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Intellectual Property
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August 27, 2025
Atty Ordered To Pay $652K In Sanctions For TM Trial Conduct
A California federal judge has ordered an attorney to pay $652,000 of a $1.8 million sanction against a microphone manufacturer he represented that lost a trade dress infringement trial, saying the lawyer had repeatedly misrepresented the terms of a stipulation in a prior case to pursue his legal theory.
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August 27, 2025
Personal Injury Firm Accuses Rival Of 'Bait And Switch'
A Boston personal injury firm facing claims it ripped off another firm's marketing plan launched a countersuit claiming that the rival is using an illegal business model and lying to try to stop a growing competitor.
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August 26, 2025
Teradata Asks High Court To Stay Out Of SAP Tying Fight
The U.S. Supreme Court should let sitting dogs lie when it comes to a Ninth Circuit decision reviving tying claims brought by data analytics giant Teradata against a German rival and software maker and just let the matter head to trial, according to the U.S.-based Teradata.
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August 26, 2025
Fed. Circ. Agrees To Compromise In Fintiv Appeal Extension
The U.S. Patent and Trademark Office will have extra time to respond to Google and Samsung's challenge to its Fintiv policy, but not as much as it wanted the Federal Circuit to provide, the court ruled Tuesday.
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August 26, 2025
Disney Prevails In Multimedia Patent Challenge At PTAB
The Patent Trial and Appeal Board has sided with Disney in its challenge to claims in a patent for marketing and distributing multimedia, finding that prior inventions rendered the claims too obvious for patent protection.
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August 26, 2025
Expert Sees No 'Ugly House' Mixup In Warner Bros. IP Case
During the second day of trial in Delaware federal court, a trademark litigation survey expert testified she found no public confusion with respect to Warner Bros. Discovery Inc.'s "Ugliest House in America" series and HomeVestors Inc.'s house-flipping business and "Ugliest House of the Year" campaign.
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August 26, 2025
How This Firm Hit Its Stride With 9-Figure Patent Verdicts
When several Russ August & Kabat attorneys secured a $122 million jury verdict for a client in an advertising patent infringement case against Amazon last summer, they kicked off a streak of nine-figure verdicts for the firm, including a $175 million win last month in front of a Texas federal jury.
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August 26, 2025
Pot Co. Can't Escape Rolling Paper Co.'s 'Juicy' TM Suit
A Colorado federal judge rejected a cannabis company's motion to dismiss Tuesday after finding unconvincing the company's claims that it's allowed to sell cannabis products which use the "Juicy" and "Raw" trademarks owned by a tobacco company because of an inability for anyone to file federal trademarks for either brand relating to marijuana products.
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August 26, 2025
AI Copyright Licensing Is Helping To Fuel Tech's Evolution
While courts wrestle with fair use questions around artificial intelligence training, legal experts say the growing number of licensing deals between tech companies and copyright owners is setting market norms for accessing the troves of content needed across rapidly evolving AI applications.
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August 26, 2025
Fed. Circ. Backs Original Filer In First-Ever Derivation Ruling
The Federal Circuit clarified the differences between derivation and interference proceedings on Tuesday while affirming that a podiatrist didn't derive his wound treatment patent application from a former collaborator.
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August 26, 2025
Golf Teachers' Org Looks To Arbitrate Trademark Dispute
A U.S.-based organization that trains and certifies golf teaching professionals urged a Florida federal court to order its Chinese counterpart to arbitrate a trademark dispute, saying the Hong Kong-based group is misusing its logos and selling unauthorized merchandise.
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August 26, 2025
Artist Seeking Copyright Of AI Image Equates Use To Cameras
A Colorado man who used artificial intelligence to create an image that won an art award at a state fair told a federal judge that he should be allowed to copyright the image just as those who used technology such as cameras and cellphones had been allowed to copyright their works.
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August 26, 2025
Anthropic, Authors Reach Deal In AI Copyright Cases
Artificial intelligence developer Anthropic said Tuesday it has inked a deal to end copyright litigation from authors who allege that their works were illegally obtained to train the company's large language model, Claude.
