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May 01, 2025
'Open AI' TM Fight Should Go To Trial, Website Owner Says
Open Artificial Intelligence said key questions in a trademark dispute with OpenAI should go before a jury, arguing there were too many factual issues for the ChatGPT developer聽to obtain a ruling in its favor聽in the fight.
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May 01, 2025
US Tells Justices Telemedicine Case Isn't Ideal For Eligibility
The Justice Department is urging the U.S. Supreme Court to reject a petition over the eligibility of telemedicine patents it's accused of infringing, but it said that if the petition is granted, it plans to argue the patents shouldn't have been invalidated as abstract.
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May 01, 2025
TM Dispute Over Flag Football's Governing Body Stays Alive
A Texas federal judge on Thursday shot down USA Football's bid to escape claims from USA Flag in a simmering feud over the national leadership of flag football within the U.S., saying there are many factual issues that need to be put in the hands of a jury.
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May 01, 2025
Hair, Makeup, Legal: The Lawyering Behind The Met Gala
While the red carpet arrivals of the biggest names in the entertainment industry are sure to win the most attention at the Met Gala on Monday, attorneys also play a significant role in advising the brands and celebrities at the center of fashion's biggest night.
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May 01, 2025
Frida Kahlo Co. Tries To Revive Suit Against Kahlo Family
A company that claims to own various Frida Kahlo trademarks urged the Eleventh Circuit on Thursday to revive its lawsuit against Kahlo's family over cease-and-desist letters the family sent to partners in exhibitions of the Mexican artist's work that the company says interfered with its business.
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May 01, 2025
11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict
The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.
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May 01, 2025
BBB National Programs Division VP Joins Simpson Thacher
Simpson Thacher & Bartlett LLP announced Thursday that it has hired the former vice president of BBB National Programs Inc.'s National Advertising Division to lead its advertising advisory and litigation practice.
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May 01, 2025
Baking Co. Burned For Revealing Recipe After IP Trial Loss
A Pennsylvania federal judge had strong words of warning Wednesday for Bundy Baking Solutions, a baking products company that lost a jury trial over a rival's trade secrets and responded to a motion for a permanent ban by allegedly disclosing some of those same secrets on a public docket.
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April 30, 2025
Netflix Hits Broadcom With Another Cloud Patent Suit
Netflix expanded its patent infringement dispute with Broadcom and one of its recently acquired entities in California federal court, accusing them of selling products that leverage patented technology for keeping online services running smoothly, managing computer networks and syncing time between devices.
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April 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.
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April 30, 2025
Judge Keeps Pfizer Foe's COVID Vaccine Patent Case Alive
The chief judge for the Delaware federal court has turned down a bid from Pfizer and BioNTech to invalidate patent claims asserted against their blockbuster COVID-19 vaccine, in a case set to go before a jury later this year.
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April 30, 2025
Del. Judge Won't Let MSN Fight Entresto Orange Book Entry
A Delaware federal judge has shot down MSN Pharmaceuticals Inc.'s attempt to get its generic version of Novartis' blockbuster cardiovascular drug Entresto on the market immediately by removing the branded-drug maker's patent from a federal database.
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April 30, 2025
Fed. Circ. Upholds PayPal, Apple Patent Wins Over Fintiv Inc.
PayPal Holdings Inc. successfully persuaded the Federal Circuit on Wednesday to uphold the invalidation of聽Fintiv Inc. mobile wallet patents it's accused of infringing, which then led to Apple Inc. beating a related appeal.聽
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April 30, 2025
SC Judge Tosses Suit In Bed Trademark Dispute
A South Carolina federal judge has thrown out a suit from American Serleep seeking a declaration that it never infringed any trademark of rival Purple Innovation, saying the Palmetto State isn't the right place for the case.
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April 30, 2025
Google's Sanctions Bid In Patent Case Rejected By Judge
A New York federal judge has shot down Google's bid for sanctions of a location tracking patent owner in litigation accusing the search engine giant of infringement, calling the request "unnecessary."
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April 30, 2025
Akoustis Gets OK For $30M Sale To SpaceX Subsidiary
A Delaware bankruptcy judge has approved a $30 million sale of some of the assets of radio frequency filter maker Akoustis Technologies to a SpaceX subsidiary after the debtor reached an agreement with a competitor that had concerns about trade secrets possibly being sold.
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April 30, 2025
Space Org. Avoids Charges After Helping In China Export Case
The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct.聽
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April 30, 2025
Google Cements Win In Image Data Patent Fight At Fed. Circ.
A patent licensing company suing Google over patents covering image quality data failed to convince Federal Circuit judges on Wednesday that those claims do more than "organize, alter, or manipulate data."
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April 30, 2025
DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.
Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.
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April 30, 2025
PTAB Axes AbbVie Unit's Cancer Drug Patent As Invalid
The Patent Trial and Appeal Board has found claims in a patent owned by AbbVie's Pharmacyclics unit related to its cancer drug Imbruvica were invalid, the latest in a larger intellectual property fight with BeiGene.
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April 30, 2025
Lego Says Toy Co.'s Tiny Figurines Are Big IP Infringement
Lego sued Veux Toys LLC in Connecticut federal court Tuesday, seeking to block the California-based toy retailer from selling figurines that are "substantially similar" to its copyrighted products, such as Spider-Man toy men.
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April 30, 2025
Cahill Gordon Adds King & Spalding IP Litigation Trio In DC
Cahill Gordon & Reindel LLP has added a three-partner intellectual property group from King & Spalding LLP for its new technology IP litigation practice in Washington, D.C., the firm said Wednesday.
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April 30, 2025
Foley & Lardner Adds 5 IP Attys From Perkins Coie, K&L Gates
Foley & Lardner LLP is expanding its intellectual property team in California, announcing Wednesday the addition of five IP attorneys 鈥 four from Perkins Coie LLP in San Diego and one from K&L Gates LLP in San Francisco.
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April 30, 2025
NBA Looks To Keep Knockoff Sales At Bay Amid IP Suit
The NBA's licensing arm has asked an Illinois federal judge to extend聽a ban on the illicit sales of counterfeit goods while freezing the assets of alleged culprits, saying without this, defendants in a copyright infringement suit聽may attempt to move their money to offshore accounts.
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April 30, 2025
Boston Lab Says Exec Took Trade Secrets To Rival
An executive departing a Boston contract research lab allegedly downloaded confidential and proprietary documents before he left to join a competing business in a move that breached his noncompete contract, according to a trade secrets lawsuit filed Tuesday in Massachusetts federal court.
Expert Analysis
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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 鈥 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聽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 鈥 from changes in the C-suite to lateral move challenges 鈥 providing clues for what鈥檚 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聽鈥 like software that's been coded by AI 鈥 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聽at聽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鈥檚 market, with the average candidate demanding less compensation for a larger book of business 鈥 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 Pok茅mon Co. win their patent infringement case in Japan against Pocketpair, the game developer behind Palworld, it could pose new challenges for independent game creators 鈥 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 鈥 where they become a deer in headlights, agreeing with opposing counsel鈥檚 questions and damaging their credibility in the process 鈥 but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a 鈥渟liding scale鈥 approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Netflix Dispute May Alter 'Source' In TM Fair-Use Analysis
鈥婽he Ninth Circuit鈥檚 upcoming decision in Hara v. Netflix鈥, about what it means to be source-identifying鈥, could change how the Rogers defense protects expressive works that utilize trademarks in a creative fashion, says Sara Gold at Gold IP.