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Intellectual Property
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July 22, 2025
EU Deepens Look Into Universal Music $775M Downtown Deal
European Union antitrust enforcers kicked off an in-depth probe Tuesday into Universal Music Group's bid to buy Downtown Music Holdings, raising concerns that the $775 million transaction could give UMG access to the "commercially sensitive data of its rival record labels" held by Downtown.
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July 21, 2025
Intel, VLSI Clash Over Ownership Verdict Effect In Patent Fight
VLSI Technology argued Monday that a federal jury's finding that Fortress Investment Group controls it and Finjan Holdings doesn't save Intel Corp. from a patent infringement case against the technology giant, while Intel asserted the exact opposite.
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July 21, 2025
Novartis Can't Block Generic Entresto Amid TM Feud Appeal
The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.
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July 21, 2025
Perplexity Says 'Comet' Marks Should Be Axed For Fraud
Perplexity AI, the maker of the "Comet" search engine, fired off a counterattack against Comet ML's trademark infringement suit, asking a California federal judge Friday to cancel the software company's "comet" registrations over concerns they were fraudulently procured.
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July 21, 2025
Copyright And TM Cases To Watch In The Second Half Of 2025
The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.
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July 21, 2025
USPTO Standardizes Timeline For Setting PTAB Filing Dates
The U.S. Patent and Trademark Office announced Friday that it will now issue orders establishing the filing dates of Patent Trial and Appeal Board petitions within 14 days of the filings, saying that will provide more clarity about the deadlines in each case.
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July 21, 2025
PTAB Head Judge Reverses Grant Of Samsung, Google IPRs
A head Patent Trial and Appeal Board judge on Thursday reversed panel decisions that had agreed to review patents challenged by Samsung and Google, saying that the pace of related district court proceedings favored skipping the petitions from the big technology companies.
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July 21, 2025
Sens. Float Bill To Protect Against AI Data Piracy
Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.
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July 21, 2025
Ex-Judges Call SAP Hypocritical In 'Self-Serving' Fintiv Appeal
Retired Federal Circuit Judges Randall Rader and Kathleen O'Malley are urging their former court to reject SAP America Inc.'s challenge to how the U.S. Patent and Trademark Office is implementing new policies, saying the agency is acting within its limits and that SAP is selfishly contradicting arguments it previously made at the U.S. Supreme Court.
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July 21, 2025
Ky. AG Sues Temu For 'Stealing' User Data
Kentucky Attorney General Russell Coleman has brought a lawsuit in state court against Chinese bargain-shopping app Temu, accusing it of illegally "stealing" customer data without their knowledge and allowing the Chinese Communist Party to access the information.
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July 21, 2025
Jury Axes Patent In Fight Between Railcar Scale Cos.
A Houston federal jury has cleared a company that services scales for railroad cars of infringing 15 claims in a patent suit brought by a competitor, saying the patent was invalid because it was obvious and anticipated through prior art.
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July 21, 2025
Microsoft Gets PTAB To Knock Out 2 Proxense Patents
The Patent Trial and Appeal Board has found that Microsoft was able to prove that all the claims across two patents owned by an Oregon startup that has sued the technology giant for infringement were invalid.
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July 21, 2025
NCAA Says Ohio NIL Case Ruling Ends NC Spat
The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.
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July 21, 2025
GlobalFoundries Faces $9.2M Verdict In Chip Patent Trial
A Texas federal jury has found that semiconductor maker GlobalFoundries Inc. infringed a patent belonging to Texas-based competitor Katana Silicon Technologies LLC and owes $9.2 million.
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July 21, 2025
Fed. Circ. Affirms Motorola Win In Camera Patent Suit
A prominent Taiwanese manufacturer of smartphone camera lenses has failed to convince the Federal Circuit that the Patent Trial and Appeal Board wrongly found one of its patents challenged by Motorola to be invalid.
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July 21, 2025
Baker McKenzie Brings Back IP Ace In Dallas
Baker McKenzie announced Monday that it has fortified its intellectual property offerings in Dallas with a partner who is rejoining the firm from Forrest Weldon Law Group LLP.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Simon & Schuster, Bob Woodward Defeat Trump Suit, For Now
A New York federal judge Friday threw out President Donald Trump's suit against Simon & Schuster and Bob Woodward over the investigative reporter's "The Trump Tapes," refusing to find that Trump is a joint author of the audiobook but giving him the opportunity to take another stab at his complaint.
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July 18, 2025
Allergan Wins $56M In Patent Trial Over Revance Botox Rival
A Delaware federal jury Friday awarded Allergan $56 million in damages when finding in favor of the Botox maker in a patent suit over Revance's Botox competitor, Daxxify, rejecting Revance's contention that claims from three Allergan patents were invalid.
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July 18, 2025
USPTO Calls On Fed. Circ. To Reject Fight Over Fintiv Policy
The U.S. Patent and Trademark Office urged the Federal Circuit on Friday to reject allegations that its handling of policies governing Fintiv-based discretionary denials violates due process, claiming SAP America Inc. is just upset that its Patent Trial and Appeal Board challenges were rejected.
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July 18, 2025
Stewart Issues Discretion Decisions For 56 More Petitions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.
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July 18, 2025
Ohio State, NCAA, Big Ten Beat Ex-QB's NIL Suit
Ohio State University, the NCAA, the Big Ten Conference Inc. and a media rights licensing company have dodged an antitrust suit from former Buckeye star quarterback Terrelle Pryor alleging they monopolized profits on athletes' names, images and likenesses while denying them compensation.
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July 18, 2025
MSN Urges Fed. Circ. To Allow Launch Of Generic Entresto
MSN Pharmaceuticals asked the Federal Circuit on Friday to lift a temporary injunction and allow the company to launch a generic version of the blockbuster heart drug Entresto, a move MSN says would benefit the public by reducing costs for Medicare and Medicaid.
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July 18, 2025
Fed. Circ. Frees Medtronic From $125M Patent Judgment
The Federal Circuit on Friday overturned a more than $125 million judgment against Medtronic's CoreValve unit for infringing a Colibri Heart Valve LLC patent, saying changes made to the patent during examination mean that Medtronic should not have been found to infringe.
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July 18, 2025
Mattel Says Overseas Counterfeiters Ripping Off Uno Game
Barbie and Hot Wheels maker Mattel Inc. has filed counterfeiting claims in Illinois federal court against foreign retailers that the company says are selling knockoff versions of its popular Uno card game.
Expert Analysis
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Vape IP Ruling Shows Stark Contrast Between ITC And Courts
The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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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.