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Featured
Meet The Attys Now Fighting Judge Newman's Suspension
Federal Circuit Judge Pauline Newman's main attorney in the fight against her suspension from the appeals court has departed from the New Civil Liberties Alliance, leaving his former colleagues to head the litigation.
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September 12, 2025
In Fees Fight, OpenAI Rival Says TM Case Not Exceptional
Nothing "stands out" from a successful trademark case brought by OpenAI against Open Artificial Intelligence Inc., the latter company told a California federal judge, urging the court to deny OpenAI's request to make it pay $10 million in attorney fees.
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September 12, 2025
Del. Judge Says Pet Med Co. Founder Liable For $40.2M
A Delaware Superior Court judge has ruled the founder of a veterinary orthopedic implant venture must indemnify the company's recent buyer for $40.2 million from a $70 million patent infringement-related settlement, while capping the cumulative liability award after other costs at $55 million.
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September 12, 2025
Fed. Circ. Backs $3.5M Award In Wallet Gadget Patent Case
The Federal Circuit held Friday that it won't undo Dynamite Marketing's $3.5 million win in a suit in which a jury found that WowLine Inc. infringed a patent covering the Wallet Ninja, upholding awards for both damages and attorney fees.
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September 12, 2025
Texas Jury Finds AT&T Didn't Infringe Telecom Patent
A Texas federal jury has found that Irish company Daingean Technologies Ltd. hadn't proven that AT&T infringed a telecommunications patent when it launched its 5G phone service networks.
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September 12, 2025
Assurant Rival Seeks Toss Of 'Scant' Racketeering Claims
A former salesman for auto warranty underwriter Assurant called on a federal judge Thursday to release him from the company's suit alleging he hatched a conspiracy to poach clients and steal records, arguing his old employer had blown up a "garden-variety business dispute" into a bogus racketeering claim.
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September 12, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen former Master Chef presenter Gregg Wallace sue the BBC, Elon Musk's xAI take legal action against a staff engineer, and fashion mogul Kevin-Gerald Stanford file a fresh claim against Lion Capital-owned Klotho and EY amid a long-running All Saints share acquisition dispute.
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September 11, 2025
Google's 'Failure To Communicate' In AI Fight Irks IP Judge
A California magistrate judge presiding over discovery in a proposed class action alleging Google's artificial-intelligence training models infringed artists' copyrights on Thursday refused, for now, to appoint a special master after plaintiffs accused Google of delaying data production by months, but she expressed frustrations with Google counsel's "failure to communicate."
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September 11, 2025
Apparel Co. Accuses Google Of Helping Copyright Infringers
An apparel company that sells shirts themed around America and competitive drinking sued Google on Thursday in Ohio federal court, claiming the search engine giant assists online retailers that make copycats of its products.
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September 11, 2025
9th Circ. Revives 'Beauty' FX Copyright Verdict Against Disney
The Ninth Circuit on Thursday revived a verdict that Walt Disney Pictures vicariously infringed a digital effects company's facial-motion capture software by using it for the 2017 "Beauty and the Beast" film, saying the tech company presented sufficient evidence for jurors to find Disney could have stopped its effects contractor's infringement.
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September 11, 2025
Ex-USPTO Solicitor Says Squires Is Better Than No One
A former U.S. Patent and Trademark Office solicitor is asking the U.S. Senate to confirm John Squires as USPTO director, saying political accountability has become more important than finding a candidate who is right for the job.
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September 11, 2025
PTAB To Review Nike Flyknit Patent After Stewart Remand
The Patent Trial and Appeal Board has agreed to institute review of a patent covering Nike Inc.'s Flyknit line of sneakers, after the acting head of the U.S. Patent and Trademark Office revived Skechers' challenge to the patent.
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September 11, 2025
Tesla, Musk And WB Slice Off 'Blade Runner' IP Claims
A California federal judge tossed several claims Thursday from Alcon Entertainment's lawsuit alleging Tesla, its CEO Elon Musk and Warner Bros. Discovery used an image that infringes "Blade Runner 2049," while chastising the plaintiff for a 96-page complaint he said showcases a "proclivity towards overdoing things."
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September 11, 2025
NC Justices Ponder How Much Of Firm Value Atty's Ex Gets
North Carolina's top court hinted Thursday that a solo attorney's ex-wife may be able to claim at least a morsel of his law firm's worth in their divorce, as the justices pondered whether to draw a distinction between two types of business value known as personal and enterprise goodwill.
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September 11, 2025
Under Armour Prevails In PTAB Challenges To 4 Shoe Patents
The Patent Trial and Appeal Board has invalidated a host of claims across four patents owned by a golf shoe company, handing a win to Under Armour as it fights an infringement suit over the patents in Texas federal court.
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September 11, 2025
RSS Co-Creator Unveils License Plan For AI Content Crawlers
The co-creator of RSS feeds has helped launch a licensing process for AI crawlers that scrape website content to train artificial intelligence systems.
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September 11, 2025
Fed. Circ. Lets Ruling On Canada's Cherry Patent Stand
The Federal Circuit on Thursday declined a request by a group of cherry growers to reinstate a court order that a patent covering the Staccato cherry variety owned by the Canadian government was invalid, saying a district judge had not acted improperly by reversing the order.
