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Intellectual Property
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August 08, 2025
Fed. Circ. Undoes LG's $14M Trial Loss, Invalidating Patent
The Federal Circuit on Friday scrapped a $14 million judgment against LG Electronics Inc. for infringing a Mondis Technology Ltd. patent covering a computer display technology, deeming the patent invalid based on an inadequate written description.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Judge Tosses $150M Royalties Suit Against SiriusXM
A Manhattan federal judge has dismissed a suit against SiriusXM from a nonprofit royalty collector alleging $150 million in unpaid royalties, saying the dispute cannot be litigated under a certain section of the Copyright Act.
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August 08, 2025
Stewart Rejects 8 IPR Petitions While Overriding May Denial
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.
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August 08, 2025
Google Loses Bid To Send Patent Case From WDTX To Calif.
A Western District of Texas magistrate judge has refused to ship to California a lawsuit accusing Google of infringing patents covering ways to safely do financial transactions on a mobile device, finding the tech giant failed to show the Golden State was more convenient.
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August 08, 2025
Buchanan Ingersoll Hires Section 337 Leader From Polsinelli
Buchanan Ingersoll & Rooney PC has brought on as shareholder an international trade attorney from Polsinelli PC to lead its International Trade Commission Section 337 practice, the firm has announced.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.
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August 08, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the U.S. Securities and Exchange Commission target a British investor over a $10 million microcap fraud scheme, Merck Sharp & Dohme move against Halozyme Inc. following a recent clash over its patented cancer medicine, and Birmingham City Council sue a school minibus operator years after ending its contract over DBS check failures. Here, Law360 looks at these and other new claims in the U.K.
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August 07, 2025
Settlement Ends Lashify Patent Case After Fed. Circ. Ruling
Eyelash extension maker Lashify and a company it accused of patent infringement have reached a settlement, according to a Thursday filing at the U.S. International Trade Commission, after the Federal Circuit used the case to relax rules on filing suits at the ITC.
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August 07, 2025
9th Circ. Says Attys Can't Get $920K Fees For $8K Trial Win
The Ninth Circuit affirmed a lower court's decision Thursday to deny a request of over $920,000 in attorney fees from the creator of two strategic problem-solving charts following her jury trial win of $8,000 in a copyright infringement case, saying the district court property articulated the reasons for the denial.
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August 07, 2025
Fintiv Says Apple's 'Trojan Horse' Stole Mobile Wallet Tech
Fintiv Inc. upped the ante Wednesday in its mobile wallet technology litigation against Apple Inc., accusing it in a new lawsuit of "theft and racketeering of monumental proportions" just days after a Texas federal judge called off a looming patent trial between the companies.
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August 07, 2025
Music Publishers Denied Anthropic User Info In AI Case
A California federal judge on Thursday denied a request from music publishers for the names of people who used Anthropic PBC's generative text tool Claude to get copyrighted lyrics, saying she was not persuaded that production of personal third-party user information was needed for the infringement litigation.
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August 07, 2025
PTAB Knocks Out Nike Patent From $355K Trial Victory
A Nike footwear manufacturing patent at the heart of a $355,450 damages verdict in an infringement case against athletic apparel maker Lululemon is invalid, the Patent Trial and Appeal Board has found.
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August 07, 2025
NFL, Hall Of Fame Sued Over 'Gold Jacket' Trademark
The estate of the man who created the iconic Gold Jacket presented to NFL's Pro Football Hall of Fame inductees has sued the organization, the league and others in Florida federal court over allegedly infringing the trademark and trade dress of the blazer and other alumni-related marks.
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August 07, 2025
USPTO's Chief Information Officer Leaves Agency
The U.S. Patent and Trademark Office's chief information officer is departing the agency for a job in the private sector, and the deputy CIO is stepping up to fill the position, a spokesperson confirmed to Law360 on Thursday.
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August 07, 2025
BioNTech's Acquisition Of CureVac Ends COVID Vax Case
CureVac's case alleging Pfizer and BioNTech infringed patents related to messenger RNA technology is set to be dismissed after BioNTech announced in June that it would be acquiring CureVac, canceling what would have been the first-ever trial over COVID-19 vaccine patents in the U.S.
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August 07, 2025
'Cardiac Pack' IP Suit Is Decades Too Late, NC Judge Says
A North Carolina state court on Thursday dismissed a lawsuit brought by 12 members of North Carolina State University's 1983 "Cardiac Pack" basketball team alleging that the NCAA unduly profited from their name, image and likeness by rebroadcasting footage from their national championship run.
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August 07, 2025
Connecticut Litigation Highlights In The 1st Half Of 2025
Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.
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August 07, 2025
5th Circ. Denies Fees For Activision After Call Of Duty TM Win
The Fifth Circuit has found a Texas federal judge did not abuse his discretion when he denied video game publisher Activision's request for attorney fees after defeating a trademark infringement suit brought by a former professional wrestler.
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August 07, 2025
Novartis Faces $291M Trade Secrets Suit From Hedge Fund
A hedge fund on Thursday accused Novartis, a former investment executive and the executive's longtime friend and business partner of scheming to steal its "innovative hedge fund strategy" after an investment deal between the biotech giant and the hedge fund went south.
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August 07, 2025
PTAB Ordered To Explain Invalidation Of Car Inspection Patent
The Federal Circuit on Thursday faulted the Patent Trial and Appeal Board for invalidating claims in a patent for a radiation-based vehicle inspection system, saying the board's "conclusory assertions and lack of explanation or reasoning" prevent the appeals court from giving its decision a meaningful review.
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August 07, 2025
Bacardi Can't Stymie Rum TM Renewal, USPTO Tells 4th Circ.
The U.S. Patent and Trademark Office told the Fourth Circuit its former director was right to renew a Cuban company's expired trademark registration for Havana Club rum after the company got retroactive approval to pay the registration fee, even if beverage giant Bacardi said it was too late.
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August 07, 2025
CoStar Asks Full 9th Circ. To Revisit Antitrust Ruling For Rival
Commercial real estate information company CoStar Group Inc. and a subsidiary are urging the Ninth Circuit to reconsider its ruling reviving antitrust counterclaims lodged by rival Commercial Real Estate Exchange Inc., which CoStar has accused in a suit of stealing property listing data and copyrighted photos.
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August 07, 2025
Housing Advocates Say Opponents Stole Name For PAC
A housing advocacy nonprofit in the Boston suburb of Newton say that opponents of a zoning measure appropriated its name, "Newton for Everyone," for a political action committee to fund candidates opposing the plan, violating its trademark rights and other laws.
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August 07, 2025
Fed. Circ. Affirms PTAB Ax Of Bone Fusion Device Patents
The Federal Circuit on Thursday upheld Patent Trial and Appeal Board rulings that invalidated claims in a pair of Stryker Corp. patents for a surgical implant that a Berkshire Hathaway-owned rival had challenged.
Expert Analysis
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.