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June 20, 2025
Unsettling Expectations: Stewart Broadens Denials Again
The acting U.S. Patent and Trademark Office director has again held that patent owners eventually have the right to assume their patents won't be challenged in inter partes reviews, which many attorneys say is upsetting their understanding of how to navigate the Patent Trial and Appeal Board.
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June 20, 2025
High Court Urged To Rein In FDA Oversight Of Stem Cells
The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.
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June 20, 2025
Micron Can't Undo $445M Patent Loss Due To Biden Remarks
A Texas federal judge has rejected Micron's challenges to a $445 million verdict against it for infringing Netlist computer memory patents, including a claim that it was prejudiced by Netlist suggesting to a jury that Micron benefited from ex-President Joe Biden's policies.
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June 20, 2025
Fed. Circ. Revives MSN Challenge To Bausch IBS Drug Patent
The Federal Circuit has instructed the Patent Trial and Appeal Board to take another crack at evaluating the validity of a drug patent owned by Bausch Health Ireland Ltd., holding that the PTAB's initial decision lacked the detail needed to determine whether it was right or wrong.
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June 20, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Pogust Goodhead face legal action from mining giant BHP Group, Trainline bring a procurement claim against the Department for Transport, Sworders auction house sue Conservative peer Patricia Rawlings, and Nokia hit with a patents claim by Hisense. Here, Law360 looks at these and other new claims in the U.K.
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June 20, 2025
Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals
In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.
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June 20, 2025
Judge Denies Raw Story, AlterNet's Bid To Revive OpenAI Suit
A Manhattan federal judge has denied a request from AlterNet and Raw Story to reconsider the dismissal of their lawsuit accusing OpenAI of removing author and copyright information from material to train ChatGPT, saying the plaintiffs can appeal to the Second Circuit.
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June 20, 2025
Tech Firm Says AI Case Puts Patent Law At 'Breaking Point'
An analytics firm has told the Federal Circuit that a case involving machine learning patents pushes patent eligibility jurisprudence to "its breaking point," asking for the full circuit to hear the case after a panel ruled that its patents for using machine learning to schedule TV broadcasts were invalid.
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June 20, 2025
Nike, Shoe Surgeon Settle TM Suit Over Custom Sneakers
Nike has agreed to settle a trademark lawsuit it brought in New York against a Los Angeles-based sneaker customizing company called The Shoe Surgeon and others for direct and contributory infringement, with the defendants agreeing to pay an undisclosed sum to the sports apparel giant.
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June 20, 2025
Patent Suit Against Alibaba Dropped After Sanctions Bid
Cooperative Entertainment Inc. has ended its patent lawsuit against Alibaba Cloud US LLC after the latter company sought to have the case thrown out earlier this month as a sanction for what it said was "extreme" conduct by opposing counsel.
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June 20, 2025
Artist Accuses Hachette Of AI-Created Copyright Violations
A freelance artist accused Hachette Book Group of using artificial intelligence to create derivative book covers of copyrighted artwork he created for books authored by romance and thriller novelist Sandra Brown.
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June 18, 2025
Rapid-Fire Gun Trigger Maker Accuses Rival Of Infringing IP
Patent holder ABC IP LLP and gun trigger maker Rare Breed sued a gun company in Ohio federal court, accusing it of selling a "super safety" device that's infringing a patent related to a forced-reset trigger that speeds the rate of fire for AR-15-style firearms.
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June 18, 2025
Kumho Tire Says NC Seller Is Ripping Off Trademarks
Georgia-based tire maker Kumho Tire USA Inc. is going after an Amazon seller for alleged Lanham Act violations, saying North Carolina-based GE Tires Online Inc. is selling tires using its trademarks and branding them as new when they are "used, closed-out, liquidated, counterfeit, and/or nongenuine."
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June 18, 2025
Apple Gets PTAB To Ax All Claims Of Biometric Patent
The Patent Trial and Appeal Board has found that Apple proved that claims across a Proxense patent on biometric verification technology are invalid, holding that they were obvious.
