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  • April 29, 2025

    4th Circ. Rules Honeywell Royalty Fight Belongs In Fed. Circ.

    The Fourth Circuit on Tuesday found that a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival should be kicked to the Federal Circuit, which has jurisdiction over all patent-related lawsuits.

  • April 29, 2025

    Full Fed. Circ. Urged To Undo 'Onerous' Jepson Claim Ruling

    Xencor has urged the full Federal Circuit to review a decision rejecting its application for an antibody patent that used the so-called Jepson claim format, saying the case set an "onerous requirement" that is nearly impossible to meet and "eliminates any incentive" to use the format.

  • April 29, 2025

    NCAA Says NY Case's Demise Dooms NC State '83 Team's Suit

    The NCAA told North Carolina's business court that a New York federal judge's decision to throw out a proposed antitrust class action against it brought by former men's basketball players should also doom a similar suit brought by the 1983 North Carolina State University men's basketball national championship team.

  • April 29, 2025

    Fed. Circ. Backs TM Denial Of Dark Green Gloves As Generic

    The Federal Circuit on Tuesday adopted a test for determining if trademarks are generic when considering claims on distinctive colors, affirming a trademark board precedent used to reject an Indonesian medical supply company's efforts to claim a trademark for dark green surgical gloves.

  • April 29, 2025

    Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes

    Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.

  • April 29, 2025

    Drinkers Not Vexed By Brand In 'Sea Of Tequilas,' 5th Circ. Told

    A Fifth Circuit panel seemed hesitant to accept a U.S. tequila startup's argument that it was selling its product in a "sea of tequilas" that all have similar marks, questioning Tuesday whether its branding had enough similarities to an older Mexican brand called "Clase Azul" to confuse consumers.

  • April 29, 2025

    Mexico Put On Latest USTR Priority IP Watch List

    The Office of the U.S. Trade Representative on Tuesday issued its annual global intellectual property report that has placed close trading partner Mexico on its list of countries to keep the closest eye on.

  • April 29, 2025

    Cooley Life Sciences Ace Rejoins Latham In Bay Area

    Latham & Watkins LLP has welcomed back an intellectual property attorney who spent the past nine years at Cooley LLP to bolster its healthcare and life sciences practice, including advising clients about licensing and transactional matters.

  • April 29, 2025

    Boston Seafood Co. Says Salmon Exec Stole Trade Secrets

    A former C-suite executive and head of salmon accounts at a Boston-area seafood distributor spent months emailing sensitive trade secrets from his work account to a Norwegian competitor before joining it to launch a rival business in the U.S., according to a federal lawsuit filed Tuesday. 

  • April 29, 2025

    Judge Tosses Chalmers' NIL Suit, Hands NCAA Major Victory

    In a significant win for the NCAA against a wave of college athletes suing for past name, image and likeness compensation as a multibillion-dollar settlement awaits approval, a New York federal judge dismissed a proposed class action by 16 former men's basketball players accusing the NCAA of exploiting them long after their careers ended.

  • April 29, 2025

    US Biotech Firm To Quit London Listing After IP Deal

    Biotechnology company LungLife said Tuesday that it has convened a shareholder meeting to approve plans to delist from the Alternative Investment Market of the London Stock Exchange after it reached a deal to sell its intellectual property assets.

  • April 28, 2025

    Ramey IP Attys Pay Sanctions, But Defend Fed. Circ. Appeal

    Texas intellectual property lawyer Bill Ramey and two other attorneys informed a California federal court Monday that they have made payments toward fines totaling $64,000 and alerted disciplinary bodies that they were sanctioned, the same day they urged the Federal Circuit to keep alive their appeal of the sanctions.

  • April 28, 2025

    Stewart Wants PTAB To Check If Chip Co. Has Ties To Intel

    The U.S. Patent and Trademark Office's acting director has ordered the Patent Trial and Appeal Board to allow discovery over a chipmaker's relationship with Intel Corp., which could block challenges targeting patents issued to a former Texas Instruments Inc. executive.

