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  • July 01, 2025

    5 Federal Circuit Clashes To Watch In July

    The Federal Circuit's argument calendar this month includes Apple's bid to undo a ruling that caused a blood oxygen monitor feature to be pulled from the Apple Watch, and a challenge by Sonos to a decision that torpedoed its $32.5 million speaker patent verdict against Google.

  • July 01, 2025

    The Sharpest Dissents From The Supreme Court Term

    The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.

  • July 01, 2025

    Full Fed. Circ. Rejects Mylan Rehearing Bid In Patent Case

    The full Federal Circuit on Tuesday shot down Mylan's request for the court to reconsider a March ruling that the company's planned generic version of schizophrenia drug Invega Trinza would cause physicians to infringe a Janssen patent.

  • July 01, 2025

    Calif. Panel Backs Warner Bros.' Win In Writer's Film Theft Suit

    A California appeals court refused to revive a writer's lawsuit alleging Warner Bros.' film "Life of the Party" was a "cinematic clone" of her concept about a mother going to college with her daughter, ruling Monday the evidence shows the film was independently created without knowledge of the plaintiff's ideas.

  • July 01, 2025

    Justices Face Busy Summer After Nixing Universal Injunctions

    The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.

  • July 01, 2025

    Judge Tosses Teva Suit Over Generic Drug Patent Deal

    An Indiana federal judge has thrown out a lawsuit brought by generic-drug maker Teva Pharmaceuticals USA Inc. alleging Eli Lilly and Co. breached a settlement agreement over the osteoporosis drug Forteo, saying Eli Lilly's promise to waive exclusivity for Teva ended when its patents for the drug expired.

  • July 01, 2025

    OpenAI Accused Of Using Pirated Works, 'Shadow Libraries'

    Authors hit OpenAI and its investor Microsoft with a putative class action alleging that the artificial intelligence company used written works from "shadow libraries" to train its generative AI machines, saying the use of the pirated IP negates any claim of fair use.

  • July 01, 2025

    $70M Verdict Boosts TriZetto's Trade Secrets Award To $370M

    A New York federal jury has concluded that the TriZetto Group, a healthcare software company, is entitled to nearly $70 million in compensatory damages due to Syntel Inc.'s copyright infringement and trade secret theft, bringing the total award for TriZetto to $370 million following a damages retrial.

  • July 01, 2025

    Apple Hit With $111M Patent Verdict In Delaware

    A Delaware federal jury has found that Apple owes more than $110.7 million for infringing a Spanish company's wireless communications systems patent with the tech giant's products, including mobile phones and tablets.

  • July 01, 2025

    Axing Lit Funding Tax Bid Relieves Industry But Fears Remain

    Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.

  • July 01, 2025

    Weil Patent Pro Jumps To WilmerHale In Silicon Valley

    WilmerHale is expanding its intellectual property team, announcing Tuesday that it is bringing on a longtime Weil Gotshal & Manges LLP patent expert as a partner in its Silicon Valley office.

  • July 01, 2025

    Fantasy Sports Site Drops IP Suit Against DraftKings Director

    Fantasy sports platform PrizePicks has agreed to drop a trade secret suit accusing its former social media director of using his personal ChatGPT account to smuggle out company secrets when he took a new position at DraftKings.

  • July 01, 2025

    1st Female Harlem Globetrotter Sues Team Over Apparel Sales

    Lynette Woodard, the first woman to ever play for the Harlem Globetrotters, has sued the famed exhibition basketball team over sales of merchandise bearing her name, telling a New York federal court that the club sold the goods without her permission and without compensating her.

  • July 01, 2025

    Judge OKs Perplexity 'Comet' Browser Launch Amid TM Fight

    Perplexity AI can go forward with launching a search engine called "Comet" amid a trademark infringement challenge by Comet ML Inc., but the artificial intelligence giant can't encroach on the other company's market territory, a California federal judge said Monday.

  • July 01, 2025

    Pool Co. Can Sell Off Inventory On Amazon Despite Sales Ban

    A bankrupt swimming pool equipment company can sell off its remaining inventory on Amazon notwithstanding a contempt order that largely bans its Chinese parent company from selling products in the United States, a North Carolina federal judge has ruled.

  • July 01, 2025

    Gilstrap Slams Carmakers And Patent Owner But Allows Stay

    U.S. District Judge Rodney Gilstrap chided two automakers and a company suing over alleged patent infringement for what he said was strategic wasting of the court's resources in the timing of a request to pause the case, but still granted the motion.

