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June 30, 2025
Anthem, Blue Cross Sue Ga. Co. Over Alleged Insurance Scam
A Georgia healthcare analytics company has been hit with a lawsuit from Blue Cross Blue Shield and Anthem Insurance Cos. accusing the company of infringing the health insurance giants' trademarks by offering bogus policies that have no affiliation with any actually existing plan.
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June 30, 2025
Meta Dodges Authors' DMCA Claim In AI Suit
A California federal judge has granted Meta's request to throw out a Digital Millennium Copyright Act claim in a lawsuit that authors brought to challenge the company's use of their books to train a large language model.
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June 30, 2025
Fed. Circ. Won't Revive Beverage Can Patent Claims
The Federal Circuit on Monday sided with an Ohio federal judge's finding that claims in a pair of Crown Packaging Technology Inc.'s metal beverage can construction patents were invalid, handing a win to competitor Ball Metal.
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June 30, 2025
Justices Won't Eye Claim Fed. Circ. Revived Waived Argument
The U.S. Supreme Court on Monday turned down an appeal from a doctor who argued that the Federal Circuit wrongly upheld the rejection of his application for a patent on a COVID-19 treatment by reviving arguments that he claimed the patent office had waived.
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June 30, 2025
Justices Allow Chinese Co. To Access Micron's Code Records
The U.S. Supreme Court on Monday denied Micron Technology Inc.'s efforts to block a Chinese semiconductor maker from accessing paper copies of sensitive source code during patent infringement litigation.
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June 30, 2025
High Court Takes Up $1B Copyright Fight Over ISPs' Liability
The U.S. Supreme Court on Monday granted a petition for certiorari from Cox Communications Inc. that asked the justices to review a Fourth Circuit's conclusion that telecom companies can be liable for copyright infringement for providing an internet connection that leads to music piracy online.
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June 27, 2025
Feds Use Fortress-Backed NPE Suit To Encourage Injunctions
The federal government acted in line with the administration's strong pro-patent owner policies when, seemingly out of nowhere, it stepped into a little-known Texas patent case and promoted injunctions for nonpracticing entities, attorneys say. But there are suggestions that it may not be so random, as the patent owner may have ties to the nominee for U.S. Patent and Trademark Office director.
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June 27, 2025
Biogen, Genentech May Stay Mum On Damages At Trial
A California federal judge Friday discouraged Biogen and Genentech from discussing the "magnitude of the money at issue" during their upcoming breach of contract trial over alleged patent royalties due from sales of Biogen's multiple sclerosis medicine, noting that most of the jurors are "not of significant means."
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June 27, 2025
Can AI Kill Human Art? Two Judges Envision Different Futures
The two federal judges who issued highly anticipated opinions about training generative artificial intelligence models with copyrighted material acknowledged the fear from many that AI could ultimately supplant human-created works, but they had differing views about the probability of such a future.
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June 27, 2025
Fed. Circ. Upholds Win For Lyft On Vehicle Monitoring Patents
The Federal Circuit said it won't undo Lyft's lower court win in litigation where it was accused of infringing a pair of Quartz Auto Technologies LLC patents, rejecting arguments that a judge misinterpreted the patent claims.
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June 27, 2025
Samsung Hit With $12.5M Verdict In Mobile Patent Trial
A Texas federal jury hit Samsung with a $12.5 million verdict Friday, finding that it violated a patent held by Empire Technology Development LLC related to cellphone signals, but rejecting the claim that the infringement was willful.
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June 27, 2025
Jury Adds $30M More To Fleet Tech Co.'s Trade Theft Trial Win
An Illinois federal jury on Friday more than doubled the $28.9 million in damages it awarded a day earlier to a fleet management technology firm after finding a garbage truck manufacturer poached its former executive and capitalized on stolen trade secrets, slapping a $30 million punitive award atop the initial verdict.
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June 27, 2025
Google Escapes Search Engine Patent Suit, For Now
A northern California federal judge has tossed LookSmart Group Inc.'s lawsuit accusing Google of infringing its search engine patent, finding the claim describes only unprotectable abstract ideas while allowing the company to amend the complaint.Â
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June 27, 2025
Court Urged To Push Ex-GC To Provide Co. Laptop Password
E-commerce company Storehouse In A Box has asked a federal judge in Michigan to issue a preliminary injunction and temporary restraining order against its former general counsel and chief operating officer, arguing he refused to give the company access to a laptop that the company provided and used the company's trade secrets for his benefit.
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June 27, 2025
Mooring-Maker Says Rival Destroyed Evidence In TM Row
A company that manufactures boat mooring equipment has accused a rival of ordering the destruction of documents that showed customer confusion in its trademark case, asking a Connecticut federal judge to order sanctions.