  • April 28, 2025

    SAIC, Feds, Microsoft Settle Night-Vision Goggle Patent Suit

    The federal government has reached a deal to end a suit from Science Applications International Corp. accusing the government of contracting with Microsoft and L3 Technologies Inc. for night-vision goggle weapon systems with infringing displays.

  • April 28, 2025

    USPTO Discovery In VLSI Row Unlawul, PQA Tells Fed. Circ.

    A company that was sanctioned for flouting discovery while challenging the validity of a VLSI Technology LLC patent underpinning a since-vacated $1.5 billion infringement verdict told the Federal Circuit on Friday that the U.S. Patent and Trademark Office director lacked the authority to order that discovery.

  • April 28, 2025

    ITC Affirms Optimum's Network Patent Case Is Over

    The U.S. International Trade Commission has decided not to breathe any new life into Optimum Communications Services Inc.'s patent infringement case against several Chinese tech companies over network switching and routing patents, but it also cut part of an agency judge's findings on ownership of the patents.

  • April 28, 2025

    Chinese Cos. Lose Immunity Fight In 9th Circ. IP Case

    The Ninth Circuit on Monday shot down arguments from related Chinese steel companies that they shouldn't have to face espionage charges that they stole DuPont trade secrets for creating titanium dioxide, saying they aren't protected by foreign sovereign immunity.

  • April 28, 2025

    'Top Gun: Maverick' Writer's Cousin Says He Co-Piloted Script

    The cousin of a "Top Gun: Maverick" screenwriter has sued Paramount Pictures in New York federal court, alleging he penned many of the film's key scenes but never received any credit or compensation for his purported contribution to the 2022 blockbuster.

  • April 28, 2025

    PTAB Axes 3 Gaming Patents, Trims Another In Playrix Fight

    Administrative patent judges have agreed to wipe out three mobile video game software patents asserted against game developer Playrix but split on prior art arguments challenging two claims in a related fourth patent.

  • April 28, 2025

    Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale

    A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.

  • April 28, 2025

    NC Judge Says 'Natural Dog' TM Confusion Fight Needs A Trial

    A North Carolina federal judge denied a Tar Heel State pet store chain's bid for a pretrial win in a trademark infringement suit brought against it by Natural Dog Acquisitions LLC, ruling Monday that the case needs a jury trial to resolve certain questions of fact.

  • April 28, 2025

    Trump Must Face Copyright Claim Over Isaac Hayes Song Use

    A Georgia federal judge refused to free President Donald Trump from a copyright infringement claim levied against him over his election campaign's use of artist Isaac Hayes' song "Hold On, I'm Coming" at rallies.

  • April 28, 2025

    Casper Sleep Gets PTAB To Squash Cooling Pillow Patent

    The Patent Trial and Appeal Board has ruled that the claims in a patent for a cooling pillow were invalid, handing a win to e-commerce sleep product company Casper Sleep in its challenge.

  • April 28, 2025

    High Court Passes On Coke Sweetener Patent Case

    The U.S. Supreme Court on Monday rejected a Texas chemical company's challenge to a Federal Circuit decision scratching claims in a patent on the process to create the artificial sweetener used in Coke Zero, in a case that addressed whether the secret usage of that process could preclude its patent eligibility. 

  • April 28, 2025

    High Court Declines Review Of 'Server Test' In Copyright Suit

    The U.S. Supreme Court on Monday rejected a challenge to the Ninth Circuit's criteria for determining copyright liability when photos are embedded online, denying a photographer's appeal in a case where he is suing Canadian media company Valnet Inc.

Expert Analysis

  • How Trial Attys Can Wield Amended Federal Evidence Rules

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    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.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    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.

  • 5 Drug And Device Developments That Shaped 2024

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    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.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    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.

  • 7 Pitfalls To Watch In Tech Referral Fee Programs

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    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.

  • Takeaways From 2024's Emerging IP Licensing Trends

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    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.

  • Top 10 Legal Issues This Year For Transportation Industry GCs

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    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.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    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.

  • How The UPC, ITC Complement Each Other In Patent Law

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    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.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    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.

  • Identifying Deepfakes During Evidence Collection, Discovery

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    Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • 2025 Patent And TM Policy At USPTO: What We Know So Far

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    This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

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