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September 23, 2025
Judge Slams Hogan Estate's Standing For Sex Tape Film Suit
A Florida federal judge who dissolved an order blocking the release of a documentary that features excerpts of Hulk Hogan's sex tape faulted representatives of his estate for bringing the lawsuit before being authorized to do so, while also saying their copyright claim might fail because of fair use.
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September 23, 2025
Minnesota's Deepfake Crackdown Foreshadows Legal Clashes
Minnesota's law cracking down on deepfake videos aimed at influencing elections has drawn separate court challenges to stop its enforcement, including one by X Corp., offering a glimpse into the hurdles other states and Congress may face as they address the proliferation of digital replicas created with artificial intelligence.
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September 23, 2025
Admin Argues Copyright Chief Seeks 'Sweeping Remedies'
The Trump administration told a D.C. federal court that it had the authority to remove Shira Perlmutter as head of the U.S. Copyright Office, saying her suit over her firing seeks "sweeping remedies" she isn't entitled to.
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September 23, 2025
Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.
An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.
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September 23, 2025
Cannabis Fertilizer Cos. Say They've Made Peace In TM Case
Rival fertilizer-makers Athena AG Inc. and Advanced Nutrients US LLC have reached a tentative deal to end a trademark dispute involving their cannabis-focused products, the companies told a federal judge in Washington just days after the court cleared the case for trial.
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September 22, 2025
4th Jury Will Consider MGA, T.I.'s OMG Doll Dispute
A California federal judge who tossed a jury's $53.6 million punitive damages award against MGA Entertainment for willfully infringing the trade dress of a pop group co-owned by hip hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris said Monday he would order a new jury to consider whether to award punitive damages.
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September 22, 2025
Judge Gets More Details On Proposed $1.5B Anthropic IP Deal
Authors who have inked a proposed $1.5 billion deal to end their copyright class action against artificial intelligence developer Anthropic PBC are saying they have worked out all the issues a California federal judge pointed out when he initially declined to give the deal approval.
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September 22, 2025
Intel, Apple Hit With Patent Suit Over Transceiver Tech
A company that makes transceiver technology hit tech giants Apple and Intel with patent infringement claims, alleging that Intel has known of the protected technology for years but manufactured transceivers for Apple that were used in multiple generations of iPhones.
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September 22, 2025
Newman Urges Full DC Circ. To Let Judges Sue Their Courts
U.S. Circuit Judge Pauline Newman has invoked a D.C. Circuit panel's "implicit invitation" for the full court to reconsider precedent limiting the rights of disciplined judges, as she continues to fight her suspension.
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September 22, 2025
Lighting Patent Case Against Warner Bros., Sony Stays Alive
A Delaware federal court has refused to let entertainment industry titans Warner Bros. Entertainment, Sony Pictures Entertainment and Fox Corp. dodge a suit claiming they infringed various lighting patents, but agreed to trim some of the case.
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September 22, 2025
Judge Tosses TM Suit Over Doctored Photo Of Protesters
A North Carolina federal judge has dismissed a trademark infringement suit, some of it permanently, alleging a restaurant altered a picture of a group of drag show protesters into an image promoting the event and the venue's food, ruling that images of the protesters are not marks.
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September 22, 2025
Stewart Wants More Info On Nixed Chip Patent In $11M Verdict
The deputy director of the U.S. Patent and Trademark Office has issued an order allowing a company to challenge a Patent Trial and Appeal Board ruling that invalidated a claim in its semiconductor patent, citing a contrary result in federal district court litigation.
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September 22, 2025
Hasbro Faces Copyright Suit Over Star Wars Helmet Inserts
Hasbro Inc. was sued in Georgia federal court by a hobbyist who alleges a line of inserts and liners the company makes for its Star Wars-themed helmets infringe his copyright for inserts and liners he creates for fan-made helmets.
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September 22, 2025
Social Media Co. Calls For Disqualification Of Influencer's Atty
A social media optimization company has moved to disqualify a social media influencer's attorney from a copyright infringement suit in Texas federal court, saying attorneys from the same firm had previously met with the company in meetings where confidential information was discussed.
