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June 09, 2025
Edwards Can't Get Fed. Circ. To Overrule PTAB Amendments
The Patent Trial and Appeal Board rightly held that amended claims of a Cardiovalve Ltd. heart valve implant aren't invalid, the Federal Circuit affirmed Monday.
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June 09, 2025
Fitch Even's Ex-IP Client Wants Firm's Patent Suit Tossed
Prenatal-Hope Inc. and its chief executive officer are asking an Illinois federal judge to dismiss a suit in which law firm Fitch Even Tabin & Flannery LLP seeks a declaration that the CEO isn't the inventor behind a prenatal test patent.
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June 09, 2025
Sheppard Mullin Adds Perkins Coie IP Trio In DC, Chicago
Three Perkins Coie LLP intellectual property partners with deep experience representing clients in the pharmaceutical, biotechnology and related industries have jumped to Sheppard Mullin Richter & Hampton LLP.
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June 09, 2025
Alibaba Wants Patent Suit Axed Over Atty's 'Extreme' Conduct
Cloud products and services company Alibaba Cloud US LLC has moved to dismiss a patent suit against it by Cooperative Entertainment Inc. as a sanction for "extreme" conduct by its attorney, which continued after he was referred to a disciplinary committee.
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June 09, 2025
Husch Blackwell Hires 5 Quarles & Brady Life Sciences Pros
Amid its efforts to grow in the life sciences space, Husch Blackwell LLP announced Monday that it has brought on three lawyers and two non-attorney professionals from Quarles & Brady LLP.
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June 09, 2025
TTAB Precedent Bars 'Repeats And Restates' Tactic In Appeals
The Trademark Trial and Appeal Board has rejected an application to register Princeton Equity Group for financial services, deeming the mark geographically descriptive in a precedential opinion warning applicants that arguments incorporated by reference in appeals will be considered forfeited in the future.
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June 08, 2025
Judge Approves NCAA's $2.8B Athlete Revenue Settlement
The NCAA's $2.78 billion class action settlement that will for the first time provide for revenue sharing with college athletes was given final approval late Friday by a California federal judge.
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June 06, 2025
High Court Says Software Glitch Led To Early Order List Drop
An "apparent software malfunction" caused the U.S. Supreme Court's order list to be issued early Friday, orders in which the justices granted certiorari in four cases and refused to take up a long list of other ones, including cases centered on Pennsylvania's election system and the Obama Presidential Center.
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June 06, 2025
Patent Office Leader Rejects IPRs Based On 12-Year Wait
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart on Friday turned away a series of challenges to Welch Allyn Inc.'s heart monitor patents, determining petitioner iRhythm Technologies Inc. should have disputed them much earlier.
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June 06, 2025
T.I., Tiny Urge Judge To Prevent 4th Trial In $71M Doll Row
Clifford "T.I." Harris and Tameka "Tiny" Harris have urged a California federal judge to reject MGA Entertainment's motion to reverse a jury's $71.4 million verdict finding the company infringed the trade dress and publicity rights of the OMG Girlz pop group, saying the rehashed arguments fall flat.
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June 06, 2025
Justices Reject Eligibility Appeal On Telemedicine Patents
The U.S. Supreme Court declined Friday to review a decision that telemedicine patents asserted against the U.S. government are invalid for claiming only abstract ideas, in the court's latest refusal to reconsider the standard for determining if inventions are eligible for patents.
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June 06, 2025
Pharma Co. Trade Secrets Case Stays In Fla. Despite HQ Move
A Florida federal judge on Friday denied a bid to toss a pharmaceutical company's lawsuit accusing a rival of stealing trade secrets because its headquarters moved to the Sunshine State after its initial complaint, saying there was "complete diversity at the time of filing of action."
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June 06, 2025
Samsung Hits TCL With Smartphone Display Patent Suit
Samsung has sued Chinese smartphone maker TCL and others in Texas federal court, accusing the companies of infringing three patents on OLED display technology.Â
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June 06, 2025
Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita
A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.
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June 06, 2025
Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award
A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.
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June 06, 2025
Stewart Says PTAB Should 'Never' Cancel IP As A Sanction
The acting director of the U.S. Patent and Trademark Office revived Longhorn Vaccines & Diagnostics LLC patent claims on Thursday that her predecessor had invalidated to punish Longhorn for misconduct.
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June 06, 2025
Exelixis Escapes Cancer Drug Invalidity Bid At PTAB
Exelixis has beaten back a challenge to one of its patents covering the blockbuster drug Cabometyx after the Patent Trial and Appeal Board denied Azurity Pharmaceuticals' request to review the patent.
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June 06, 2025
X Corp., Music Publishers Say They Want To Settle IP Suit
A copyright dispute between music publishers and X Corp. is heading toward a potential settlement, with both sides on Friday asking a Tennessee federal judge to stay proceedings for 90 days so they can participate in negotiations.
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June 06, 2025
Stewart To Review PTAB Refusal To Ax TikTok IPRs
The acting head of the U.S. Patent and Trademark Office will review a decision by the Patent Trial and Appeal Board refusing to throw out TikTok's bids to invalidate a series of patents related to publishing multimedia content.
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June 06, 2025
Expert Witness Biz Says Ex-Worker Stole Trade Secrets
Litili, a company that connects expert witnesses to attorneys working on civil cases, has brought a lawsuit in California state court against its former account representative, alleging she took the firm's confidential proprietary business information and used it in her new role at a competing business.
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June 06, 2025
Honeywell Says 'Patent Troll' Trying To Extort Settlement
Honeywell is taking aim at a Canadian company that has allegedly pursued nearly 200 infringement lawsuits against various businesses based on the same five patents, saying in a federal complaint that the company is trying to scheme its way into a settlement.
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June 06, 2025
OpenAI CEO Calls NYT's ChatGPT Log Demand 'Inappropriate'
OpenAI CEO Sam Altman and his company have said they intend to appeal a Manhattan federal court order mandating the preservation of ChatGPT logs at the request of The New York Times and other news agencies in ongoing copyright infringement litigation, saying the demand goes too far.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 06, 2025
Payment Co. Faces Claims For 'Shockingly Easy' Data Access
Payment systems company Fiserv Inc. got hit with a data security suit by a credit union that claims its online banking platform is full of security flaws the company has known about for years and that allow "shockingly easy" attacks by cybercriminals.
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June 06, 2025
Greenberg Traurig Adds Perkins Coie Tech Transactions Pro
Greenberg Traurig LLP is expanding its technology team, bringing in a Perkins Coie LLP transactions whiz as a shareholder in its San Diego office.
Expert Analysis
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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.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.