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June 18, 2025
Fed. Circ. Blocks ITC Sanctions Appeal Without Import Tie
The Federal Circuit does not have jurisdiction to review whether the U.S. International Trade Commission properly denied Realtek's request for sanctions based on a third-party licensing agreement, as it has no bearing on the question of illegal imports, the court concluded Wednesday.
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June 18, 2025
Split 9th Circ. Partly Undoes Walmart Copyright Verdict
The Ninth Circuit on Wednesday reversed part of a jury's verdict that found Walmart had violated a sculptor's copyrights by selling knockoffs of her lamps, allowing the retail giant to escape paying her attorney fees for now.
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June 18, 2025
Chicago Trading Firm Accuses Rival Of Trademark Infringment
A Chicago-based futures prop trading firm filed a trademark infringement lawsuit against a competitor in Illinois federal court Tuesday, claiming its rival has adopted a nearly identical name and has used it to advertise very similar services "with the intention of deceiving and misleading the public."
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June 18, 2025
FDA Dodges Suit Over Ozempic, Wegovy Listing
The U.S. Food and Drug Administration was able to escape allegations that it catered to Big Pharma by nixing cheaper versions of the miracle weight loss drug Ozempic, after a Texas federal judge tossed a lawsuit from two compounding pharmacies.
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June 18, 2025
Judge Warns Overeager Samsung, ZTE Attys Not To Bug Staff
A California federal judge has issued a short, stern warning to counsel in Samsung's antitrust fight against ZTE over its standard essential patents' licensing practices, telling counsel not to contact court staff again about the status of their pending stipulation and noting "future improper communications to court staff may result in sanctions."
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June 18, 2025
Netflix Gets Fed. Circ.'s Backing In Streaming Patent Fight
The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board finding that invalidated claims in a streaming patent challenged by Netflix while also vacating the board's decision to decline to scrub other claims.
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June 18, 2025
News Orgs Urge Court To Stick With OpenAI Evidence Order
A group of news organizations has asked a Manhattan federal judge to reject OpenAI's request to terminate an order for it to retain output log data for user conversations with ChatGPT, saying the order is necessary to prevent the company from deleting further evidence in a case alleging news articles were improperly used to train the generative artificial intelligence model.
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June 18, 2025
Dorsey & Whitney Adds Patent Partner From Perkins Coie
Dorsey & Whitney LLP has grown its intellectual property offerings in Washington state with the addition of an experienced patent attorney from Perkins Coie LLP.
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June 18, 2025
Union Praises NY Bills On AI In Advertisements, Digital Rights
Entertainment labor union SAG-AFTRA has applauded the passage of two bills by the New York State Legislature that would require the disclosure of advertisements' use of artificial intelligence-generated performers and for permission to be obtained to use digital renderings of deceased performers in expressive works.
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June 18, 2025
NY Exterminator Says Its 'Black Widow' TM Is 'Incontestable'
A downstate New York pest exterminator on Wednesday urged a Connecticut federal judge to rule that a Constitution State competitor infringed its logo and confused customers, arguing it owns "valid, incontestable" trademarks that have been in use since 2003.
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June 18, 2025
Fed. Circ. OKs Google's PTAB Win In Sonos Patent Fight
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that claims in a Sonos music playback patent were invalid, handing a win to Google in a larger fight between the companies.
Expert Analysis
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How The USPTO Might Find A Path Forward After Job Cuts
Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.
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As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks
Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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AI Use Of Hollywood Works: The Case For Statutory Licensing
Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.
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Keys To Handling Digital Investigations In Pharma IP Litigation
In the high-stakes realm of pharmaceutical intellectual property litigation, efficient e-discovery and digital investigation workflows are essential to supporting strategic arguments, building defensible cases and proving that the requirements for market entry have been adequately met, says Jerry Lay at FTI Consulting.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Fed. Circ. In March: Forfeiting Claim Construction On Appeal
The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.