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  • June 11, 2025

    Stewart Won't Retroactively Apply New PTAB Denial Policy

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart has rejected Efficient Power Conversion's request that she apply her new policies on when Patent Trial and Appeal Board petitions should be denied to a case instituted last year that invalidated the company's patent.

  • June 11, 2025

    9th Circ. Backs Reddit Win In WallStreetBets Creator's TM Suit

    The Ninth Circuit on Wednesday refused to revive WallStreetBets subreddit founder Jaime Rogozinski's lawsuit accusing Reddit Inc. of hijacking his creation and infringing his right to trademark the brand, saying in an unpublished opinion that Rogozinski failed to adequately plead ownership over the brand mark.

  • June 11, 2025

    PTAB Issues Mixed Group Of Discretionary Denial Decisions

    The Patent Trial and Appeal Board has invoked its discretion to free Nike Inc. and Cleveland Medical Devices from having their patents scrutinized, but refused to do so for Vermeer Manufacturing Co.

  • June 11, 2025

    NJOY Can't Ax Juul Vape Patent At PTAB After ITC Loss

    The Patent Trial and Appeal Board has refused to invalidate various claims in a Juul vape patent challenged by Altria's NJOY brand, months after NJOY was found to infringe the same patent in a U.S. International Trade Commission case.

  • June 11, 2025

    IP, Health Law Scholars Object To 23andMe Ch. 11 Data Sale

    A number of university scholars urged a Missouri bankruptcy judge to require that DNA testing company 23andMe Holding Co.'s asset sale be contingent on the final buyer maintaining policies that benefit biomedical researchers.

  • June 11, 2025

    Filmmaker Ends Case Against Netflix, LeBron Over 'Rez Ball'

    A California federal judge on Wednesday dismissed a copyright lawsuit with prejudice by a filmmaker who accused Netflix Inc., NBA superstar LeBron James and others of lifting elements from his script to make the movie "Rez Ball" after the parties filed a notice with the court.

  • June 11, 2025

    Fed. Circ. Backs PTAB Invalidation Of Agilent CRISPR Patents

    The Federal Circuit on Wednesday affirmed Patent Trial and Appeal Board decisions finding every claim invalid in two Agilent Technologies patents on the gene-editing tool CRISPR, sealing a win for Synthego Corp., which has been accused of infringing them.

  • June 11, 2025

    Epic Games Hits Fortnite Cheat Maker With Copyright Suit

    Fortnite maker Epic Games is suing a German cheat software developer, alongside resellers of the software, in North Carolina federal court for allegedly violating copyright law and interfering with contracts Epic has with its players.

  • June 11, 2025

    Judge Won't Boost $10.5M Patent Verdict Against ASUSTeK

    A Texas federal judge has refused to increase the $10.5 million award that a jury earlier this year said the Taipei-based laptop-maker ASUSTeK Computer Inc. owed after finding it had infringed a pair of Force MOS Technology Co. Ltd. electronic component patents.

  • June 11, 2025

    Local News Site Publisher Faces IP Claims Over Celebrity Pics

    A New York photographer went to Colorado federal court on Wednesday to accuse an online news company of publishing his photos of celebrities Beyoncé Knowles Carter, Jennifer Lopez and actor Justin Theroux without his permission and without paying him to license the copyrights on those pictures.

  • June 11, 2025

    New York Judge Won't Nix Cannabis Co. Logo Block

    A Manhattan federal judge has refused to vacate a three-and-a-half-year-old decision that barred a cannabis-themed apparel brand from using symbols in its wares that New York City alleged were infringements of the city's trademarked logos.

  • June 11, 2025

    Sony Fights Feds' 'Bewildering' Support Of Cox's High Court Bid

    Sony Music Entertainment and other music publishers questioned the federal government's "bewildering" support for Cox Communications Inc.'s challenge at the U.S. Supreme Court to a Fourth Circuit ruling affirming a contributory copyright infringement verdict against the internet service provider, saying only the verdict's vicarious liability finding should be reviewed.

  • June 11, 2025

    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law LLC reclaimed its status as the most active firm for patent plaintiffs, having filed more than twice as many cases in 2024 as it did in 2023, according to a new report from Lex Machina.

  • June 11, 2025

    Disney, Universal Team Up For IP Suit Against AI Art Co.

    Disney and Universal have teamed up to sue artificial intelligence company Midjourney in California federal court, calling the startup in their Wednesday lawsuit a "copyright free-rider" for training its AI art generator with their protected works from such iconic franchises as "Star Wars," Marvel's "Iron Man," "Shrek" and "The Simpsons."

  • June 11, 2025

    Houston Atty Says Rival's Client Files Aren't Trade Secrets

    A Houston attorney accused of stealing another lawyer's files in an attempt to recruit clients to file malpractice suits told a Texas appellate court that his rival "misrepresents facts to support his false narrative" that the information constituted trade secrets.