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September 11, 2025
Zeiss Secures $785K In X-Ray Patent Trial Against Sigray
Sigray Inc. is on the hook for $785,000 in damages after a finding in California federal court this week that it infringed X-ray imaging patents owned by Carl Zeiss X-Ray Microscopy Inc., but the jury also found that Sigray's infringement was not willful and refused to award any lost profits.Â
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September 11, 2025
Luminar Must Face Investor Suit Over Image Rip-Off Claims
Autonomous vehicle technology company Luminar Semiconductor Inc. cannot escape the latest version of a proposed investor class action alleging that it passed off an image of a competitor's technology as its own after a Florida federal judge found that the amended suit now sufficiently pleads that the company made material misrepresentations.
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September 11, 2025
IYO Loses Sanctions Bid In OpenAI Trademark Case
Technology firm IYO Inc. was denied a request to sanction OpenAI by a California federal judge who said IYO had not convincingly backed up its claim that OpenAI reposted materials touting products under the "IO" brand in violation of a court order.
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September 11, 2025
Fed. Circ. Keeps Google, Amazon Patent Fights In Calif.
The Federal Circuit on Thursday refused to send back to Texas federal court a pair of suits from a software company accusing Google and Amazon of patent infringement, refusing to undo findings that California was the better venue.
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September 10, 2025
Britannica, Merriam-Webster Sue Perplexity Over Content Use
Encyclopedia Britannica Inc. and Merriam-Webster Inc. on Wednesday sued Perplexity AI Inc. in New York federal court, alleging that the artificial intelligence-powered search engine startup was engaging in "massive copying" of their copyright-protected content and spitting out verbatim reproductions of their content without permission.
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September 10, 2025
Fed. Circ. Won't Revisit Double-Patenting, Soda TM Appeals
The Federal Circuit on Wednesday declined to revisit its decisions in a trio of intellectual property cases, including one where it upheld an Acadia Pharmaceuticals Parkinson's disease drug patent and addressed double-patenting, and another deeming "Kist" and "Sunkist" soft drink marks confusingly similar.
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September 10, 2025
Sonos Seeks Exit In $3M Royalties Suit By SoundExchange
Sonos says it shouldn't have to face a suit claiming it and Napster failed to pay more than $3.4 million in royalties, interest and other costs related to the operation of Sonos Radio, saying it never had the responsibility of having to pay any royalties.
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September 10, 2025
Disney Says Forged Doc Aids $532K 'Moana' Sanctions Bid
An attorney for Disney on Wednesday urged a California federal judge to issue $532,815 in sanctions against attorneys representing an animator who unsuccessfully alleged "Moana" lifted from his Polynesian adventure story, saying the lawyers knew or should have known a key document in the case is a forgery.
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September 10, 2025
Plaintiffs Seek Info From Microsoft, OpenAI In Copyright MDL
A proposed class of authors suing over the alleged use of works to train ChatGPT has asked a Manhattan federal judge to force Microsoft to hand over documents they said could be a "smoking gun of copyright infringement," while a group of news organizations said OpenAI should turn over materials on low-quality, artificial intelligence-generated news sites.Â
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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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.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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How Value-Based Patent Fees May Shape IP Strategies
If the U.S. Patent and Trademark Office implements rumored plans to correlate patent fees with patent value, the financial and strategic consequences would largely depend on the specifics of how, when and how often patent values are assessed, say attorneys at Cleary.
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2 Approaches To Atty Ethics Liability For Agentic AI Errors
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Using Reissue Applications To Strategically Improve Patents
Though reissue applications are an often-overlooked consideration in today's patent environment, they can offer powerful tools for correcting errors, strengthening patent protection, or adapting to evolving business and legal landscapes, says Curtis Powell at Wolf Greenfield.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Patent Claim Lessons From Fed. Circ.'s Teva Decision
The Federal Circuit's recent decision in Janssen v. Teva is an important precedent for parties drafting patent claims or litigating obviousness where the prior art has potentially overlapping ranges for a claimed element, and may be particularly instructive to patent applicants in the pharmaceutical field, say attorneys at Cooley.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Future-Proof Patent Law By Starting Talent Pipelines Early
Law firms struggling with a narrow talent pipeline in the intellectual property space should consider beginning their recruitment strategies for potential candidates as early as high school, and raise awareness for career opportunities that do not require a law degree, says Christine Hollis at Marshall Gerstein.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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How USPTO Examiner Memo Informs Software Patent Drafting
A memorandum recently released by the U.S. Patent and Trademark Office provides useful clues as to how the USPTO and examining corps will evaluate claims in software-implemented inventions for subject matter eligibility going forward, says Michael Lew at Squire Patton.
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FTC, CoStar Cases Against Zillow May Have Broad Impact
Zillow's partnerships with Redfin and Realtor.com have recently triggered dual fronts of legal scrutiny — an antitrust inquiry from the Federal Trade Commission and a mass copyright infringement suit from CoStar — raising complex questions that reach beyond real estate, says Shubha Ghosh at Syracuse University College of Law.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Enablement Standard Insights From Fed. Circ. Agilent Ruling
The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.
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How WTO's Anti-Suit Injunction Ruling Affects IP Stakeholders
The World Trade Organization's recent ruling in favor of the European Union's challenge to Chinese courts' anti-suit injunction practices should hearten holders of standard-essential patents, while implementers can take solace that they retain mechanisms to distinguish the WTO decision when seeking anti-suit injunctions in U.S. courts, says Michael Franzinger at Dentons.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.