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April 25, 2025
Samsung Owes $279M In Wireless Patent Suit, Jury Says
A Texas federal jury on Friday said Samsung owes nearly $279 million after finding the company infringed two wireless communications patents developed by Airgo Networks co-founder Greg Raleigh's later research outfit.
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April 25, 2025
PTAB Rejects Petition By Dell, HP, Lenovo Based On Fintiv
The Patent Trial and Appeal Board has shot down a bid from Dell, HP and Lenovo to review a data transmission patent, citing parallel litigation over the same patent.
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April 25, 2025
Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules
In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.
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April 25, 2025
Judge Says FDA Can Take Ozempic Off Shortage List
A Texas federal judge has sided with arguments from Ozempic maker Novo Nordisk A/S not to block the U.S. Food and Drug Administration from moving forward with an administrative decision stopping "unsafe, knockoff versions" of the blockbuster diabetes and weight loss drug from flooding the market.
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April 25, 2025
Meta Rival's Mobile Streaming Patent Suit Trimmed By Judge
A Washington federal judge has narrowed a lawsuit accusing Meta of stealing mobile streaming application patents from a competing social media platform, deeming some of the targeted concepts abstract and lacking explanation.
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April 25, 2025
Motive Cleared Of Infringement In Fleet Monitoring IP Trial
A California federal jury has cleared Motive Technologies of allegations that it infringed a series of fleet monitoring patents in a case where the presiding judge has ordered further briefing on any patent eligibility issues.
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April 25, 2025
Aggressive USPTO Policy Push Suggests 'It's Lutnick's Show'
U.S. Patent and Trademark Office acting Director Coke Morgan Stewart's three months in charge have featured an unprecedented level of policymaking for an interim leader, suggesting that Secretary of Commerce Howard Lutnick has a vision for the agency and he's not waiting for the U.S. Senate to confirm a new director to pursue it.
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April 25, 2025
Ozempic Maker Settles Infringement Claims With Atlanta Clinic
Novo Nordisk, the pharmaceutical manufacturer behind Ozempic and other weight loss drugs, said Friday it has reached a settlement to end a series of claims that a Georgia anti-aging clinic was using the company's name and reputation to sell off-brand versions of its treatments.
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April 25, 2025
Insulet's $452M Trade Secrets Award Reduced To $59.4M
A $452 million trade secrets jury award for Insulet Corp. has been cut to $59.4 million by a Massachusetts federal judge who said the reduction is necessary to avoid double recovery and to comply with the law, following a trend where courts have reduced large jury awards in trade secret cases.
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April 25, 2025
Houston Texans Accused Of Infringing Ticketing Patent
The Houston Texans are accused of infringing patented technology for a ticketing service that allows users to buy tickets for sporting events based on individual players' probability of appearing in a match.
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April 25, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen pub operator Stonegate sue insurance broker Marsh, a human rights lawyer sued for defamation by Russian businessman Ovik Mkrtchyan, and British toy-maker The Character Group reignite an employment dispute with a former finance director. Here, Law360 looks at these and other new claims in the U.K.
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April 24, 2025
DC Comics Gets Judge To Toss Superman IP Suit
A New York federal judge on Thursday tossed a copyright infringement suit that a nephew of late Superman co-creator Joseph Shuster lodged against DC Comics on behalf of his uncle's estate ahead of a July film release on the iconic superhero, saying the court lacked jurisdiction over the case.
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April 24, 2025
PCMag, Mashable Publisher Latest To Sue OpenAI Over IP
Ziff Davis, the publisher behind digital publications like PCMag, Mashable and Everyday Health, on Thursday became the latest media company to launch a lawsuit accusing OpenAI of ripping off copyrighted content to train its artificial intelligence products.
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April 24, 2025
DC Circ. Fears Newman Atty Would Impeach Disabled Judges
The attorney fighting Federal Circuit Judge Pauline Newman's suspension alarmed the D.C. Circuit on Thursday when he argued that judges can only have their work taken from them if they voluntarily resign or are impeached.
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April 24, 2025
Samsung Wants Acting USPTO Director To Eye PTAB Denials
Samsung has asked the U.S. Patent and Trademark Office's acting director to review several discretionary denial decisions from the patent board, arguing that the rulings were unfair because they came down "the very same day" the patent office changed how those rulings are supposed to be evaluated.
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April 24, 2025
Houston Law Firm Settles Firefighter Photo Copyright Dispute
A photographer suing a Houston personal injury law firm over using a photo of a firefighter without allegedly paying for it said Thursday that the parties have agreed to settle the case.
