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Intellectual Property
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Featured
Squires' Revival Of Dormant Reexam Use Frustrates Attys
The U.S. Patent and Trademark Office director has initiated the reexamination of a Pokémon patent, a power that's only been used once in over a decade, leaving attorneys to question how this move fits into the agency's focus on settled expectations.
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November 07, 2025
Judge Denies Injunction Bid In Baby Carrier TM Fight
A Manhattan federal judge has denied a request for a preliminary injunction from a company suing a rival for trademark infringement in relation to baby carriers, saying she wasn't convinced that consumers were likely to be confused by the two products.
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November 07, 2025
Philly-Area Nightclub Sued For Using Models' Photos
A group of professional models has filed a lawsuit against a suburban Philadelphia nightclub Friday alleging images of the models were misappropriated and inserted into the venue's promotional materials without their permission.
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November 07, 2025
Merck Wins PTAB Fight Over Blockbuster Drug, Again
Another cancer treatment patent owned by Johns Hopkins University and challenged by a Merck & Co. Inc. subsidiary didn't pass muster with the Patent Trial and Appeal Board, which on Thursday invalidated seven claims in the patent that's at issue in a disagreement between the parties.
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November 07, 2025
Proskauer Hires White & Case Antitrust Partner In DC
Proskauer Rose LLP has brought on a White & Case LLP antitrust partner to its litigation department in Washington, D.C.
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November 07, 2025
Fed. Circ. Wary Of Reviving Express Mobile's $40M Win
Express Mobile Inc. didn't appear to persuade a panel of the Federal Circuit Friday that a Delaware federal judge erred in overruling a jury's $40 million infringement verdict against Shopify Inc. based on concerns about expert testimony.
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November 07, 2025
Michigan Candidate Wants Campbell's Co. TM Suit Tossed
Michigan congressional candidate Shelby Nicole Campbell has asked a federal court to dismiss a trademark lawsuit brought by The Campbell's Co. over campaign materials that showed a soup can saying "Campbell for Congress" with the soup company's iconic design, arguing that her use of the design was not commercial in nature and presented no likelihood of confusion.
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November 07, 2025
Federal Circuit Upholds PTAB Rulings Favoring Uber
The Federal Circuit on Friday refused to restore claims in a pair of patents used to track individuals, leaving in place Patent Trial and Appeal Board decisions that Uber showed the claims were invalid.
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November 07, 2025
GoDaddy Hit With $170M Verdict In Express Mobile Patent Suit
A Delaware federal jury said website hosting platform GoDaddy owes $170 million after finding that it willfully infringed two Express Mobile patents covering ways to build a website.
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November 07, 2025
Gov't Contractor Says Nuclear Lid Co.'s Drawings Not Secrets
A defense contractor has asked a North Carolina federal judge to toss a suit accusing it of using one company's design drawings for replacement container lids to award an Army purchase order to a rival, arguing that no trade secrets were involved or misused.
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November 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Big Technologies file fresh claims against its ousted chief executive, West Ham United FC sue Arthur J. Gallagher Insurance for breach of duty, and RSM UK face a new claim over a company's administration. Here, Law360 looks at these and other new claims in the U.K.
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November 06, 2025
Cal Poly Athletes Rip NIL Deal For Impact On Women's Sports
California Polytechnic State University athletes criticized the NCAA's $2.78 billion name, image and likeness settlement, telling a California federal judge during a hearing Thursday that it has harmed women's sports and caused inequitable cuts, while class counsel defended the deal, saying that it specifically preserves class members' Title IX rights.
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November 06, 2025
CareFirst Urges Ban On J&J Character Talk At Stelara Trial
Health insurer CareFirst is asking a Virginia federal judge to bar Johnson & Johnson from promoting its "good character" to a jury that will weigh class claims of anticompetitive conduct and patent fraud to extend market protection on the blockbuster autoimmune drug Stelara.
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November 06, 2025
Colo. Judge Declines To Throw Out Pot Info Sharing Suit
A federal judge rejected Thursday a Colorado cannabis retailer's and competitor Curaleaf Inc.'s former operations director's bids to throw out the breach of contract claims against them, where Curaleaf and a subsidiary say the director shared confidential information with a onetime business partner.
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November 06, 2025
Squires Rebuffs Another 21 PTAB Petitions Without Comment
U.S. Patent and Trademark Office Director John Squires issued a one-page order Thursday rejecting 21 patent challenges from companies including Microsoft, Apple and Google, continuing his new practice of summarily denying such petitions with no explanation.
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November 06, 2025
Verizon Gets Backup In Fight Against Stewart Terminating IPR
Patent quality advocacy group Askeladden LLC has backed Verizon's appeal of former acting U.S. Patent and Trademark Office Director Coke Morgan Stewart's decision to wipe out a Patent Trial and Appeal Board decision in the telecom company's favor invalidating an Omega Patents patent.
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November 06, 2025
Crocs Urges Fed. Circ. To Reverse ITC Clog Import Ruling
Clogs maker Crocs urged the Federal Circuit on Thursday to reverse a decision from the U.S. International Trade Commission not to impose a ban on imports that the Colorado-based company says are confusingly similar to its own footwear, arguing that the ITC erred in how it considered Crocs' fame and its competitors' intent to confuse consumers.
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November 06, 2025
Meta Accused Of AI Copyright Theft By Entrepreneur Mag
The owner of Entrepreneur magazine hit Meta Platforms Inc. with the latest suit accusing an artificial intelligence developer of infringing copyrighted material, telling a California federal court Thursday Meta "seeks to build a multibillion-dollar artificial intelligence empire on a foundation of systematic and widespread copyright theft."