  • July 01, 2025

    Groups Urge Fed. Circ. To Stop USPTO Retroactive Denials

    Advocacy groups in the communications, automotive and technology fields have thrown their support behind Motorola's challenge of the U.S. Patent and Trademark Office's decision to retroactively apply a decision withdrawing earlier guidance on when the Patent Trial and Appeal Board should not review patent challenges.

  • July 01, 2025

    Fed. Circ. Won't Revisit Jepson Claim Ruling In Xencor IP Case

    The Federal Circuit won't rethink the U.S. Patent and Trademark Office's decision rejecting Xencor's application for an antibody patent that used the so-called Jepson claim format.

  • June 30, 2025

    Fed. Circ. Faults PTAB Ax Of Patent On Bausch Eye Drops

    The Federal Circuit ruled Monday that the Patent Trial and Appeal Board wrongly invalidated all the claims of a patent that Bausch & Lomb licenses for its Lumify eye drops, saying the board used an incorrect claim construction when siding with generics maker Slayback Pharma.

  • June 30, 2025

    Allergan Botox Patent Fight Headed To July Trial In Del.

    Allergan's lawsuit accusing two biotechnology companies of infringing patents related to Botox products is headed to trial in July after a Delaware federal judge rejected the parties' summary judgment arguments Monday.

  • June 30, 2025

    Genentech Says Biogen Owes $122M Royalties As Trial Opens

    Genentech Inc. told a California federal jury Monday that Biogen MA Inc. owes $122 million in royalties for supplies of Biogen's multiple sclerosis drug that it manufactured before Genentech's patent expired in December 2018, while Biogen said the companies' licensing agreement doesn't require royalties for drugs sold after the patent expired.

  • June 30, 2025

    Deja Vu? MGA, T.I. Appear Headed For 4th OMG Doll Trial

    Clifford "T.I." Harris and Tameka "Tiny" Harris may be headed toward a fourth trial against MGA Entertainment Inc. after a California federal judge indicated Monday he might toss a jury's $53.6 million punitive damages award finding the toy giant willfully infringed the OMG Girlz pop group's trade dress.

  • June 30, 2025

    Tillis, Senate IP Leader, Announces Retirement

    The U.S. Senate's leader on intellectual property issues, Sen. Thom Tillis, R-N.C., has announced his retirement shortly after coming out against the Republicans' spending bill, with blowback from President Donald Trump.

  • June 30, 2025

    Supreme Court May Shape Future Of ISP Liability In Cox Case

    The U.S. Supreme Court's decision Monday to take on a $1 billion battle between major music publishers and Cox Communications Inc. could set new liability boundaries for internet service providers that have faced significant damages for allegedly not curbing users who repeatedly download songs illegally.

  • June 30, 2025

    NRA Pushes To Move Florida Lobbyist's Suit To Virginia Court

    The National Rifle Association has asked a Florida federal court to transfer its former longtime lobbyist's lawsuit alleging wrongful use of her image out of state, arguing that she previously agreed to bring any legal actions involving the parties to courts in Virginia.

Expert Analysis

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • 3 Mistakes To Avoid In Service Provider AI Terms

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    Every service provider contract doesn't need extensive artificial intelligence provisions, because when poorly drafted, they create impracticable obligations, miss important distinctions and may reflect wrong understanding of the law, says Chris Wlach at Huge Inc.

  • DOJ Policy Shifts May Resurrect De Facto 'China Initiative'

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    The U.S. Department of Justice's recently unveiled white collar enforcement strategy seemingly marks a return to a now-defunct 2018 policy aimed at combating national security concerns with China, and likely foretells aggressive scrutiny of trade and customs fraud, sanctions evasion, and money laundering, say attorneys at BakerHostetler.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Rebuttal

    Forced Litigation Funding Disclosure Threatens Patent Rights

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    A recent Law360 guest article argued that courts should adopt stronger disclosure requirements for third-party litigation funding, but rather than enabling fairness or transparency, such measures would only undermine patent holders' access to capital and weaken their ability to assert valid patent rights, says Anup Misra at Curiam Capital.

  • Measuring The Impact Of Attorney Gender On Trial Outcomes

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    Preliminary findings from our recent study on how attorney gender might affect case outcomes support the conclusion that there is little in the way of a clear, universal bias against attorneys of a given gender, say Jill Leibold, Olivia Goodman and Alexa Hiley at IMS Legal Strategies.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

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    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

  • Fed. Circ. In April: Introducing New Evidence During IPR

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    The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.

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