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April 24, 2025
AI Patents Face Eligibility Hurdles After 1st Fed. Circ. Case
The Federal Circuit's first-ever patent eligibility decision involving machine learning made clear that using artificial intelligence technology to make a task faster or more efficient is not sufficient, while leaving uncertainty about what type of technical improvements would pass muster, attorneys say.
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April 24, 2025
Ex-Curaleaf Director Escapes Suit Over Info Sharing, For Now
A Colorado federal judge dismissed, for now, allegations that the former operations director of Curaleaf Inc. violated a confidentiality agreement and shared information with a onetime business partner, ruling Thursday the court lacked jurisdiction since the defendant didn't live in the state, rarely traveled to the state and worked remotely.
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April 24, 2025
Samsung, Google PTAB Challenges Denied Due To EDTX Trial
The Patent Trial and Appeal Board shot down requests from Google and Samsung to review a pair of voice command patents, pointing out that a trial is set for later this year in parallel infringement litigation against Samsung.
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April 24, 2025
Judge's Order For More Changes Puts NCAA Deal In Jeopardy
The California federal judge overseeing the $2.78 billion settlement between the NCAA and college athletes seeking compensation remained unsatisfied with the NCAA's insistence on roster limits she considers unfair to class members, so much so that she gave the sides two weeks to resolve the issue or risk having the settlement tossed and sent back to litigation.
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April 24, 2025
Fed. Circ. Won't Let Fortnite Maker Run Back PTAB Fights
Epic Games failed to persuade a Federal Circuit panel on Thursday to undo the patent board's rejection of the video game company's efforts to invalidate patents that Fortnite's in-game communication programs were accused of infringing.
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April 24, 2025
Fed. Circ. Dunks Appeal Over Swimming Pool Design Patent
The Federal Circuit on Thursday refused to revive allegations that Latham Pool Products infringed a swimming pool design patent, affirming a Tennessee federal court's finding that the patented design and the accused pool were clearly distinct.
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April 24, 2025
Fed. Circ. Backs Samsung Win In Power Converter IP Fight
The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's decision that two patents related to voltage switching power converters are invalid, handing a win to challengers including Samsung and Dell.
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April 24, 2025
NY IP Lawyer Failed To Pay PPP Loans, Philly Bank Says
A Syracuse, New York, patent lawyer who maintains a whimsical, rainbow-filled website has been sued by a Philadelphia-based bank for allegedly not paying back a nearly $15,000 Paycheck Protection Program loan he received through the bank.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
Expert Analysis
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Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights
A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.
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OpenAI's Patent Pledge Is Not All It Seems
A recent statement that OpenAI won't assert its own patents is more of an aspiration than an obligation, and should prompt practitioners to think deeply about the underlying legal mechanisms of patent and contract law when determining the effectiveness of similar nonassertion pledges, say attorneys at McDonnell Boehnen.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How AstraZeneca Ruling Could Change Dosage Patent Claims
If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.
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Bid Protest Spotlight: Unclear Criteria, Data Rights, Conflicts
Liam Bowers at MoFo examines three recent decisions from the U.S. Government Accountability Office and the U.S. Court of Federal Claims examining the use of unstated evaluation criteria, an agency's investigation of its own data rights and unequal access to information about an organizational conflict of interest.
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Failed W.Va. Patent Challenge Reveals Secret Prior Art's Risks
A West Virginia federal court's recent ruling — that references used by a patent challenger to establish an ordinarily skilled artisan's existing knowledge must be published before a patent's filing — may discourage claim construction challenges based on secret prior art and steer drafters away from externally defined terms, says Brianna Potter at Baker Botts.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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TM Suit Over Google AI Name Points To New Branding Issues
Gemini Data’s recent lawsuit in California federal court alleging Google’s rebranded artificial intelligence chatbot stole its name may have broader implications for the scope of trademark rights for AI-related products and highlights that an evolving marketplace may force companies to recalibrate how they protect their brands, say attorneys at ArentFox Schiff.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.
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How Patent Landscape Analysis Drives Business Growth
Keegan Caldwell at Caldwell Law explores how patent landscape analysis serves as a key driver of sustainable growth — examining how its components, strategic advantages and implementation best practices are reshaping innovation leadership.
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Marching In On Orange Book Drugs May Have Limited Effect
Statistical analysis shows that marching in on Orange Book drug patent holders to require additional licensees would have a relatively minimal impact on drug prices, and should be weighed against the harms it could have on pharmaceutical innovation, say researchers at Competition Dynamics.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.