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May 07, 2025
NexStep Wants High Court To Look At Comcast Patent Fight
NexStep Inc. has asked the U.S. Supreme Court to review the standard for an expert's testimony under a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, the latest move in a dispute with Comcast.
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May 07, 2025
Fed. Circ. Clears Way For Sun Pharma Alopecia Drug
Incyte Corp. can't challenge a board ruling preserving claims in a Sun Pharmaceutical Industries patent covering an alopecia areata drug, the Federal Circuit said Wednesday, finding the company's plans to sell its own product weren't firm enough to give it standing.
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May 07, 2025
Teradata Is Infringing 4 Tech Patents, Suit Claims
Teradata Corp. is facing a suit in Delaware federal court alleging it infringes DataCloud Technologies LLC patents for data processing and management technology with various software systems, including in its website infrastructure.
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May 07, 2025
Insulet Pursues EOFlow's Finances After $60M Ruling
A Massachusetts federal judge has ordered a Korean wearable insulin patch maker to respond to discovery requests as Insulet Corp. looks to collect a nearly $60 million trade secrets judgment, including information concerning an ongoing arbitration with Medtronic PLC stemming from a nixed acquisition deal.
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May 07, 2025
Nike, 'Replica' Influencer Settle TM Suit Ahead Of Trial
Nike has resolved the remainder of its trademark infringement lawsuit against a social media influencer accused of posting and selling fake Nike shoes just days before trial, with a Florida federal judge on Wednesday signing off on the agreement that calls for the influencer to pay $1 million in damages.
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May 07, 2025
Politics, Tech Issues Top Concerns At Chicago Risk Event
Insurance and risk professionals around the country gathered in Chicago to discuss potential perils and opportunities for the future, with talks often centering on President Donald Trump's administration, technological developments and statutory reform of the legal system.
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May 07, 2025
Fed. Circ. Backs Denial Of 'US Space Force' Trademark
The Federal Circuit on Wednesday shot down an intellectual property attorney's appeal of the Trademark Trial and Appeal Board's denial of his bid to register a trademark for the term "US Space Force," refusing to undo a finding that it would suggest a false connection to the military branch.
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May 07, 2025
China Economic Official To Ask US For U-Turn On Tariffs
China's top economic official will ask the U.S. to reverse course on its tariffs while meeting with Treasury Secretary Scott Bessent and U.S. Trade Representative Jamieson Greer this weekend in Switzerland, China's Ministry of Commerce said Wednesday.
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May 07, 2025
Tesla Accused Of Infringing Vehicle Shift Patents
Bulletproof Property Management LLC has filed a lawsuit accusing Tesla of infringing its patents with a feature that allows its cars to automatically shift between drive and reverse.
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May 07, 2025
Judge Affirms $9.4M Verdict For American Airlines In IP Case
A Texas federal judge has finalized a $9.4 million judgment for American Airlines over airfare search engine Skiplagged Inc.'s unauthorized use of copyrighted booking content, while also upholding the jury's finding that Skiplagged's use of American's trademarks was fair and declining to revive the lawsuit's contractual claims.
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May 07, 2025
Samsung Gets PTAB To Ax Claims In 3 Broadphone Patents
The Patent Trial and Appeal Board has found that Samsung was able to show that claims across a trio of patents covering a way to keep track of mobile devices were invalid, ruling they were obvious.
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May 07, 2025
World Cup Distributor Sues NY Bar, Claiming Illicit Broadcast
A company with exclusive distribution rights for World Cup qualifying matches sued a New York restaurant on Wednesday for copyright infringement after it allegedly publicly broadcast a match without securing a license.
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May 07, 2025
Chemours Pans 'Perplexing' Patent Claim In Distribution Row
The Chemours Co. FC LLC has ripped a competitor's amended antitrust suit against it and its distributor for adding a "perplexing claim" for a declaratory judgment that the chemical company does not have any patents on a refrigerant, arguing that patents are a matter of public record and that the suit should be tossed.
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May 07, 2025
Baking Co. Says Trade Secret Sanctions Bid Is Undercooked
An Ohio baking products company says it shouldn't be sanctioned for sharing some of the ingredients in one of its products in a temporarily public court filing, since the same ingredients had been discussed in open court during testimony about how that product allegedly differed from the trade-secret recipe a rival was trying to protect.
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May 06, 2025
Cerence Sues Microsoft Over Text-To-Speech Tech Use
Massachusetts-based artificial intelligence company Cerence Inc. on Tuesday sued Microsoft and a Microsoft subsidiary in Delaware federal court alleging copyright infringement and accusing them of selling licenses to Cerence's text-to-speech technology without permission.
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May 06, 2025
Quarles & Brady Adds New IP, Real Estate Partners
Quarles & Brady LLP has welcomed a Milwaukee-based intellectual property litigator from Quinn Emanuel Urquhart & Sullivan LLP and a Phoenix-based real estate and public finance attorney from Ice Miller LLP.
