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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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • July 07, 2025

    Fitch Even Fights Bid To Toss Prenatal Test Patent Suit

    Fitch Even Tabin & Flannery LLP is urging an Illinois federal court not to toss its suit seeking a declaration that the co-founder of a former client isn't the inventor behind a prenatal test patent, contesting her argument that the firm lacks standing to sue.

  • July 07, 2025

    Law Firm Partners United Co-Founder Joins King & Spalding

    A Goodwin Procter LLP intellectual property partner who earlier this year co-founded a coalition of BigLaw attorneys challenging the Trump administration's attacks on law firms has jumped to King & Spalding LLP.

  • July 07, 2025

    AI Weather Startup Claims Rival Used Trade Secrets

    An artificial intelligence-powered weather simulation startup has sued a rival company in California federal court, claiming a consultant took its source code and used it to found the competitor.

  • July 07, 2025

    USPTO Ups Number Of Prioritized Patent Applications

    The U.S. Patent and Trademark Office is raising the number of applications it can accept each year for a prioritized patent examination to 20,000.

  • July 07, 2025

    George Clinton Faces Sanctions Bid In IP Suit

    Music executive Armen Boladian has asked a Florida federal court to sanction funk legend George Clinton, saying he was raising issues already adjudicated in their decades-long series of legal disputes.

  • July 07, 2025

    ESPN, NFL Skewer Jets Legend's Suit Over Doc Portrayal

    ESPN and NFL Films are looking to escape a lawsuit that Mark Gastineau, a former New York Jets defensive end, brought against them over their portrayal of him in a "30 for 30" documentary, telling a New York federal court the onetime defensive player of the year granted the companies full access to his image and likeness and surrendered any right to approve its use.

  • July 07, 2025

    Fed. Circ. Affirms Cisco's Defeat Of $371M Patent Suit

    The Federal Circuit on Monday declined to revive software company Egenera's $371 million patent lawsuit against Cisco, affirming lower court findings that the communications giant didn't infringe.

  • July 07, 2025

    Chicago Cubs Deride Rooftop Biz's 'Sights And Sounds' Claim

    The Chicago Cubs scoffed at the assertion that they're trying to control the sounds and smells that escape from Wrigley Field as argued in a dismissal bid by a nearby rooftop owner the club is suing for violating its intellectual property rights.

  • July 04, 2025

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen the owner of Crystal Palace and the troubled Olympique Lyonnais football clubs sue its current chief executive John Textor, Fieldfisher faces a claim by Georgian businessman Zaza Okusahvili, and a dispute partner at Travers Smith file a personal injury claim against the firm.

  • July 03, 2025

    American Eagle, Amazon Settle Aerie TM Infringement Case

    American Eagle Outfitters has agreed to settle its suit claiming that Amazon used the clothing line's Aerie trademarks without permission to drive traffic to its site and trick customers into thinking Amazon sold Aerie products, according to a dismissal order filed in New York federal court.

  • July 03, 2025

    Efficient Power Appeals Stewart Decision After Patent Is Axed

    Efficient Power Conversion is appealing acting U.S. Patent and Trademark Office Director Coke Morgan Stewart's rejection of its request that she apply new policies on when Patent Trial and Appeal Board petitions should be denied to a decision that invalidated its microchip patent.

  • July 03, 2025

    Stewart Drops Mixed Bag Of Discretionary Denial Rulings

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has released 24 more discretionary denial decisions, more than half of which she cleared challenges to move forward through the Patent Trial and Appeal Board process.

  • July 03, 2025

    USPTO Tells PTAB To Try Again On UNM Wireless Patent

    The acting head of the U.S. Patent and Trademark Office found Wednesday that the Patent Trial and Appeal Board wrongly terminated network equipment maker Zyxel's challenge to a University of New Mexico wireless communications patent without considering a remand from the Federal Circuit.

Expert Analysis

  • Strategies For Litigating In The Unified Patent Court

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    Since opening its gates two years ago, the European Unified Patent Court has transformed the patent litigation landscape and global litigation strategies, but parties seeking to take advantage of the court's robust processes must be prepared for the front-loaded character of UPC proceedings, say attorneys at McDermott.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 3 Mistakes To Avoid In Service Provider AI Terms

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    Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.

  • DOJ Policy Shifts May Resurrect De Facto 'China Initiative'

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    The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Rebuttal

    Forced Litigation Funding Disclosure Threatens Patent Rights

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    A recent Law360 guest article argued that courts should adopt stronger disclosure requirements for third-party litigation funding, but rather than enabling fairness or transparency, such measures would only undermine patent holders' access to capital and weaken their ability to assert valid patent rights, says Anup Misra at Curiam Capital.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

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    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

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