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July 09, 2025
10th Circ. Won't Rule On Immunity In Dental Dispute
The Tenth Circuit has declined to grant a dental products company immunity from a rival's defamation claims, saying it can't yet rule on the issue since the district court's denial of immunity did not turn on a legal question.
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July 09, 2025
Fed. Circ. Snubs Samsung's Bid To Ship Texas Patent Case
The Federal Circuit on Wednesday shot down Samsung's attempt to send to California a lawsuit claiming its products such as smartphones and tablets infringe a variety of Mullen Industries LLC patents, leaving in place Eastern District of Texas Judge Rodney Gilstrap's denial of the transfer bid.
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July 08, 2025
IRhythm Argues Patent Owner's Inaction Shouldn't Doom IPRs
A heart monitoring company told the acting U.S. Patent and Trademark Office director that it shouldn't be barred from challenging a patent just because the company had known about it for 12 years, especially when the owner didn't assert it during that time.
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July 08, 2025
Breaking Down Stewart's Nonstop Discretionary Denial Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart inundated the patent community in May and June with dozens of rulings altering the landscape of discretionary denials at the Patent Trial and Appeal Board. Here, Law360 goes through what you should know.
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July 08, 2025
Medtronic's Blood Pressure IP Claims Against Recor Get Axed
A California federal judge on Monday agreed to toss, for now, Medtronic Ireland's counterclaims alleging that Recor's surgical treatment for high blood pressure infringes a pair of patents, finding that Medtronic Ireland doesn't have the standing to sue because it licensed its patents to another company.
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July 08, 2025
Broadcom Wants Netflix's 'Retaliatory' Cloud Patent Suit Axed
Broadcom and cloud services provider VMware on Monday urged a California federal court to throw out Netflix's "meritless, retaliatory" patent infringement suit against them, arguing that Netflix is the one infringing Broadcom's patents and the latest suit is intended to give Netflix leverage in the ongoing dispute.
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July 08, 2025
Del. Judge Cuts Co-Plaintiff From $57M Refined Coal IP Suit
A co-plaintiff alongside Midwest Energy Emissions Corp. cannot share in a $57 million award from a jury that found patents on technology for refining coal to reduce mercury emissions from power plants were infringed, with a Delaware federal judge ruling on Tuesday the other company lacks standing.
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July 08, 2025
Teva Challenge To J&J Antipsychotic Patent Fails At Fed. Circ.
The Federal Circuit on Tuesday rejected Teva Pharmaceuticals USA Inc.'s challenge to the validity of claims in a Johnson & Johnson unit's patent covering a lucrative schizophrenia drug, disagreeing with the generic-drug maker that one of the patent's claims should be presumed obvious.
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July 08, 2025
Aviation Co. Asks Justices To Clarify TM Jury Trial Rights
A personal airplane manufacturer involved in a trademark dispute with a luxury charter-plane company has asked the U.S. Supreme Court to determine whether parties in infringement cases forfeit their right to a jury trial when seeking an accounting of profits as the monetary remedy instead of damages.
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July 08, 2025
Biosimilars Industry Group Backs Interchangeability Bill
The current law on how biosimilars are deemed interchangeable or not with their name-brand biologic equivalents has led to public confusion over how safe biosimilars are, a coalition of healthcare industry groups told lawmakers in a letter Monday.
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July 08, 2025
Anoxia Says Alembic's Blood Clot Catheter Infringes Patents
Anoxia Medical Inc. commenced a patent infringement suit in California federal court Monday against its competitor Alembic LLC, accusing Alembic of ripping off Anoxia's novel technology for its endovascular "Slinky®" catheter invention that efficiently removes blood clots from the human body.
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July 08, 2025
4th Circ. Revives Medical Device Co.'s Claim In Contract Suit
The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.
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July 08, 2025
Judge Doubts OpenAI Rival Used Similar TM Commercially
A California federal judge appeared skeptical Tuesday that Open Artificial Intelligence Inc. began using its name commercially earlier than ChatGPT developer OpenAI Inc., pushing the lesser-known company for evidence and expressing impatience over what she viewed as a lack of any substantive backing.
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July 08, 2025
Exclusion's Use Of 'The' Supports Alt. Reading, 5th Circ. Says
The Fifth Circuit said an exclusion barring coverage for intellectual property infringement claims didn't necessarily relieve an insurer from covering defense expenses an oil and gas company incurred in an IP theft lawsuit, finding the exclusion's use of "the" led to a pro-coverage, reasonable meaning.
