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June 27, 2025
Trump Urges Court To Push Bob Woodward Suit Forward
President Donald Trump asked a Manhattan federal judge to move forward with his case against Simon & Schuster and Bob Woodward over the investigative reporter's audiobook, saying the lengthy delays in resolving a pending motion to dismiss have put Trump in an untenable position.
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June 27, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the British Basketball Federation sued by members of the men's professional basketball league for alleged competition breaches, songwriter Coco Star file an intellectual property claim against Universal Music Publishing, and the Solicitors Regulation Authority file a claim against the Post Office amid ongoing investigations into law firms linked to the Horizon IT Scandal. Here, Law360 looks at these and other new claims in the U.K.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
OpenAI Loses Data Hold Round In News Orgs' Copyright Fight
A Manhattan federal judge on Thursday refused to overturn a ruling that directed OpenAI to preserve ChatGPT logs in ongoing copyright infringement litigation brought by news organizations against the company and Microsoft, after hearing an hourslong "tutorial" about the ins and outs of generative artifical intelligence.
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June 26, 2025
Stewart Clarifies Settled Expectations In Denying Intel IPRs
Leaders at the U.S. Patent and Trademark Office discretionarily denied 13 more petitions for inter partes review on Thursday, where the acting director offered more guidance on how she's deciding when a patent owner can rest on settled expectations that its patent wouldn't be challenged.
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June 26, 2025
Fleet Tech Co. Wins Nearly $29M In Trade Secret Theft Trial
An Illinois jury awarded fleet management technology firm Sonrai Systems LLC more than $28.9 million Thursday, finding a garbage truck manufacturer the company had worked with had poached an executive and used confidential information he stole to develop a competing product.
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June 26, 2025
Italian Winery Claims $53M Loss From Importer's Interference
The Italian maker of Kris wine is suing its former importer in California federal court on claims that it asserted exclusive rights to the brand and sabotaged new deals after their agreement was terminated, saying the U.S. company breached an arbitration award and caused more than $53 million in damages.
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June 26, 2025
Kirkland Stops Repping Novartis After Regeneron Sought DQ
A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma's legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an "unthinkable" conflict of interest by the lawyers, whose firm previously represented Regeneron.
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June 26, 2025
College Apparel Co. Forever Barred From Using Penn St. TMs
A federal court has permanently barred a Washington-based print-on-demand company from selling merchandise with Pennsylvania State University's name or certain trademarked logos, though it stopped short of banning anything "substantially similar" or making the company pay the school's attorney fees.
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June 26, 2025
Stewart Issues Guidance For Rejecting Parallel IPR Petitions
The acting head of the U.S. Patent and Trademark Office has thrown out the Patent Trial and Appeal Board's decisions to start two reviews of a patent on protecting computers from malicious activity, saying the board needs to decide whether to take on just one of the challenges.
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June 26, 2025
Lawmakers Object To USPTO Reneging On Atlanta Hub Plan
A group of federal lawmakers from Georgia has written to the acting director of the U.S. Patent and Trademark Office to ask why it no longer plans to launch an outreach office in Atlanta and instead plans to open one at its current headquarters in Alexandria, Virginia.
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June 26, 2025
Judge Tosses Biogen MS Drug Antitrust Suit, For Now
An Illinois federal court tossed a proposed class action accusing Biogen of reducing competition for its multiple sclerosis drug Tecfidera through payments to pharmacy benefit managers, after finding that only some drug pricing lists would have been affected.
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June 26, 2025
Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row
A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.
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June 26, 2025
Garmin Seeks Escape From Fitness Tracker IP Suit
Garmin International Inc. has asked a Michigan federal judge to throw out a patent infringement suit brought by Israeli wearable tech firm CardiacSense Ltd. or at least pause the case while the Patent Trial and Appeal Board reviews the patents-in-suit.
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June 26, 2025
Fed. Circ. Pushed To Rethink Part Of Samsung Win In IP Row
The owner of a patent on stylus detection technology wants the Federal Circuit to rethink part of a May panel decision handing Samsung a win in a challenge to the patent, saying the court should instead affirm part of a Patent Trial and Appeal Board in its favor.
