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September 03, 2025
Covington IP Atty Joins WilmerHale In San Francisco
WilmerHale announced Wednesday that an experienced intellectual property attorney has joined the firm's San Francisco office after nearly 15 years at Covington & Burling LLP.
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September 03, 2025
Indivior Attorney Rejoins McGuireWoods In Virginia
A former associate general counsel for global pharmaceutical company Indivior Inc. has returned to private practice at her former firm, McGuireWoods LLP.
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September 02, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
For appellate attorneys feeling sad summer's over, September's circuit calendars are here to help with argument topics — including the former Meghan Markle, an ex-Jones Day lawyer's religious liberty suit and $17 million in fees after "a vigorous litigation battle" between BigLaw firms — offering enough intrigue to vanquish any autumn ennui.
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September 02, 2025
Apple Seeks Fees, Says Fintiv Tried To 'Avoid' Its Own IP Trial
Apple Inc. on Friday urged a Texas federal court to award it attorneys' fees for work dating back to June 2022, saying digital wallet payment processor Fintiv Inc. engaged in unreasonable litigation conduct by trying to delay a trial in Fintiv's lawsuit accusing Apple of infringing a mobile wallet patent.
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September 02, 2025
Auto Injection, Ypsomed Settle Insulin Pen Patent Dispute
Auto Injection Technologies LLC said Tuesday that it has settled its lawsuit in Texas federal court claiming Swiss drugmaker Ypsomed infringed a pair of drug delivery patents acquired from Sanofi-Aventis.
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September 02, 2025
Ex-XAI Engineer Who Joined OpenAI Must Hand Over Devices
A California federal judge on Tuesday ordered a former engineer at xAI, Elon Musk's artificial intelligence company, to temporarily hand over personal devices for a forensic examination in litigation accusing him of stealing trade secrets and confidential information before going to work for competitor OpenAI.
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September 02, 2025
Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process
Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.
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September 02, 2025
Del. Jury Awards $1.5M In Text Marketing Patent Trial
A Delaware federal jury has awarded $1.5 million for patent infringement in a case between two companies that offer short message service marketing systems and that each alleged infringement of the other's intellectual property.
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September 02, 2025
VLSI Wants Chance To Defend Patent At Stewart's PTAB
VLSI Technology LLC is asking the Federal Circuit for another chance to stop OpenSky Industries LLC from challenging its patent after being sanctioned, saying Tuesday that the inter partes review was only allowed based on guidance that has since been withdrawn.
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September 02, 2025
Two Unions Fight Trump Order Ending Labor Rights
Unions representing thousands of employees of the U.S. Patent and Trademark Office and the National Weather Service challenged in a lawsuit Tuesday in D.C. federal court an executive order by President Donald Trump ending their collective bargaining agreements.Â
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September 02, 2025
Copyright Office Veteran Takes Over Registration Policy Role
A longtime U.S. Copyright Office attorney has taken over the role dedicated to overseeing the section that registers copyrights, replacing Robert Kasunic, who is retiring after just over a decade in the position, the office said Tuesday.
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September 02, 2025
Confusion Over Slashed Patent Verdict Vexes Fed. Circ. Judge
An attorney for Rex Medical butted heads with a Federal Circuit judge Tuesday over what a lower court actually did when it reduced a $10 million patent infringement verdict against Intuitive Surgical Inc. to $1, with the judge appearing frustrated by the confusion.
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September 02, 2025
Paramount Scores Some Docs In 'Top Gun' Copyright Suit
A Manhattan federal judge on Tuesday granted Paramount Pictures' request for certain documents held by Shaun Gray, a man suing the company claiming that he wrote some key scenes in "Top Gun: Maverick" without receiving any money or credit.
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September 02, 2025
Nike, StockX Resolve Counterfeiting Suit Ahead Of Trial
Shoe giant Nike and sneaker reseller StockX LLC have agreed to end Nike's false advertising claims that StockX sold counterfeit Nike shoes, according to a filing in New York federal court.
