company's challenge to a Federal Circuit decision scratching claims in a patent on the process to create the artificial sweetener used in Coke Zero, in a case that addressed whether the secret usage of that process could preclude its patent eligibility.Â
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April 28, 2025
High Court Declines Review Of 'Server Test' In Copyright Suit
The U.S. Supreme Court on Monday rejected a challenge to the Ninth Circuit's criteria for determining copyright liability when photos are embedded online, denying a photographer's appeal in a case where he is suing Canadian media company Valnet Inc.
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April 25, 2025
Ramey Loses Last-Minute Attempts To Avoid Sanctions
Texas attorney Bill Ramey and two others will have to pay more than $64,000 and alert disciplinary bodies that they have been sanctioned by Saturday, after a California federal court and the U.S. Supreme Court refused a last-minute stay on the sanctions.
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April 25, 2025
Thomson Reuters Tells 3rd Circ. AI Fair Use Appeal Is Too Early
Thomson Reuters on Thursday urged the Third Circuit to reject tech startup Ross Intelligence's bid for a quick appeal focusing on two key questions from a trial court decision concluding it infringed the Westlaw platform to create an artificial intelligence-backed competing legal research tool.
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April 25, 2025
Samsung Presses For New Trial After $192M EDTX Verdict
Samsung is asking a Texas federal court for a new trial in its latest bid to escape a $192 million jury verdict owed to a small Silicon Valley outfit that asserted a handful of wireless charger patents against the tech giant.
Expert Analysis
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights
A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How AstraZeneca Ruling Could Change Dosage Patent Claims
If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.
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Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts
Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.
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Failed W.Va. Patent Challenge Reveals Secret Prior Art's Risks
A West Virginia federal court's recent ruling — that references used by a patent challenger to establish an ordinarily skilled artisan's existing knowledge must be published before a patent's filing — may discourage claim construction challenges based on secret prior art and steer drafters away from externally defined terms, says Brianna Potter at Baker Botts.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.