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August 26, 2025
'Belief' Insufficient For Trade Secrets Claims, NC Biz Judge Says
A trio of healthcare and real estate companies couldn't secure a preliminary injunction meant to prevent their former CEOs from disclosing or using alleged trade secrets, as North Carolina's business court ruled the amended complaint relied too heavily "on information and belief."
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August 26, 2025
2nd Circ. OKs Tossing HR Biz TM Suit Over Ownership Issue
The Second Circuit dismissed Tuesday a trademark infringement lawsuit brought against human resources services provider Rippling by competitor Ripple Analytics, saying a lower court was right to dismiss the case since Ripple's CEO was the actual owner of the trademark at issue, not his company.
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August 26, 2025
Dallas IP Atty Joins Spencer Fane From Wick Phillips
Spencer Fane LLP announced that an intellectual property attorney with nearly 20 years of experience has joined the firm's Dallas office as a partner from Texas firm Wick Phillips.
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August 26, 2025
Texas Injury Firm Says Ex-Atty's Rival Firm Copied Slogan
A Houston personal injury attorney has accused a former employee of opening a rival law firm and copying its longtime slogan.
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August 26, 2025
Japanese Newspapers Sue Perplexity AI Over Content Use
Two large Japanese newspapers said Tuesday they are suing Perplexity AI Inc., alleging the company ignored their ban on unauthorized use of their content by running a generative artificial intelligence model that spits out copyrighted material.
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August 26, 2025
NY Firm Must Face Malpractice Claims Over Patent Fight
A New York real estate and business law firm must face a negligence claim lodged by a medical research and development company arguing that the firm's incompetence led it to lose a patent licensing dispute.
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August 26, 2025
Wonderland Gets ITC To Eye Car Seat Imports Over Patents
The U.S. International Trade Commission said it will look into allegations that a U.S. arm of children's products maker Dorel Industries and a series of Chinese companies flouted federal law by importing car seats that Wonderland Switzerland AG said infringed its patents.
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August 26, 2025
MLB Players, DraftKings Eyeing IP Suit Settlement
An MLB players association and sports betting company DraftKings Inc. are engaged in settlement talks to resolve claims that the athletes' images are being used without permission to promote the gambling platform, according to a recent court filing.
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August 26, 2025
Fed. Circ. Faults Tribunal Over F-Word TM Denial
A split Federal Circuit panel on Tuesday vacated a trademark tribunal's refusal to register the F-word, saying in a precedential opinion that the decision below lacked sufficient clarity regarding why some commonplace words can function as trademarks while others cannot.
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August 25, 2025
Eli Lilly Settles Feud With Clinics Over TM Infringement
Eli Lilly & Co. has come to terms with two clinics that it sued in Washington federal court for trademark infringement after accusing them of tricking customers into thinking they were buying brand name versions of weight loss medications Mounjaro and Zepbound.
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August 25, 2025
Empire Sues AT&T, Lenovo After $12.5M IP Win Over Samsung
With a $12.5 million jury verdict against Samsung under its belt, Empire Technology Development has launched a pair of mobile technology patent infringement suits against AT&T and Lenovo in the same court.
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August 25, 2025
Kong Toy Co. Owners Clash Over Alleged Deal Violations
Five attorneys traded accusations of secret power plays and cash grabs Monday at the start of the bench trial in Colorado state court between the co-owners of the dog toy maker Kong Co. LLC.
Expert Analysis
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Best Practices For Companies Integrating Existing IP With AI
Some copyright owners are exploring how they can make new content by combining their existing intellectual property assets with generative artificial intelligence, and although these initiatives can serve multiple business goals, those considering such practices should be aware they are entering largely uncharted waters, says Josh Weigensberg at Pryor Cashman.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Athletes Can Protect Their Signature Celebrations As IP
As copyright and trademark law adapts to short-form choreography and dynamic media, athletes and their business partners have new tools to protect the intellectual property embedded in their unique dances, poses and celebrations, say attorneys at Debevoise.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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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.