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July 08, 2025
Medical Co. Wants High Court To Review Rushed Patent Case
A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.
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July 08, 2025
The Biggest Copyright Rulings Of 2025: A Midyear Report
Two California judges were the first to deliver crucial rulings about what constitutes fair use in training generative artificial intelligence models — a question expected to test the boundaries of the copyright doctrine amid the emergence of the groundbreaking technology. Here is Law360's list of the biggest copyright decisions so far this year.
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July 08, 2025
Clarity Sought On Tycoon's Trade Secrets In Hacking Suit
A federal judge has said he needs a clearer picture on whether aviation tycoon Farhad Azima owns the trade secrets he has accused a North Carolina private investigator of leaking as part of an international hacking conspiracy, ordering both sides to beef up their briefing on the issue.
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July 08, 2025
Fed. Circ. Won't Revive EcoFactor Thermostat Patent Claims
The Federal Circuit on Tuesday refused to revive a series of EcoFactor Inc. patents related to energy-efficient smart thermostats, backing Patent Trial and Appeal Board findings that Google showed the patents were invalid.
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July 08, 2025
Frost LLP Adds Entertainment Vet As Partner
Longtime entertainment attorney Gary Stiffelman has joined Frost LLP as a partner after several years at his own firm, bringing the experience of four decades representing what the firm said were numerous high-profile artists, cultural leaders and executives.
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July 07, 2025
6th Circ. Affirms Toss Of 'Que Sera, Sera' Writer's Family Spat
The Sixth Circuit Monday refused to revive a royalties spat between the granddaughter and daughter of Jay Livingston, the late Oscar-winning co-songwriter of "Que Sera, Sera," saying in a published opinion that the granddaughter failed to plausibly allege that her mom's bids to terminate copyright grants were invalid.
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July 07, 2025
Annoyed Fed. Circ. Judge Unsure Where To Land In Drug Row
An irascible Federal Circuit judge chewed out both sides of the aisle Monday morning during arguments over a generic endocrine disorder drug, and although she accused one attorney of "beating a straw man to death," the judge said she still wasn't sure how she would decide the appeal.
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July 07, 2025
Fed. Circ. Digs Into Domestic Industry For Apple Watch Appeal
A Federal Circuit panel on Monday struggled with how to meet domestic industry requirements needed for the U.S. International Trade Commission to issue import bans, as it evaluated the agency's high-profile decision to keep certain Apple Watches out of the U.S.
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July 07, 2025
Ioengine Wants Fed. Circ. To Rethink IPR Estoppel Ruling
Ioengine LLC on Monday urged the Federal Circuit to rethink a panel's decision backing a jury's invalidation of its flash drive patents for being publicly available, saying the decision would upend a balance meant to protect patent owners against repetitive legal attacks.
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July 07, 2025
Fed. Circ. Ponders If PTAB Developments Save 'Veto' Rule Suit
A Federal Circuit judge wondered Monday if developments concerning the U.S. Patent and Trademark Office director's discretionary denial process could breathe new life into advocacy groups' fight for a "veto" for small business patent owners defending themselves at the Patent Trial and Appeal Board.Â
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July 07, 2025
As New Era Dawns For College Athletes, Repairs Still Needed
As far back as late 2023, when a broad cross-section of former college athletes was certified as a class to sue the NCAA for unpaid name, image and likeness compensation, all parties involved have known that the eventual settlement of its claims would repair just one specific broken part of the college sports ecosystem. With the portion of the $2.78 billion settlement designed to share institutional revenues directly with athletes going into effect on Tuesday, legal experts still wonder how and when enough will be done to set right the scales that went unbalanced for decades.
Expert Analysis
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Opinion
UK Court Of Appeal's FRAND Ruling Is Troubling
The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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4 Ways To Leverage A Jury's Underdog Perceptions
Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.
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4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP
Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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What Businesses Need To Know About EU Design Law Reform
Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.
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Berry Ruling Shows Why Plant IP Suits Can Be Thorny
A California federal court's recent decision in Driscoll's v. California Berry Cultivars illustrates that while a path exists for asserting U.S. plant patent rights against extraterritorial breeders, it can be difficult to prove infringement based on importation of plant parts, say Travis Bliss and Stephany Small at Panitch Schwarze.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.