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  • May 23, 2025

    Stewart Upholds Order Despite Claim Of 'Director Shopping'

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart is standing by her decision to allow Greenthread LLC to review whether one of the companies challenging its chip patents, Semiconductor Components Industries, has ties to Intel.

  • May 23, 2025

    Westlaw AI Win Right But Appellate Review Wise, Judge Says

    A Delaware federal judge Friday voiced confidence in his ruling that tech startup Ross Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, but explained that granting interlocutory appeal on two questions will help resolve the case more efficiently.

  • May 23, 2025

    Fed. Circ. Dings PTAB Decision Upholding X-Ray Patent

    The Federal Circuit on Friday reversed a Patent Trial and Appeal Board ruling that claims in an X-ray patent aren't invalid as anticipated, concluding that the board's claim construction in the matter was incorrect, even though the board denied that it was construing any claims.

  • May 23, 2025

    Ohio Pest Co. Says Ex-Director Is Unfairly Competing

    An Ohio-based pest control company took a former regional director of operations to federal court, claiming he formed his own pest control firm in violation of his noncompete agreement and is unfairly cutting in on the company's business.

  • May 23, 2025

    LG Cleared By Jury In Smart TV Patent Case In East Texas

    A federal jury in Texas on Friday cleared LG Electronics of allegations that it infringed various Multimedia Technologies Pte. Ltd. smart television patents, while also finding that the patents were invalid.

  • May 23, 2025

    IP Notebook: Trump's AI Plan, ChatGPT Logs, Dewberry Cited

    In this round of emerging issues in copyright and trademark law, Law360 takes a closer look at comments submitted to the National Science Foundation and other federal agencies to create an Artificial Intelligence Action Plan as part of an executive order from President Donald Trump.

  • May 23, 2025

    2nd Circ. Says Judge Misapplied Fair Use In Copyright Case

    A Manhattan federal judge misunderstood the fair use doctrine when she dismissed a photographer's copyright lawsuit against a website that published one of her images, the Second Circuit said in a Friday ruling that directed the lower court to enter judgment in favor of the plaintiff.

  • May 23, 2025

    NY Judge Won't Rethink Sanctions Against Chinese Tech Co.

    A New York federal judge has refused to reconsider a prior ruling that partially sanctioned a Chinese video technology company and its U.S. distributor that are both embroiled in a rival's trade secrets suit.

  • May 23, 2025

    My So-Called Retirement: Some IP Lawyers Just Can't Quit

    When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.

  • May 23, 2025

    Fed. Circ. Partly Revives Allstate Challenge To Tech Patent

    The Federal Circuit on Friday threw out the Patent Trial and Appeal Board's finding that Allstate failed to show the invalidity of two claims in a patent on cellphone sensors that can tell if a vehicle has accelerated or crashed, telling the board to take another look.

  • May 23, 2025

    AIG, Insurance Startup Resolve Trade Secrets Feud

    American International Group Inc. has settled and permanently dismissed its trade secrets lawsuit brought in New Jersey federal court against an insurance startup that was created by former senior executives at AIG.

  • May 23, 2025

    Off The Bench: Tennis Officials, NCAA Stay On The Defensive

    In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.

  • May 23, 2025

    Insulet Foe Rips $30M Atty Fee Ask As 'Over-Lawyered'

    A South Korean medical device maker told a Massachusetts federal judge that rival Insulet's request for $30 million in attorney fees following a $60 million trade secrets judgment should be denied, calling that amount "exorbitant" and saying Insulet "consistently over-lawyered disputes."

  • May 23, 2025

    Switchblade Maker Claims Competitor Infringed Lock Patent

    The makers of a switchblade knife featured in a "John Wick" movie claim a competitor copied their patented design for keeping the blade from wiggling or rattling, according to a federal lawsuit filed in Pennsylvania.

  • May 22, 2025

    Copyright Director Sues Trump Over 'Blatantly Unlawful' Firing

    The recently fired director of the U.S. Copyright Office sued the Trump administration over the "blatantly unlawful" attempts to remove her, asking a Washington, D.C., federal judge Thursday to block her removal and stop the acting librarian of Congress installed by the president from making leadership decisions.

  • May 22, 2025

    Fed. Circ. Ruling Will Spark More Patent Damages Fights

    The full Federal Circuit's decision Wednesday ordering a new trial in a patent case against Google LLC and finding the plaintiff's damages expert unreliable is likely to lead to greater scrutiny of patent damages testimony and more attempts to get it thrown out, attorneys say.

