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August 08, 2025
Fired Copyright Office Director Takes Fight For Job To DC Circ.
The ousted head of the U.S. Copyright Office brought the fight over President Donald Trump's termination of her to the D.C. Circuit on Thursday, where she asked for an emergency injunction to reinstate her while she challenges her "patently unlawful removal."
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August 08, 2025
MSN Calls On Full Fed. Circ. To Rethink Double Patenting Rule
MSN Laboratories urged the full Federal Circuit on Friday to reconsider a decision on when patents can be invalidated for double patenting, arguing in a Parkinson's disease drug case that the court has improperly limited the free use of expired patents and permitted harassing lawsuits.
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August 08, 2025
How Patent Attys Can Limit 'Skinny Label' Risks In Ads
The Federal Circuit has twice cited a company's marketing practices to allow arguments that a generic drug's "skinny label" could induce patent infringement, and here, Law360 offers tips on how patent attorneys can take a more active role in making sure company and client advertisements pass muster.
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August 08, 2025
USPTO Throws Out Over 52,000 TM Apps For Fraud Issues
The U.S. Patent and Trademark Office has thrown out tens of thousands of applications and registrations for trademarks prepared by a Chinese company that allegedly forged signatures and doled out legal advice despite not having the training to do so.
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August 08, 2025
Vape Maker Must Arbitrate Claims Of Distributor Misconduct
A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.
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August 08, 2025
George Clinton Fights Sanctions In Decades-Long IP Battle
Funk legend George Clinton has asked a Florida federal court to reject sanctions and lawsuit dismissal bids from music executive Armen Boladian, arguing that his copyright ownership complaint is not frivolous.
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August 08, 2025
GlaxoSmithKline Will Get $500M In CureVac-Pfizer Patent Deal
British pharmaceutical company GlaxoSmithKline said Friday it stands to make up to $500 million from settlements between German biotech companies CureVac and BioNTech after their legal disputes were squashed by a merger.
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August 08, 2025
Citing 'Seinfeld,' Nostalgic Judge Pares SmartSky Patent Suit
A federal judge pined for the pre-internet days of disconnectivity while flying and blamed two in-flight Wi-Fi companies for ushering that era's demise as he invalidated a claim in one of the patents in an infringement dispute between the two.
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August 08, 2025
Match Beats Rest Of British Telecommunications Patent Suit
Match.com has defeated the remainder of a lawsuit claiming it infringed a personal profile patent owned by British Telecommunications, saying the last claim at issue didn't pass either prong of the U.S. Supreme Court's Alice test.
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August 08, 2025
Fed. Circ. Undoes LG's $14M Trial Loss, Invalidating Patent
The Federal Circuit on Friday scrapped a $14 million judgment against LG Electronics Inc. for infringing a Mondis Technology Ltd. patent covering a computer display technology, deeming the patent invalid based on an inadequate written description.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Judge Tosses $150M Royalties Suit Against SiriusXM
A Manhattan federal judge has dismissed a suit against SiriusXM from a nonprofit royalty collector alleging $150 million in unpaid royalties, saying the dispute cannot be litigated under a certain section of the Copyright Act.
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August 08, 2025
Stewart Rejects 8 IPR Petitions While Overriding May Denial
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.
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August 08, 2025
Google Loses Bid To Send Patent Case From WDTX To Calif.
A Western District of Texas magistrate judge has refused to ship to California a lawsuit accusing Google of infringing patents covering ways to safely do financial transactions on a mobile device, finding the tech giant failed to show the Golden State was more convenient.
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August 08, 2025
Buchanan Ingersoll Hires Section 337 Leader From Polsinelli
Buchanan Ingersoll & Rooney PC has brought on as shareholder an international trade attorney from Polsinelli PC to lead its International Trade Commission Section 337 practice, the firm has announced.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.Â
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August 08, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the U.S. Securities and Exchange Commission target a British investor over a $10 million microcap fraud scheme, Merck Sharp & Dohme move against Halozyme Inc. following a recent clash over its patented cancer medicine, and Birmingham City Council sue a school minibus operator years after ending its contract over DBS check failures. Here, Law360 looks at these and other new claims in the U.K.Â
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August 07, 2025
Settlement Ends Lashify Patent Case After Fed. Circ. Ruling
Eyelash extension maker Lashify and a company it accused of patent infringement have reached a settlement, according to a Thursday filing at the U.S. International Trade Commission, after the Federal Circuit used the case to relax rules on filing suits at the ITC.
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August 07, 2025
9th Circ. Says Attys Can't Get $920K Fees For $8K Trial Win
The Ninth Circuit affirmed a lower court's decision Thursday to deny a request of over $920,000 in attorney fees from the creator of two strategic problem-solving charts following her jury trial win of $8,000 in a copyright infringement case, saying the district court property articulated the reasons for the denial.
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August 07, 2025
Fintiv Says Apple's 'Trojan Horse' Stole Mobile Wallet Tech
Fintiv Inc. upped the ante Wednesday in its mobile wallet technology litigation against Apple Inc., accusing it in a new lawsuit of "theft and racketeering of monumental proportions" just days after a Texas federal judge called off a looming patent trial between the companies.
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August 07, 2025
Music Publishers Denied Anthropic User Info In AI Case
A California federal judge on Thursday denied a request from music publishers for the names of people who used Anthropic PBC's generative text tool Claude to get copyrighted lyrics, saying she was not persuaded that production of personal third-party user information was needed for the infringement litigation.
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August 07, 2025
PTAB Knocks Out Nike Patent From $355K Trial Victory
A Nike footwear manufacturing patent at the heart of a $355,450 damages verdict in an infringement case against athletic apparel maker Lululemon is invalid, the Patent Trial and Appeal Board has found.
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August 07, 2025
NFL, Hall Of Fame Sued Over 'Gold Jacket' Trademark
The estate of the man who created the iconic Gold Jacket presented to NFL's Pro Football Hall of Fame inductees has sued the organization, the league and others in Florida federal court over allegedly infringing the trademark and trade dress of the blazer and other alumni-related marks.
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August 07, 2025
USPTO's Chief Information Officer Leaves Agency
The U.S. Patent and Trademark Office's chief information officer is departing the agency for a job in the private sector, and the deputy CIO is stepping up to fill the position, a spokesperson confirmed to Law360 on Thursday.
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August 07, 2025
BioNTech's Acquisition Of CureVac Ends COVID Vax Case
CureVac's case alleging Pfizer and BioNTech infringed patents related to messenger RNA technology is set to be dismissed after BioNTech announced in June that it would be acquiring CureVac, canceling what would have been the first-ever trial over COVID-19 vaccine patents in the U.S.
Expert Analysis
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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.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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Best Practices For Companies Integrating Existing IP With AI
Some copyright owners are exploring how they can make new content by combining their existing intellectual property assets with generative artificial intelligence, and although these initiatives can serve multiple business goals, those considering such practices should be aware they are entering largely uncharted waters, says Josh Weigensberg at Pryor Cashman.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Athletes Can Protect Their Signature Celebrations As IP
As copyright and trademark law adapts to short-form choreography and dynamic media, athletes and their business partners have new tools to protect the intellectual property embedded in their unique dances, poses and celebrations, say attorneys at Debevoise.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Vape IP Ruling Shows Stark Contrast Between ITC And Courts
The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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How The USPTO Might Find A Path Forward After Job Cuts
Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.
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As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks
Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.