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September 02, 2025
Jury Clears Exela In Blood Pressure Drug Patent Suit
A Delaware federal jury has cleared Exela Pharma Sciences in a suit claiming that its injection used to treat low blood pressure during anesthesia infringed patents owned by Nexus Pharmaceuticals.
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September 02, 2025
4th Circ. Won't Stop Dance Teachers From Using 'Inspire' TM
A charter school failed to convince the Fourth Circuit to block two former teachers from using the name "Inspire" for their dance company, with a panel finding Tuesday that the school's trademark infringement and false advertising claims didn't have enough juice.
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September 02, 2025
Gilead Rival Agrees Not To Sell Generic HIV Drug For Now
A Gilead Sciences Inc. competitor has agreed not to sell a generic version of Gilead's human immunodeficiency virus treatment Biktarvy until a trio of patents expire, according to a proposal by the parties to end infringement allegations.
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August 29, 2025
Fed. Circ. Upholds Prosecution Laches In Affirming Hyatt Loss
The Federal Circuit on Friday shot down prolific inventor Gilbert Hyatt's bid to discard a doctrine that can render a patent unenforceable based on delays the owner made during prosecution.
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August 29, 2025
Fortnite Maker Says Patent Claims Too Abstract For IP Suit
Epic Games Inc. urged a North Carolina federal judge to throw out a suit alleging that player-to-player messaging options in its popular Fortnite video game infringe patents held by a California company.
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August 29, 2025
Justices Urged To Take Home Designer's Copyright Case
A home designer wants the U.S. Supreme Court to take up his challenge to rulings that let real estate agents off the hook on claims they infringed his copyrights, saying the justices should reexamine the lower courts' analysis of fair use.
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August 29, 2025
Judge Newman's Suspension Extended Once Again
Federal Circuit Judge Pauline Newman's suspension from hearing cases was extended by another year on Friday, in a unanimous opinion by the appeals court's 11 other judges.
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August 29, 2025
Stewart Again Rebuffs Nat. Security In New Discretion Batch
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued only a handful of decisions on whether to discretionarily deny Patent Trial and Appeal Board petitions over the last week, and nearly all favored the challenger.
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August 29, 2025
Cox Tells Justices $1B Verdict Risks 'Mass' Internet Evictions
Cox Communications Inc. asked the U.S. Supreme Court Friday to rule it should not face copyright liability for its internet customers' music piracy, arguing in its opening appeal brief that the Fourth Circuit incorrectly affirmed a Virginia federal jury verdict that led to a $1 billion award.
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August 29, 2025
NC Tex-Mex Chain Says Ex-Employee Defected With Recipes
The owner of a string of Tex-Mex restaurants has accused a former employee in North Carolina Business Court of taking the chain's proprietary recipes, menus, drinks and decor several states away to use at another restaurant in Missouri.
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August 29, 2025
NeoGenomics Scores Win In Natera DNA Test Patent Suit
A North Carolina federal judge put an end to genetic testing company Natera Inc.'s lawsuit accusing NeoGenomics Laboratories Inc. of patent infringement over DNA cancer test technology, finding the patent claims at issue are invalid.
Expert Analysis
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Brand Protection Takeaways From OpenAI Trademark Case
The ongoing battle between IYO and OpenAI offers critical lessons on diligent trademark enforcement and proactive risk management for startups and established players alike navigating branding in the rapidly evolving artificial intelligence sector, say attorneys at Dykema.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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IP Due Diligence Tips For AI Assets In M&A Transactions
Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Opinion
New USPTO Leadership Must Address Low-Quality Patents
With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.
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Opinion
High Court Must Overrule Outdated Patent Eligibility Doctrine
A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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The State Of AI Adoption In The Patent Field
The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues
The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
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.
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IRhythm IPR Denial Raises Key PTAB Discretion Questions
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.