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June 26, 2025
Marketing Co. Fights For TM Case As X Corp. Seeks Sanctions
Legal marketing firm X Social Media LLC told a Florida federal judge that its claims that Elon Musk's decision to rebrand the social media platform he owns from Twitter to X poses a risk of consumer confusion should be left to a jury, while Musk's company accused the marketing firm of case delays worthy of sanctions.
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June 26, 2025
Craft Co. Brings IP, Defamation Suit After Facebook Comment
A Wisconsin crafting company filed infringement claims against a competing firm over three patents on magnetic hoops used to hold fabric taut while it is being embroidered and accused its owner of defamation after he allegedly told people those patents had not actually been granted.
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June 25, 2025
Stewart, APJ Leader Discretionarily Deny 33 More Petitions
The acting U.S. Patent and Trademark Office director rejected 21 petitions for Patent Trial and Appeal Board reviews on Wednesday, and the board's acting deputy chief judge denied another 12 where the acting director recused herself for the first time.
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June 25, 2025
Fed. Circ. Keeps Qualcomm, Apple IP Suit In Texas
The Federal Circuit rejected a petition from Qualcomm and Apple challenging U.S. District Judge Alan Albright's refusal to transfer patent litigation against the two tech giants from Texas to California, saying the companies hadn't met the "demanding standard" to show a "clear abuse" of discretion by the judge.
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June 25, 2025
Full Fed. Circ. Won't Review ITC Marketing Decision
The full Federal Circuit on Wednesday rejected the U.S. International Trade Commission's call to reconsider a panel's holding that sales, marketing and similar expenditures can satisfy domestic industry requirements.
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June 25, 2025
Cigna Says Bristol-Myers Delayed Cancer Drug Generic
Cigna has launched an antitrust suit in New York federal court accusing Bristol-Myers Squibb Co. and its Celgene subsidiary of fraudulently obtaining patents, filing sham litigation and paying off generic-drug makers to maintain a monopoly on their blockbuster blood-cancer drug Pomalyst.
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June 25, 2025
Fed. Circ. Backs HP Unit's Alice Win In California
The Federal Circuit refused to revive a lawsuit accusing HP unit Polycom of infringing a multimedia communication patent, backing a California federal judge's finding that the patent wasn't valid to begin with.
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June 25, 2025
Fed. Circ. Won't Revive Inventor's Patent Suit Against Google
The Federal Circuit on Wednesday denied a bid to revive a patent infringement case from a man who says Google's products use aspects of his threat-detection technology.
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June 25, 2025
Copyright Office Won't Collapse Sans Perlmutter, Trump Says
The Trump administration has said the fired leader of the U.S. Copyright Office has not shown that the agency's operations "will grind to a halt" if she is not immediately reinstated and asked a D.C. federal judge to reject her motion for a preliminary injunction.
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June 25, 2025
Meta Beats 'Half-Hearted' Harm Args In AI Fair Use Suit
A California federal judge concluded Wednesday that it was fair for Meta Platforms Inc. to train its Llama large language models with 13 bestselling authors' copyrighted material without their permission, calling their arguments that the tech giant's use of their works would harm the market for their books "half-hearted."
Expert Analysis
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Patenting AI And Machine Learning In The Wake Of Recentive
Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.
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Trade Secrets Would Likely See Court Protection From GenAI
The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.
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5 Tribunals' Rules To Help Patent Litigators Avoid AI Disasters
Tech-savvy patent litigators are uniquely poised to stay current on the latest developments in artificial intelligence, such that courts may have even higher expectations for their compliance with AI rules, including the standing orders of several patent-heavy fora, say attorneys at Finnegan.
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Unpacking Copyright Office's AI Report Amid Admin Shakeups
Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Trending At The PTAB: The Influence Of Litigation Arguments
Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Opinion
UK Court Of Appeal's FRAND Ruling Is Troubling
The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.