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  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    NPE Drops Injunction Bid In Samsung IP Suit Eyed By Feds

    A nonpracticing entity has dropped its bid for a preliminary injunction in its patent infringement case against Samsung in eastern Texas federal court, shortly after the federal government made the rare move of expressing interest in the case.

  • July 11, 2025

    Fed. Circ. Questions Patent Ownership After J&J's $20M Loss

    The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.

  • July 11, 2025

    ITC Judge Mostly Clears GoPro Rival Insta360 In IP Fight

    A U.S. International Trade Commission judge has mostly cleared a China-based camera company of allegations in a case claiming certain imports of its products infringed various patents owned by GoPro.

  • July 11, 2025

    Netlist Judge To Query Jurors Post-Trial Over Voir Dire Replies

    A California federal judge considering Samsung's bid for a fourth trial in its contract fight with Netlist on grounds that three jurors allegedly lied during voir dire told the parties Friday that he'll question those jurors about why they didn't disclose their involvement as parties in unrelated civil proceedings.

  • July 11, 2025

    Meta's Alleged Book Piracy Is Next Phase Of Authors' IP Suit

    A California federal judge said Friday that a group of bestselling authors' claims that Meta Platforms infringed their copyrights by downloading and allegedly distributing their works through peer-to-peer networks will proceed to summary judgment.

  • July 11, 2025

    The Biggest TM Rulings Of 2025: A Midyear Report

    Justices overturned a trademark award of more than $40 million in a long-running case in which lower courts put a company's affiliates on the hook for the amount, and a pair of precedential decisions from the Federal Circuit provided guidance on whether colors can be protected trade dress. Here is Law360's list of the biggest trademark decisions so far this year.

  • July 11, 2025

    Software Co. Accuses Honeywell Of Baseless Patent Threats

    A supply chain software company is combating patent infringement allegations by North Carolina-based Honeywell over its voice technology, saying the conglomerate has for years sought to force a licensing deal while threatening legal action without any basis.

  • July 11, 2025

    MSN Beats Novartis' Patent Suit Over Entresto

    A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.

  • July 11, 2025

    DOJ Poised To Pounce On Data Security Violators

    Companies and individuals that are not yet in compliance with the U.S. Department of Justice's sweeping, complex new national data security program should expect to face probes and potentially enforcement actions sooner than later, experts say.

  • July 11, 2025

    Ramey IP Atty Sanctioned But Beats Netflix's Contempt Bid

    A California federal judge sanctioned a prolific patent plaintiff's former counsel William Ramey and the Ramey LLP law firm for sharing Netflix's confidential information with a third party while pursuing patent infringement claims against Netflix, but he declined to review whether Ramey should be held in civil contempt.

  • July 11, 2025

    Smoke Shop's Default Lifted In Toys R Us Dilution Suit

    A Connecticut federal judge on Friday set aside a default entry against a New Haven e-cigarette and cannabis accessories store accused of tarnishing Toys R Us trademarks, mooting a pending motion for judgment after the defendants retained counsel who appeared in the case.

  • July 11, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.

  • July 10, 2025

    Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit

    A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.

  • July 10, 2025

    $33M Sonos Appeal Has Fed. Circ. Asking: What's Up, Alsup?

    A Federal Circuit panel struggled Thursday to piece together the different interpretations of what U.S. District Judge William Alsup decided before upending Sonos Inc.'s $32.5 million jury verdict against Google LLC, with one judge claiming disbelief that there could be such a "fundamental disconnect" between the companies' understandings.

  • July 10, 2025

    Stewart Won't Review Newer IP Without Challenger's Promises

    The acting U.S. Patent and Trademark Office director on Thursday discretionarily denied challenges to patents issued within the last four years after the alleged infringer didn't file a stipulation in parallel litigation to limit overlap.

  • July 10, 2025

    Carma Says Ex-CLO, President Stole Hulk Hogan Beer Ideas

    Carma HoldCo Inc. has filed a $10 million lawsuit in Illinois federal court against its former president and chief legal officer, accusing them of misappropriating its trade secrets and business plans related to "Real American" beer in a partnership with wrestler Hulk Hogan after they were terminated.

