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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.
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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.聽
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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.
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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.
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May 27, 2025
Justices Deny Food Wrapping Co.'s Prior Art Petition
The owner of invalidated food wrapping patents failed to persuade聽the U.S. Supreme Court聽on Tuesday to review its allegations that the Federal Circuit wrongly presumes prior art is always enabled.
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May 27, 2025
Justices Skip Law Firm's TM Appeal Over Rival's Google Ads
The U.S. Supreme Court on Tuesday聽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.
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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.
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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 鈥 as well as how one judge's class of '62 yearbook might be a small part of the litigation.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 鈥 flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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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.
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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.
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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.
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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."
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May 23, 2025
Switchblade Maker Claims Competitor Infringed Lock Patent
The makers of a switchblade knife featured in a "John Wick" movie claim a competitor copied their patented design for keeping the blade from wiggling or rattling, according to a federal lawsuit filed in Pennsylvania.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at聽Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we鈥檙e in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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The New Playbook For Managing Athlete-Controlled IP
Comparing Luka Don膷i膰's and Lebron James' approaches to establishing and managing their brands highlights a shift toward athlete-controlled IP and some lessons on how players and teams can collaborate to capitalize on athletes' star power, say attorneys at Debevoise.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at聽Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I鈥檓 delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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China High Court Ruling Could Encourage Antitrust Litigation
Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred 鈥 which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive 鈥 but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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How Amended Rule 702 Affects Testimony In Patent Litigation
In 2023, Federal Rule of Evidence 702 was amended to address the apparent failure of some courts to prevent unreliable expert evidence from reaching a jury, but a statistical analysis of Daubert decisions in 2022 and 2024 shows that courts remain divided about how to apply consistent evidence standards, say attorneys at Perkins Coie.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women鈥檚 History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.