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  • May 12, 2025

    Chip Co. Urges Stewart To Rethink PTAB Discovery Decision

    The U.S. Patent and Trademark Office's acting leader should rethink her decision allowing for discovery in a patent fight over a pair of semiconductor patents, a chipmaker challenging the patents at the Patent Trial and Appeal Board has argued.

  • May 12, 2025

    DraftKings Hit With Patent Suit Over In-Game Betting

    An online gambling company has sued DraftKings in New Jersey federal court, alleging that the sports betting company's feature that allows users to place bets in real time during sporting events directly infringes several of its patents.

  • May 12, 2025

    Full DC Circ. Won't Review Copyright Denial For AI-Created Art

    The D.C. Circuit on Monday denied a computer scientist's request for a three-judge panel rehearing or en banc review of an order that found copyright law protects only human creations, nixing his appeal that attempted to obtain copyright for a two-dimensional artwork made by the computer scientist's artificial intelligence system.

  • May 12, 2025

    Fed. Circ. Won't Revive Sydnexis Eye Drop Patents

    The Federal Circuit on Monday backed a series of Patent Trial and Appeal Board rulings that found claims in a trio of patents owned by Sydnexis Inc. relating to ways to treat nearsightedness were invalid.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    Ugg Maker Hits Costco, CVS, Others With Wave Of IP Suits

    The maker of Ugg footwear has fired off a series of fresh trade dress infringement lawsuits against Costco Wholesale Corp., CVS Pharmacy Inc. and other online retailers in California federal court in its latest offensive push to protect its signature shearling footwear designs.

  • May 12, 2025

    Attys Say Avvo Scraped Bar Data To Sell Marketing Services

    A new class action filed Friday in Washington federal court accuses online legal service provider Avvo Inc. of misappropriating the identities of over 1 million attorneys to promote its legal marketing tools and referral services.

  • May 12, 2025

    AI Training May Need Licensing, Copyright Office Says

    Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.

  • May 12, 2025

    Copyright Office Director Latest To Get Axed By Trump

    The Trump administration has fired the director of the U.S. Copyright Office, shortly after the office issued a report raising questions about the legality of using copyrighted material to train generative artificial-intelligence models and two days after the White House ousted the leader of the Library of Congress.

  • May 09, 2025

    IP Atty Referred To Disciplinary Panel For Paralegal's Error

    A California federal magistrate judge referred beleaguered patent attorney William Ramey to a disciplinary committee for potential sanctions over his alleged "pattern" of filing pro hac vice requests with inaccuracies, even after a paralegal swore under oath that she misread the pro hac vice form and repeatedly made the mistake.

  • May 09, 2025

    Fed. Circ. Veers From USPTO Agenda In IPR Estoppel Ruling

    The Federal Circuit has cleared patent challengers to pursue grounds in district court that weren't available in inter partes reviews, which attorneys say will likely increase the amount of Patent Trial and Appeal Board challenges at a time when the agency is working toward the opposite.

  • May 09, 2025

    U. Of Minn., Telecom Giants Resolve Yearslong Patent Feud

    After a trial was put on hold in March, three telecom giants told a federal judge on Friday that they have resolved the University of Minnesota's patent litigation against them over 4G LTE technology.

  • May 09, 2025

    Judge Won't Undo TTAB's Ax Of General Cigar 'Cohiba' TMs

    A Virginia federal judge has refused to undo a Trademark Trial and Appeal Board decision granting state-owned tobacco company Cubatabaco's request to cancel U.S.-based General Cigar Co.'s trademark registrations on the term "Cohiba" for cigars.

  • May 09, 2025

    Tech-Averse Souter Still Kept Up With The Times In IP Cases

    U.S. Supreme Court Justice David Souter, who famously rejected facets of modernity like email and cellphones, nonetheless evinced a willingness to keep up with technology and culture in his writing on intellectual property matters, including important copyright cases on parody and peer-to-peer file sharing, attorneys said.

  • May 09, 2025

    Motive Pushes Back At New-Trial Bid In Fleet Monitoring IP Fight

    A fleet management company has hit back at arguments that it relied on making "improper religious and racial insinuations" to a jury to beat a rival's infringement claims, saying nothing that happened in the case warrants a new trial.