  • May 22, 2025

    Training LLMs Is OK, Pirating Isn't: Anthropic Judge Tips Hand

    A California federal judge considering writers' copyright suit against Anthropic indicated Thursday that he thinks training its LLM with copyrighted works is fair use, but said plaintiffs can likely pursue claims that the AI startup infringed by obtaining those training materials from pirating websites instead of buying them.

  • May 22, 2025

    Source Code Inventor Hits Wellness Tech Co. With IP Suit

    The developer of source code that uses "structured energy patterns, photonic collision and dynamic linguistic displays" as a medical treatment accused a Las Vegas wellness technology company Thursday of infringing his code's copyright and reaping more than $100 million in sales as a result.

  • May 22, 2025

    Fed. Circ. Backs Pfizer Win Against Gene Therapy Patents

    The Federal Circuit on Thursday sided with the Patent Trial and Appeal Board's findings that a pair of patents covering a new kind of experimental gene therapy to treat hemophilia were invalid, handing a win to patent challenger Pfizer.

  • May 22, 2025

    EscapeX Says No Further Sanctions Needed In Google Fight

    EscapeX IP has said a New York federal court shouldn't sanction the company and its law firm, Ramey LLP, under its inherent power in a voluntarily dismissed patent infringement lawsuit against Google.

  • May 22, 2025

    EpiPen Direct Buyers, Mylan Get Final OK On Antitrust Deal

    Mylan Pharmaceuticals' $73.5 million settlement with a class of direct EpiPen buyers has received final approval from a Kansas federal judge, closing out claims from institutional drug resellers that Mylan worked with Pfizer to forestall an EpiPen generic from hitting the market and artificially inflating prices for the emergency injectable.

  • May 22, 2025

    Rolex Accuses ATL Jewelers Of Knockoff Watch Sales

    Luxury watchmaker Rolex filed a lawsuit Wednesday against two Atlanta jewelry stores, alleging the stores have violated Rolex's trademarks by restoring old second-hand watches with new bling and passing them off as genuine.

  • May 22, 2025

    Isaac Hayes Estate Seeks Clarification In Trump Copyright Suit

    The estate of deceased soul singer and songwriter Isaac Hayes and its related company asked a Georgia federal court on Thursday to clarify or reconsider its order dismissing several claims from their copyright infringement suit against President Donald Trump and his 2024 campaign.

  • May 22, 2025

    Susman Godfrey Partner To Lead News Orgs In OpenAI MDL

    A Susman Godfrey LLP heavy-hitter who helped orchestrate a $787 million settlement in Dominion Voting Systems' defamation suit against Fox News will lead news organizations in their potentially big-dollar copyright claims against Microsoft and OpenAI, a Manhattan federal judge heard Thursday.

  • May 22, 2025

    Beastie Boys Settle 'Sabotage' IP Suit With Chili's Owner

    The Beastie Boys have reached a settlement in their copyright infringement suit in New York federal court against Chili's owner Brinker International Inc., which was accused of using one of the rap group's songs, "Sabotage," in social media marketing without permission.

Expert Analysis

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Maintaining Legal Compliance For GenAI In Life Sciences

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    As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.

  • Trending At The PTAB: The Influence Of Litigation Arguments

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    Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • Opinion

    UK Court Of Appeal's FRAND Ruling Is Troubling

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    The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.

  • Opinion

    Int'l Athletes' Wages Should Be On-Campus Employment

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    The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Adapting To PTAB's Reembracing Of Discretionary Denials

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    Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • 4 Ways To Leverage A Jury's Underdog Perceptions

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    Counsel should consider how common factors that speak to their client's size, power, past challenges and alignment with jurors can be presented to try and paint their client as a sympathetic underdog, says Ken Broda-Bahm at Persuasion Strategies.

  • 4 Legislative Proposals Reflect Growing Scrutiny Of Pharma IP

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    Bipartisan legislative momentum in Congress, including a recent package of bills targeting exclusivity strategies that delay generic and biosimilar competition, signals growing scrutiny of life sciences intellectual property strategies, so biologics companies and investors must pay attention to new strategic, compliance and litigation risks, says Olga Berson at Thompson Coburn.

  • Why Hiring Former Jurors As Consultants Can Be Risky

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    The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

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