  • July 10, 2025

    Fed. Circ. Backs Novartis PTAB Win Over Shilpa MS Patent

    The Federal Circuit on Thursday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a Shilpa Pharma Inc. patent that it has accused Novartis Pharmaceuticals Corp. of infringing with the drugmaker's multiple sclerosis drug.

  • July 10, 2025

    Judge Trims IP Claims In Voice Actors' Suit Against AI Co.

    A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.

  • July 10, 2025

    Mo' Money Mo' Problems: Biggie Smalls' Widow Sued Over IP

    A record executive has sued the Notorious B.I.G.'s widow, Faith Evans, in Delaware Chancery Court, accusing the R&B singer of improperly trying to seize control of her late husband's hip-hop music catalog, which includes chart-topping hits like "Juicy" and "Mo' Money, Mo' Problems," following his mother's recent death.

  • July 10, 2025

    X Can't Escape Don Lemon Suit, But Musk Can, Judge Says

    X Corp. has lost its bid to ditch all of former CNN anchor Don Lemon's lawsuit claiming the social media platform reeled him into a talk show partnership and then unceremoniously canceled the deal, although its leader Elon Musk was allowed to duck out of the case.

  • July 10, 2025

    Original BBQ Joint Lays Claim To TM In Fight With Franchise

    The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.

  • July 10, 2025

    Florida Restaurateur Can't Get Shrimp TM, Fed. Circ. Affirms

    The Federal Circuit on Thursday refused to revive an author and restaurateur's bid to register a trademark for "Yucatán Shrimp" at his Florida eatery named after his crime novels, backing the U.S. Patent and Trademark Office's finding that the mark would be merely descriptive.

  • July 10, 2025

    AT&T's $181M Patent Loss Gets Tough Look At Fed. Circ.

    A Federal Circuit panel had hard questions for an attorney looking to safeguard Finesse Wireless' $181 million verdict against AT&T and Nokia for infringing a pair of radio interference patents, with one judge in particular seemingly taking issue Thursday with the infringement findings. 

  • July 10, 2025

    College Apparel Co. Seeks New Trial In Penn State TM Case

    A print-on-demand company that was permanently barred from using The Pennsylvania State University's name or logos asked a federal judge for a new trademark infringement trial, saying the verdict form at the first trial was confusing to the jury and the university's evidence had not shown it used the marks illegally.

Expert Analysis

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    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.

  • IRhythm IPR Denial Raises Key PTAB Discretion Questions

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    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.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    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.

  • Opinion

    IPR Denial In IRhythm Should Not Set A Blanket Rule

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    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.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • Opinion

    Subject Matter Eligibility Test Should Return To Preemption

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    Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Google Damages Ruling Offers Lessons For Testifying Experts

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    The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • Breaking Down Part 3 Of The Copyright Office's AI Report

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    On May 9, the U.S. Copyright Office published a prepublication version of the third and final part of its three-part report on artificial intelligence, offering key insights on the unauthorized use of copyrighted material by AI systems, says Courtney Sarnow at CM Law.

  • Trending At The PTAB: Shifts In Parallel Proceedings Strategy

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    Dynamics are changing between the Patent Trial and Appeal Board and federal courts, with two recent discretionary denials and one Federal Circuit decision offering takeaways for both patent owners and challengers navigating parallel proceedings, say attorneys at Finnegan.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Discretionary Denial Rulings May Spur Calls For PTAB Reform

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    The U.S. Patent and Trademark Office's recent decision in iRhythm Technologies v. Welch Allyn, denying inter partes review based on the patent owner's settled expectations that the patent would not be challenged, could motivate patent holders to seek Patent Trial and Appeal Board reform to preserve patent quality without burdening owners, say attorneys at Dechert.

  • Spinoff Transaction Considerations For Biotech M&A

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    Amid current market challenges, boards and management teams of biotech companies can consider several strategies for maximizing value should a spinoff opportunity arise, but not without significant advance planning and careful implementation, particularly in cases that might qualify as tax-free, say attorneys at Paul Hastings.

  • Fed. Circ. In May: Evaluating Opportunistic Trademark Filings

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    The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.

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