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September 22, 2025
Pa. Court Backs Toss Of Malpractice Suit Against NY Atty
A Pennsylvania appellate court won't revive a paint removal chemical company's malpractice suit against an intellectual property attorney it had hired to review one of its products, saying there weren't enough ties to the commonwealth for the case to proceed there.
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September 19, 2025
Stewart Issues Mixed Bag Of Referrals, Denied Petitions
Coke Morgan Stewart issued some of her final decisions as acting director of the U.S. Patent and Trademark Office, discretionarily denying a host of petitions for Patent Trial and Appeal Board review, while also referring a group of Apple Inc.'s petitions to the board for scrutiny.
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September 19, 2025
Squires Confirmation Has Patent Attys Hoping For Stability
Now that the U.S. Senate has confirmed John Squires to serve as director of the U.S. Patent and Trademark Office, attorneys are looking for him to provide clear rules and consistent practices, saying the current requirements keep changing.
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September 19, 2025
Call For Gov't Cut Of University Patent Cash Spurs Concern
Commerce Secretary Howard Lutnick's comments that the government should get as much as half of the revenue that universities generate from patents developed with federal funding have caused worry among industry groups and attorneys, who say it would inhibit efforts to commercialize publicly funded inventions.
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September 19, 2025
PTAB Invalidates Johns Hopkins Patent In Keytruda Fight
The Patent Trial and Appeal Board has invalidated an anti-cancer therapy patent owned by Johns Hopkins University, handing a win to challenger Merck Sharp & Dohme LLC in a larger fight relating to Merck's Keytruda treatment.
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September 19, 2025
AmEx Trounces Rewards Programs Patent Infringement Suit
A New York federal judge has rejected for now a company's case accusing American Express of infringing a pair of patents covering loyalty and rewards programs, finding that the financial services giant's programs aren't doing what's covered in the asserted patent claims.
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September 19, 2025
Meta Says Eminem Publishers' Copyright Suit Lacks Specifics
Meta Platforms has moved to dismiss a copyright lawsuit from Eminem's music publishers that accuses the major social media company of infringing the rapper's songs on Facebook, Instagram and WhatsApp, saying "the complaint is long on rhetoric" but "remarkably short on specifics."
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September 19, 2025
DC Judge Cuts Proud Boys Atty's Bill To Researcher
A D.C. federal judge reduced the amount an attorney who represented Proud Boys members in their Jan. 6 criminal trial owes to a researcher who sued him over unpaid work, dropping a jury's award of $77,000 to just $30,000.
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September 19, 2025
'Drop' Maker Blumhouse Accused Of Ripping Off Horror Script
RG Media Properties sued Los Angeles horror filmmaker Blumhouse Productions in California federal court alleging that the production company's 2025 film "Drop" infringes the copyright for the script "Table 18," which the suit says tells the same tale of a first date that devolves into a violent hostage situation.
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September 19, 2025
Moderna Wants Fed. Circ. Reversal Of Vax Patent Invalidation
Moderna has told the Federal Circuit that the Patent Trial and Appeal Board got it wrong when it found that the success of the inventions behind two of its COVID-19 vaccine patents challenged by Pfizer and BioNTech didn't outweigh the evidence they were invalid as obvious.
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September 19, 2025
Prince's Estate Seeks To Toss 'Purple Rain' Star's TM Suit
The estate of pop icon Prince has asked a California federal judge to dismiss a trademark complaint from the late musician's co-star in the movie "Purple Rain" over the name "Apollonia," saying the court does not have subject matter jurisdiction over a dispute that's also playing out at the Trademark Trial and Appeal Board.
Expert Analysis
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IP Due Diligence Tips For AI Assets In M&A Transactions
Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Opinion
New USPTO Leadership Must Address Low-Quality Patents
With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.
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Opinion
High Court Must Overrule Outdated Patent Eligibility Doctrine
A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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The State Of AI Adoption In The Patent Field
The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues
The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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IRhythm IPR Denial Raises Key PTAB Discretion Questions
By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.
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Opinion
IPR Denial In IRhythm Should Not Set A Blanket Rule
Though the Patent Trial and Appeal Board's discretionary denial in iRhythm v. Welch Allyn last month raised concerns that mere knowledge of a patent could bar inter partes review institution, a closer look at the facts and reasoning reveals why this case's holdings should not be reflexively applied to all petitioners, says David McCombs at Haynes Boone.