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May 27, 2025
CardiacSense Gives Patent Suit Against Garmin Another Go
Wearable tech company CardiacSense Ltd. dove deeper into a fitness tracker patent it accuses Garmin International Inc. of infringing after a Michigan federal judge last month dismissed its lawsuit but allowed for an amended complaint given the suit's "technical issues."
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May 27, 2025
Fed. Circ. Backs Engineering Co. Win In Patent Fight
The Federal Circuit on Tuesday refused to revive allegations that a Texas-based engineering services company infringed a half dozen patents related to oil and gas industry pipeline integrity testing, finding a lower court judge's interpretation of key patent terms was correct.
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May 27, 2025
AMS Nets $52M As 17-Year-Old Trade Secrets Case Wraps
Light sensor maker AMS has been granted a $51.7 million judgment against a rival in Texas federal court, ending a 17-year-old trade secrets case that has gone through multiple appeals and two trials.
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May 27, 2025
Atty Avoids Sanctions After Adding AI Hallucinations To Brief
A California attorney who represented a software company in a trade secret dispute will not be sanctioned for filing a brief that included two ChatGPT-hallucinated case citations under circumstances so unusual they "couldn't have been made up," an Illinois federal judge said Tuesday.
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May 27, 2025
Lawmakers Float Fast Patent Program For AI, Semiconductors
Lawmakers in the U.S. Senate and House have introduced legislation that would require the U.S. Patent and Trademark Office to create an experimental program to prioritize patent applications for technologies like artificial intelligence and semiconductors.
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May 27, 2025
Motorola Loses Fights In PTAB Patent Challenges
The U.S. Patent and Trademark Office's acting leader has decided not to rethink her decision for the Patent Trial and Appeal Board not to review Motorola's challenges to a series of Stellar Inc. patents on glasses equipped with cameras, while also throwing out challenges to other patents.
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May 27, 2025
Mobile App Infringement Suit Against Bridgestone Dropped
A New Jersey company and tire maker Bridgestone Americas Inc. on Tuesday jointly asked a Texas federal judge to dismiss a case in which Bridgestone was accused of using patented mobile device communication technology in its mobile app.
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May 27, 2025
Fed. Circ. Faults PTAB Again For Upholding Lighting Patent
The Federal Circuit on Tuesday faulted for the second time a Patent Trial and Appeal Board ruling rejecting challenges to a decorative lighting patent, saying the board wrongly concluded there wasn't a motivation to combine prior art in order to reduce the cost of copper in the lighting system.
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May 27, 2025
Card Game Maker Sues Competitor Over Alleged Knockoff
The maker of the Never Have I Ever card game has sued a rival game company in California federal court, claiming the board game Tipsy Land is a knockoff seeking to capitalize on the success of its product.
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May 27, 2025
Ford Loses UK 'Cobra' Trademarks In AC Cars Dispute
Ford Motor Co. has lost four U.K. trademarks for the "Cobra" brand after a successful challenge by British automaker AC Cars, due to a lack of evidence that Ford or its licensees actively used "Cobra" as a brand for cars or toys in the U.K.Â
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May 27, 2025
Hugo Boss Trims Chinese Company's 'Huge Sports' TM In EU
Hugo Boss has persuaded European Union officials to revoke part of a Chinese company's "Huge Sports" trademark, demonstrating that consumers could mix up the sign with its earlier "Hugo" mark.
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May 27, 2025
Trump, Ex-Copyright Head Duel Over Her Firing
Former U.S. Copyright Office director Shira Perlmutter on Tuesday said a Washington, D.C., federal judge should ignore the Trump administration's argument that her recent firing was legal, the latest salvo in her lawsuit against the federal government as she seeks to block her removal.
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May 27, 2025
Justices Deny Food Wrapping Co.'s Prior Art Petition
The owner of invalidated food wrapping patents failed to persuade the U.S. Supreme Court on Tuesday to review its allegations that the Federal Circuit wrongly presumes prior art is always enabled.
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May 27, 2025
Justices Skip Law Firm's TM Appeal Over Rival's Google Ads
The U.S. Supreme Court on Tuesday denied an appeal from personal injury law firm Lerner & Rowe PC to review a Ninth Circuit decision that a rival did not infringe its trademarks by using the firm's name in keyword advertising with Google.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
9th Circ. Mulls 'Two John Smiths' In Classmates.com Class
Ninth Circuit judges Friday scrutinized a vast class of Californians whose identities were allegedly misappropriated by yearbooks platform Classmates.com, discussing ways to distinguish people with the same names and the case's implications for internet search giants — as well as how one judge's class of '62 yearbook might be a small part of the litigation.
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May 23, 2025
USPTO Asks Fed. Circ. To Deny Both VLSI, OpenSky In IP Row
The acting director of the U.S. Patent and Trademark Office on Friday stepped into a patent review dispute between VLSI Technology and OpenSky Industries at the Federal Circuit following a $2.18 billion jury verdict against Intel Corp., urging the appellate court to reject both sides' arguments.
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May 23, 2025
Legendary Calif. Judge Alsup Likely To Go Inactive In 2025
U.S. District Judge William H. Alsup, a larger-than-life jurist who's overseen some of the most consequential litigation in California's Northern District, indicated in a court filing Friday that he'll likely take inactive status before year's end, although the 79-year-old judge warned Law360 that he hasn't made a final decision.
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May 23, 2025
Fed. Circ. Lifts Stay Against MSN In Entresto Appeal
The Federal Circuit won't make a Delaware federal judge hold off on entering a judgment that would stop MSN Pharmaceuticals from having its generic version of Novartis' blockbuster cardiovascular drug Entresto approved, saying Friday that MSN hasn't pled its case convincingly.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Reviewing 2024's AI Patent And Copyright Developments
Attorneys at Rothwell Figg provide highlights on procedural and substantive intellectual property issues pertaining to AI in 2024 from the Copyright Office and U.S. Patent and Trademark Office, followed by what to expect in 2025.
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Trump, Tariffs And Tech: The Right To Repair In 2025
The "right-to-repair" movement has helped make it easier for independent repair shops and consumers to repair their devices and vehicles — but President-elect Donald Trump's complicated relationship with Big Tech, and his advocacy for increased tariffs, make the immediate future of the movement uncertain, say attorneys at Carter Ledyard.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Fed. Circ. Patent Decisions In 2024: An Empirical Review
Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.
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What To Expect In Higher Ed Enforcement Under Trump
Colleges and universities should prepare for shifting priorities, as President-elect Donald Trump is likely to focus less on antitrust cases and more on foreign relations policy, while congressional oversight of higher education continues to increase, say attorneys at Steptoe.
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How Trial Attys Can Wield Amended Federal Evidence Rules
Trial lawyers should assess recent amendments to four Federal Rules of Evidence and a newly enacted rule on illustrative aids to determine how to best use the rules to enhance pretrial discovery and trial strategy, says Stewart Edelstein, former litigation chair at Cohen & Wolf.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Rejoinder Strategy After Allergan Double-Patenting Case
A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.
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7 Pitfalls To Watch In Tech Referral Fee Programs
The recent attempt by FluidStack to recover $10 million in referral fees allegedly promised by software vendor Denvr Dataworks should alert potential participants in so-called partnership programs to seven signs that a proposed technology referral agreement may not equally benefit all sides, says Chris Wlach at Huge Inc.
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.