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November 06, 2025
'Matrix' Producer's $18.5M Ch. 11 Sale OK'd Over WB Protest
Village Roadshow, which produced titles like "The Matrix" and "Joker," can sell its derivative film rights for $18.5 million, a Delaware bankruptcy judge decided, overruling an objection from the debtor's former business partner Warner Bros.
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November 06, 2025
Weil Adds 7th Member Of Latham's IP Team In 4 Months
Weil Gotshal & Manges LLP has hired a seventh intellectual property partner from Latham & Watkins LLP since the end of July who brings a practice focused on patent and IP misappropriation matters to a team increasingly made up of her former colleagues, the firm announced Thursday.
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November 06, 2025
TTAB Says 'Gasper Roofing' TM Wrongly Denied
The Trademark Trial and Appeal Board has reversed a rejection of a bid to register the term "Gasper Roofing" for services like roof contracting, installations and maintenance, finding an examiner wrongly concluded it was confusingly similar to another company's name.
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November 06, 2025
DLA Piper IP Pro Moves To Womble Bond In Silicon Valley
Womble Bond Dickinson has hired a DLA Piper partner to bolster its national intellectual property litigation practice and its life sciences presence on the West Coast, the firm said Wednesday.
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November 06, 2025
Meter Reading Co. Dodges Patent Case In Delaware
A Delaware federal judge has found that a water meter patent owner's lack of an expert has doomed its infringement case on the eve of trial against meter reading tech company Mueller Systems.
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November 06, 2025
Fed. Circ. Won't Overrule Stewart's Institution Practices
The Federal Circuit on Thursday rejected petitions filed by Motorola, Google, Samsung and SAP America arguing that the deputy director of the U.S. Patent and Trademark Office violated their due process rights by changing institution practices at the Patent Trial and Appeal Board.
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November 05, 2025
Anthropic Deal Opt-Outs May Have Been 'Lured,' Authors Say
Authors who struck a landmark $1.5 billion settlement with Anthropic PBC to resolve their copyright infringement class action told a California federal judge Tuesday that an Arizona law firm is tricking class members into opting out of the deal through an "aggressive social media advertising campaign."
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November 05, 2025
Helium Financial Says Fired Employees Nabbed Trade Secrets
Two former employees of Washington-based Helium Financial Group LLC stole trade secrets and used them to start their own wealth management firm after they were fired, allowing them to create "a 'clone' of Helium's business model in startup form," Helium claimed in a lawsuit filed Wednesday in Seattle federal court
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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Weighing Risks Of Ambush Marketing Around Sports Events
American brands tempted to insert themselves into conversations around the 2026 World Cup and 2028 Olympic Games, but without the coveted sponsorship, should consider the legal hazards and minimize the risks by avoiding elements that imply an unauthorized commercial association with FIFA or the International Olympic Committee, say attorneys at Debevoise.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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Growth, Harmonization In Focus As Hague System Turns 100
One hundred years after its establishment, the Hague System has grown into an important pillar of international design protection, offering a promising path toward even greater harmonization in design law as its geographic reach continues to expand, say attorneys at Sterne Kessler.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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New IPR Rules Will Require A Patent Litigation Strategy Shift
The U.S. Patent and Trademark Office recently transformed the way it considers petitions for inter partes review, in a move that swings the pendulum in favor of patent owners, making it important for litigants to reassess the role of IPRs in their litigation strategy, say attorneys at Thompson Hine.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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Lessons From Fed. Circ. On Expert Testimony In Patent Cases
Several recent decisions from the Federal Circuit are notable for their treatment of expert testimony, with relevance to the three pillars of every patent case — infringement, invalidity and damages — and offer lessons on ensuring that expert testimony is both admissible and sufficient to support the jury's verdict, say attorneys at Honigman.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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TikTok Divestiture Deal Revolves Around IP Considerations
The divestiture deal between the U.S. and China to resolve a security dispute over TikTok's U.S. operations is seen as a diplomatic breakthrough, but its success hinges on the treatment of intellectual property and may set a precedent in the global contest over digital sovereignty and IP control, say attorneys at Brownstein Hyatt.
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Trending At The PTAB: A Potential Barrier To Serial Challenges
New rules proposed by the U.S. Patent and Trademark Office may appear similar to previous rules at first glance, but are actually much broader in how they would limit petitioners' ability to challenge a patent more than once, say attorneys at Finnegan.
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Fed. Circ. In September: The Printed Matter Doctrine Expands
The Federal Circuit’s recent decision in Bayer v. Mylan represents an extension of the doctrine that adding new words to an existing product or method will not support patentability unless there is a functional relationship, bringing new considerations for both patent holders and challengers, say attorneys at Knobbe Martens.
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10 Quick Tips To Elevate Your Evidence Presentation At Trial
A strong piece of evidence, whether in the form of testimony or exhibit, is wasted if not presented effectively, so attorneys must prepare with precision to help fact-finders both retain the information and internalize its significance, says Allison Rocker at Baker McKenzie.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.
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Broader Eligibility For AI-Related Patents May Be Coming
A series of recent developments from the U.S. Patent and Trademark Office appears to signal that claims involving improvement in the operation of a machine learning model are now more likely to be considered patent-eligible, and that patent examiners may focus on questions of novelty and nonobviousness and less so on subject matter eligibility, say attorneys at Kilpatrick.