  • May 09, 2025

    Fed. Circ. Scolds Apple, Optis For Staying Mum On UK Ruling

    The Federal Circuit was in court Friday to decide whether a $300 million verdict against Apple for infringing standard-essential 4G patents owned by Optis ought to be wiped out, kept in place or sent back down to be nearly doubled, but first they had questions about another set of judges.

  • May 09, 2025

    TTAB Shoots Down Attempt To Register 'Cuadra' Alcohol Mark

    A Mexican shoe and apparel brand has lost its bid to register the mark "Cuadra" for certain types of alcoholic beverages, with the Trademark Trial and Appeal Board finding the company didn't show it actually planned to use the mark for its intended purpose.

  • May 09, 2025

    IP Partner Rejoins Venable After Morgan Lewis Stint

    Venable LLP has welcomed an intellectual property litigator back to its Washington, D.C., office after a stint at Morgan Lewis & Bockius LLP, touting her experience advising media, consumer product and software companies on a variety of IP matters, especially those involving artificial intelligence and copyright issues.

  • May 09, 2025

    Houston Texans Ask Court To Toss TicketMatrix Patent Suit

    The Houston Texans are asking a federal judge to toss a patent infringement suit brought by a ticketing service, arguing that the patent-at-issue is directed toward an "abstract idea" that isn't eligible for a patent.

  • May 09, 2025

    Souter's Clerks Remember Him As Humble, Kind And Caring

    Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.

  • May 09, 2025

    Vaping Co. Reaches Deal In Infringement Suit Against Rival

    Florida-based e-cigarette manufacturer VPR Brands has come to terms with the rival it slapped with a patent infringement lawsuit last year for allegedly making and selling vapes that infringe its patented "electronic inhaler" atomizer system.

  • May 09, 2025

    Insulet Seeks $30M In Atty Fees, Costs After Trade Secret Win

    After winning a nearly $60 million judgment in a trade secrets lawsuit against South Korean company EOFlow Co. Ltd., medical device company Insulet Corp. has told a Massachusetts federal judge that it should be granted a little over $30 million in attorney fees and litigation costs in light of the rival's "remarkable" misappropriation of its technology for a wearable insulin patch pump.

  • May 09, 2025

    Off The Bench: Latest NIL Deal Fix, More WWE Court Troubles

    In this week's Off The Bench, the NCAA tries again to get its multibillion-dollar compensation settlement approved, two sets of accusers draw Vince McMahon's history of misconduct at the WWE into their complaints, and the men's tennis tour was ordered to stop threatening players over joining an antitrust suit.

  • May 09, 2025

    Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter

    Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.

  • May 09, 2025

    Trump Ousts Library Of Congress Leader

    The Trump administration has fired Librarian of Congress Carla Hayden, the first woman and African American to hold the title, informing her in an email that her position was being terminated immediately without providing an explanation.

Expert Analysis

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • 4 Trade Secret Developments To Follow This Year

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    Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.

  • Republican Trifecta Amplifies Risks For Cos. In 3 Key Areas

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    Expected coordination between a Republican Congress and presidential administration may expose companies to simultaneous criminal, civil and congressional investigations, particularly with regard to supply chain risks in certain industries, government contracting and cross-border investment, say attorneys at Morgan Lewis.

  • New Law In NY Places Employee NIL Rights In Spotlight

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    New York recently became the first state to codify name, image and likeness rights for models, but as such protections seemingly expand for individual employees across industries, employers may want to brush up on related case law, and update their handbooks and policies accordingly, says Timothy Bechen at Woods Rogers.

  • Penn State Brand Case Leaves Ornamentality Unresolved

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    While the recent jury verdict in Penn State University v. Vintage Brand was a win for the college and brands, legal practitioners should expect plenty of litigation around unaddressed ornamentality issues of whether marks that are not yet incontestable can be canceled for being used solely in decorative, non-source-identifying ways, say attorneys at Debevoise.

  • Defense Strategies For Addressing Conspiracy-Minded Jurors

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    As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn’t possible, say consultants at IMS Legal Strategies.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Reviewing 2024's AI Patent And Copyright Developments

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    Attorneys at Rothwell Figg provide highlights on procedural and substantive intellectual property issues pertaining to AI in 2024 from the Copyright Office and U.S. Patent and Trademark Office, followed by what to expect in 2025.

  • Trump, Tariffs And Tech: The Right To Repair In 2025

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    The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • What To Expect In Higher Ed Enforcement Under Trump

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    Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.

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