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May 06, 2025
Fed. Circ. Asks What Law Applies For Sleep Drug Injunction
The Federal Circuit lifted an injunction Tuesday that had placed limits on Avadel CNS Pharmaceuticals' clinical trials for sleep disorder treatments, but sent the infringement case back to Delaware to determine whether a future injunction should be governed by the Hatch-Waxman Act.
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May 06, 2025
Apple Seeks Sanctions Against Winston & Strawn In App Suit
Apple has asked a California federal judge to sanction Winston & Strawn LLP and its client Musi Inc., arguing Monday they made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.
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May 06, 2025
Google Says DOJ's Monopoly Fixes Could Reveal 'Essential IP'
The head of Google's search engine warned a D.C. federal judge Tuesday that the U.S. Department of Justice's proposed data sharing mandates would allow rivals to clone nearly everything that makes up Google, dramatically changing the company's incentives to innovate and pulling away key resources.
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May 06, 2025
Cipriani Bellini Maker Says Drink Importer Copies Cocktail Dress
Cipriani Bellini maker Altunis and its U.S. licensee Bicobi Ltd. have sued alcohol importer Monsieur Touton Selection in New York federal court for allegedly infringing its trade dress by using an Altunis cocktail's seafoam green color bottle and package for its own products after Bicobi walked away from a distribution agreement.
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May 06, 2025
House OKs Economic Espionage Act Targeting Russia, China
The U.S. House of Representatives passed a bill that would give President Donald Trump the authority to sanction certain countries that support other foreign adversaries' military aims by providing trade secrets or proprietary information owned by American entities, in legislation crafted over Russia's purported reliance on technology from China.
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May 06, 2025
Fed. Circ. Suggests Sanctions In Shower Curtain IP Row
The Federal Circuit on Tuesday took issue with the word counts of filings from two companies fighting their almost $4 million loss in a suit that accused them of infringing intellectual property covering shower curtains.
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May 06, 2025
Haemonetics Sues Terumo Over Plasma Tech Patents
A Massachusetts-based developer of blood- and plasma-related medical technology has accused a Colorado-based competitor of infringing four of its plasma collection patents with two variations of a donation system that got approval from the U.S. Food and Drug Administration in 2022 and 2024.
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May 06, 2025
Mylan Agrees To Keep Nausea Generics Off Market Until 2032
Mylan Pharmaceuticals Inc. can enter the market in 2032 with a generic anti-nausea drug to compete with Heron Therapeutics Inc. products after the companies settled patent infringement litigation in Delaware federal court.
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May 06, 2025
Fed. Circ. Agrees Plane Taxability Patent Doesn't Fly
The Federal Circuit on Tuesday refused to revive an Ohio company's patent that covers using Federal Aviation Administration data to determine "the taxability status of aircraft," agreeing that it covered subject matter that isn't patentable.
Expert Analysis
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Notable 2024 Trademark Cases And What To Watch In 2025
Emerging disputes between established tech giants and smaller trademark holders promise to test the boundaries of trademark protection in 2025, following a 2024 marked with disputes in areas ranging from cybersquatting to geographic marks, says Danner Kline at Bradley Arant.
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.
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The State Of USPTO Rulemaking At The End Of Vidal's Term
As U.S. Patent and Trademark Office director, Kathi Vidal placed a particular emphasis on formal rulemaking — so as she returns to private practice this week, attorneys at Irell take stock of which of her proposals made it across the finish line, and where the rest stand on the cusp of a new administration.
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Examining Vidal's Guidance On PTAB Section 315 Time Bar
Last month's decision by outgoing U.S. Patent and Trademark Office Director Kathi Vidal in Luminex v. Signify addresses the Section 315 statutes that preclude institution of inter partes review proceedings after certain civil actions are filed, and is instructive as PTAB panels are likely to follow this approach going forward, says Amanda Wieker at McGuireWoods.
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What A Motorcycle IP Case Says About Parallel Int'l Litigation
A Texas federal court recently rejected an electric motorcycle manufacturer's attempt to dismiss a design patent suit in the U.S. and limit the litigation to China, illustrating the challenges in trying to counter a parallel litigation strategy, say attorneys at King & Wood.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Navigating The Minefield Of Patenting AI-Generated Inventions
For businesses and individuals trying to patent inventions partially developed with assistance from artificial intelligence — like software that's been coded by AI — recordkeeping and diligent documentation are of paramount importance when seeking patent protection, says Robert Plotkin at Blueshift IP.
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How Attorneys Can Master The Art Of Eye Contact At Trial
As a growing body of research confirms that eye contact facilitates communication and influences others, attorneys should follow a few pointers to maximize the power of eye contact during voir dire, witness preparation, direct examination and cross-examination, says trial consultant Noelle Nelson.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Nutraceutical Patent Insights As Market Heats Up
Companies entering the expanding nutraceutical market and seeking patents to protect their innovations should evaluate successful nutraceutical claim language and common patent challenges in this field, say attorneys at Sterne Kessler.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Nintendo Suit May Have Major Impact On Video Game Patents
If Nintendo and The Pokémon Co. win their patent infringement case in Japan against Pocketpair, the game developer behind Palworld, it could pose new challenges for independent game creators — but it could also encourage innovation, says Charles Morris at Marshall Gerstein.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.