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June 27, 2025
Fed. Circ. Urged To Rethink Pool Design Patent Decision
A swimming pool design patent owner wants the full Federal Circuit to rethink a panel's refusal to revive allegations that Latham Pool Products infringed the patent, challenging the "problematic" test used in the case.
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June 27, 2025
Trump Urges Court To Push Bob Woodward Suit Forward
President Donald Trump asked a Manhattan federal judge to move forward with his case against Simon & Schuster and Bob Woodward over the investigative reporter's audiobook, saying the lengthy delays in resolving a pending motion to dismiss have put Trump in an untenable position.
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June 27, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the British Basketball Federation sued by members of the men's professional basketball league for alleged competition breaches, songwriter Coco Star file an intellectual property claim against Universal Music Publishing, and the Solicitors Regulation Authority file a claim against the Post Office amid ongoing investigations into law firms linked to the Horizon IT Scandal. Here, Law360 looks at these and other new claims in the U.K.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
OpenAI Loses Data Hold Round In News Orgs' Copyright Fight
A Manhattan federal judge on Thursday refused to overturn a ruling that directed OpenAI to preserve ChatGPT logs in ongoing copyright infringement litigation brought by news organizations against the company and Microsoft, after hearing an hourslong "tutorial" about the ins and outs of generative artifical intelligence.
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June 26, 2025
Stewart Clarifies Settled Expectations In Denying Intel IPRs
Leaders at the U.S. Patent and Trademark Office discretionarily denied 13 more petitions for inter partes review on Thursday, where the acting director offered more guidance on how she's deciding when a patent owner can rest on settled expectations that its patent wouldn't be challenged.
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June 26, 2025
Fleet Tech Co. Wins Nearly $29M In Trade Secret Theft Trial
An Illinois jury awarded fleet management technology firm Sonrai Systems LLC more than $28.9 million Thursday, finding a garbage truck manufacturer the company had worked with had poached an executive and used confidential information he stole to develop a competing product.
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June 26, 2025
Italian Winery Claims $53M Loss From Importer's Interference
The Italian maker of Kris wine is suing its former importer in California federal court on claims that it asserted exclusive rights to the brand and sabotaged new deals after their agreement was terminated, saying the U.S. company breached an arbitration award and caused more than $53 million in damages.
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June 26, 2025
Kirkland Stops Repping Novartis After Regeneron Sought DQ
A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma's legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an "unthinkable" conflict of interest by the lawyers, whose firm previously represented Regeneron.
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June 26, 2025
College Apparel Co. Forever Barred From Using Penn St. TMs
A federal court has permanently barred a Washington-based print-on-demand company from selling merchandise with Pennsylvania State University's name or certain trademarked logos, though it stopped short of banning anything "substantially similar" or making the company pay the school's attorney fees.
Expert Analysis
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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In-House Expert Testimony Is Tricky, But Worth Considering
Litigation counsel often reject the notion of designating in-house personnel to provide expert opinion testimony at trial, but dismissing them outright can result in a significant missed opportunity, say David Ben-Meir at Ben-Meir Law and Martin Pitha at Lillis Pitha.
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Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key
The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.
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Tracking Changes To AI Evidence Under Federal Rules
As the first quarter of 2025 draws to a close, important changes to the Federal Rules of Evidence regarding the use of artificial intelligence in the courtroom are on the horizon, including how to handle evidence that is a product of machine learning, say attorneys at Debevoise.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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Key Issues To Watch As USPTO Changes Abound
As 2025 continues to unfold, changes at the U.S. Patent and Trademark Office — including new leadership, operational reforms, legislative initiatives and AI-related policies — have potential to influence proceedings, including efforts to prosecute patents and adversarial proceedings before the Patent Trial and Appeal Board, say attorneys at Morgan Lewis.
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Trending At The PTAB: A Pivot On Discretionary Denials
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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How Trump Policies Are Affecting The Right To Repair
Recent policy changes by the second Trump administration — ranging from deregulatory initiatives to tariff increases — are likely to have both positive and negative effects on the ability of independent repair shops and individual consumers to exercise their right to repair electronic devices, say attorneys at Carter Ledyard.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Patent Drafting Pointers From Fed. Circ. COVID Test Ruling
The Federal Circuit's recent decision in DNA Genotek v. Spectrum Solutions provides several best practice pointers for drafting and prosecuting patent applications, highlighting how nuances in wording can potentially limit the scope of claims or otherwise affect claim constructions, says Irah Donner at Manatt.