  • June 11, 2025

    New Patent Cases Rebound As EDTX Seals Top Venue Spot

    The number of new patent suits filed in 2024 increased 22.2% over 2023, bouncing back from a historically slow year, and the Eastern District of Texas further cemented its status as the most popular patent venue after a rule change made another Texas district less attractive to plaintiffs.

  • June 11, 2025

    Vedder Price Boosts IP, Exec Compensation Teams In NY

    Vedder Price PC has bulked up its New York office with the addition of an intellectual property attorney from Vinson & Elkins LLP and an executive compensation and employee benefits pro from Schulte Roth & Zabel LLP.

  • June 11, 2025

    2nd Circ. Says Retirement Funds Can't Pay Arbitration Award

    The Second Circuit refused to let a Japanese video game company raid retirement accounts established by an American game development executive to pay part of a $23.3 million arbitration award related to an intellectual property dispute, ruling the funds are protected by federal benefits law.

  • June 11, 2025

    Ex-Copyright Leader Says Firing Risks 'Inoperable' Agency

    The fired leader of the U.S. Copyright Office has asked a D.C. federal judge to block the Trump administration's action while she challenges her termination, arguing that significant functions of the government agency could be rendered "inoperable" without judicial intervention.

  • June 10, 2025

    Stewart's Newest Discretionary Denial Has Attys On Edge

    The acting U.S. Patent and Trademark Office director's decision on Friday to reject patent challenges due to the petitioner's long-standing knowledge of a patent has many attorneys bracing for either a massive rise or dip in Patent Trial and Appeal Board filings.

  • June 10, 2025

    10th Circ. Affirms Toss Of USPS Contractor's $500M Suit

    The Tenth Circuit on Tuesday refused to revive a U.S. Postal Service contractor's $500 million lawsuit accusing USPS of misappropriating its confidential business information and wrongfully terminating their long-running relationship, affirming a lower court's toss of tort and contract claims.

  • June 10, 2025

    Vertex Says Tax Software Rival Purposely Destroyed Evidence

    Tax compliance software company Vertex Inc. told a Pennsylvania federal judge Monday that Avalara intentionally destroyed and failed to preserve "key sources of electronically stored information crucially relevant" to Vertex's lawsuit accusing its rival of poaching workers to steal trade secrets.

  • June 10, 2025

    Who Infringed Kokomo's Owl Logo? CrisisGo, Suit Says

    Kokomo Solutions Inc., an emergency response and safety technology company, filed a lawsuit against CrisisGo Inc. in Illinois federal court Tuesday alleging the company's use of an owl logo for its ECHO Badge product is confusingly similar to its own owl logo.

  • June 10, 2025

    Key Insights On Looming Fair Use Rulings In AI Cases

    Two California federal judges have indicated they are inclined to find that using copyrighted material to train artificial intelligence systems is transformative, which usually means that copying a work is fair, but that may not let Meta Platforms and Anthropic off the hook in separate lawsuits.

  • June 10, 2025

    Ill. Judge Questions Standing In Biogen Antitrust Suit

    An Illinois federal judge seemed skeptical Tuesday that health benefit plans accusing Biogen of impairing competition for its multiple sclerosis drug, Tecfidera, have standing to bring their lawsuit under decades-old precedent allowing only direct purchasers to recoup damages.

Expert Analysis

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • A Look At FDA's Plans To Establish New OTC Drug Category

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    The U.S. Food and Drug Administration's recently finalized rule, creating a new over-the-counter pathway for drugs when patients satisfy certain conditions, may be useful for off-patent drugs with established safety records, though switching to OTC comes with additional costs and considerations, say attorneys at Skadden.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Patent Ruling Sheds Light On Printed Matter Doctrine

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    Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.

  • How DOGE's Bite Can Live Up To Its Bark

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    All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.

  • US-China Deal Considerations Amid Cross-Border Uncertainty

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    With China seemingly set to respond to the incoming U.S. administration's call for strategic decoupling and tariffs, companies on both sides of the Pacific should explore deals and internal changes to mitigate risks and overcome hurdles to their strategic plans, say attorneys at Covington.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Patent Policy Changes To Track Under New Gov't Leadership

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    The new federal government will likely bring pivotal shifts in U.S. patent policy through legislation and initiatives that reflect a renewed focus on strengthening intellectual property rights, fostering innovation and enhancing the nation's competitive edge, says PK Chakrabarti at Butzel Long.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • 4 Trade Secret Developments To Follow This Year

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    Significant developments in trade secret law are likely in 2025, and areas to watch include protection of AI-related innovations, the fate of the Federal Trade Commission's noncompete ban, and questions of the federal Defend Trade Secrets Act's extraterritorial reach, say attorneys at Faegre Drinker.

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