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Intellectual Property
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April 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Spring has sprung for appellate arguments over the White House's pruning and shearing of agencies, part of a bountiful circuit calendar in May, when appeals courts will also tend to defamation drama involving a pro golfer, antitrust suits against drugmakers and hotels, and a nine-figure patent verdict against Apple Inc.
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April 30, 2025
Judge Keeps Pfizer Foe's COVID Vaccine Patent Case Alive
The chief judge for the Delaware federal court has turned down a bid from Pfizer and BioNTech to invalidate patent claims asserted against their blockbuster COVID-19 vaccine, in a case set to go before a jury later this year.
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April 30, 2025
Del. Judge Won't Let MSN Fight Entresto Orange Book Entry
A Delaware federal judge has shot down MSN Pharmaceuticals Inc.'s attempt to get its generic version of Novartis' blockbuster cardiovascular drug Entresto on the market immediately by removing the branded-drug maker's patent from a federal database.
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April 30, 2025
Fed. Circ. Upholds PayPal, Apple Patent Wins Over Fintiv Inc.
PayPal Holdings Inc. successfully persuaded the Federal Circuit on Wednesday to uphold the invalidation of Fintiv Inc. mobile wallet patents it's accused of infringing, which then led to Apple Inc. beating a related appeal.
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April 30, 2025
SC Judge Tosses Suit In Bed Trademark Dispute
A South Carolina federal judge has thrown out a suit from American Serleep seeking a declaration that it never infringed any trademark of rival Purple Innovation, saying the Palmetto State isn't the right place for the case.
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April 30, 2025
Google's Sanctions Bid In Patent Case Rejected By Judge
A New York federal judge has shot down Google's bid for sanctions of a location tracking patent owner in litigation accusing the search engine giant of infringement, calling the request "unnecessary."
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April 30, 2025
Akoustis Gets OK For $30M Sale To SpaceX Subsidiary
A Delaware bankruptcy judge has approved a $30 million sale of some of the assets of radio frequency filter maker Akoustis Technologies to a SpaceX subsidiary after the debtor reached an agreement with a competitor that had concerns about trade secrets possibly being sold.
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April 30, 2025
Space Org. Avoids Charges After Helping In China Export Case
The U.S. Department of Justice announced Wednesday it won't prosecute a NASA contractor research firm whose former employee was sentenced to prison for smuggling aeronautics software to a sanctioned Chinese university, lauding the organization's "exceptional and proactive cooperation" and timely and voluntary self-disclosures of the ex-employee's conduct.
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April 30, 2025
Google Cements Win In Image Data Patent Fight At Fed. Circ.
A patent licensing company suing Google over patents covering image quality data failed to convince Federal Circuit judges on Wednesday that those claims do more than "organize, alter, or manipulate data."
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April 30, 2025
DraftKings Wants MLB Players' IP Case Sent To 3rd Circ.
Sports betting company DraftKings Inc. told a Pennsylvania federal judge Wednesday that she was wrong to allow an MLB players organization's suit over unlicensed use of athletes' likenesses to proceed, arguing that the Third Circuit should weigh in on potentially novel legal issues that could quickly end the case.
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April 30, 2025
PTAB Axes AbbVie Unit's Cancer Drug Patent As Invalid
The Patent Trial and Appeal Board has found claims in a patent owned by AbbVie's Pharmacyclics unit related to its cancer drug Imbruvica were invalid, the latest in a larger intellectual property fight with BeiGene.
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April 30, 2025
Lego Says Toy Co.'s Tiny Figurines Are Big IP Infringement
Lego sued Veux Toys LLC in Connecticut federal court Tuesday, seeking to block the California-based toy retailer from selling figurines that are "substantially similar" to its copyrighted products, such as Spider-Man toy men.
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April 30, 2025
Cahill Gordon Adds King & Spalding IP Litigation Trio In DC
Cahill Gordon & Reindel LLP has added a three-partner intellectual property group from King & Spalding LLP for its new technology IP litigation practice in Washington, D.C., the firm said Wednesday.
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April 30, 2025
Foley & Lardner Adds 5 IP Attys From Perkins Coie, K&L Gates
Foley & Lardner LLP is expanding its intellectual property team in California, announcing Wednesday the addition of five IP attorneys — four from Perkins Coie LLP in San Diego and one from K&L Gates LLP in San Francisco.
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April 30, 2025
NBA Looks To Keep Knockoff Sales At Bay Amid IP Suit
The NBA's licensing arm has asked an Illinois federal judge to extend a ban on the illicit sales of counterfeit goods while freezing the assets of alleged culprits, saying without this, defendants in a copyright infringement suit may attempt to move their money to offshore accounts.
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April 30, 2025
Boston Lab Says Exec Took Trade Secrets To Rival
An executive departing a Boston contract research lab allegedly downloaded confidential and proprietary documents before he left to join a competing business in a move that breached his noncompete contract, according to a trade secrets lawsuit filed Tuesday in Massachusetts federal court.
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April 30, 2025
NJ Panel Declines To Revive Tobacco Co.'s Tax Refund Claim
A tobacco company cannot revive its claim for a tax refund, a New Jersey appeals court found, agreeing with the state's tax court that 2020 amendments to a regulation limiting a royalty add-back deduction must be applied retroactively.
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April 29, 2025
5th Circ. Hints Exclusivity Could End Tata's $168M Woe
A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.
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April 29, 2025
9th Circ. Revives Copyright Fight Over Sam Smith Tune
The Ninth Circuit on Tuesday resurrected a copyright lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger," saying a reasonable jury could find that the song's hook shares protectable lyrics, pitches and rhythm with that of a 2015 track called "Dancing With Strangers."
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April 29, 2025
Apple Settles Harvard Profs' IPhone Night Vision Patent Suit
Apple has agreed in principle to settle a suit brought by a startup company owned by two Harvard professors who claimed the tech giant infringed patents related to cameras that can render night vision images.
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April 29, 2025
Mercedes-Benz Wins Remand From Top PTAB Judges
A panel of the top judges at the patent board has agreed that Mercedes-Benz deserves another chance to invalidate a processor patent issued over a decade ago to engineers at Intel Corp. and later assigned to a company that's asserting it against the automaker and others.
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April 29, 2025
Meta Seeks Punitives For NSO WhatsApp Hack As Trial Opens
Meta's counsel told a California federal jury during trial openings Tuesday that Israeli spyware-maker NSO Group owes nearly $445,000 plus punitive damages for its "despicable" conduct hacking 1,400 WhatsApp users' devices, while NSO's counsel denied owing Meta anything and criticized Meta's case as a PR attempt to "own the narrative."
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April 29, 2025
Sports Illustrated Owner Ends TM Row With Former Publisher
Sports Illustrated's owner has agreed to permanently end its trademark dispute against its former publisher over claims that the publisher tore apart a long-standing licensing agreement while sabotaging the brand and holding hostage valuable intellectual property, according to a stipulation filed Tuesday in New York federal court.
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April 29, 2025
Photog Owes $67K For Skipping Deposition In Copyright Feud
A federal judge in the Southern District of New York on Tuesday ordered a photographer suing a fashion website over a photo of actor Jonah Hill to cough up nearly $67,000 for skipping his own deposition in the case, among other conduct.
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April 29, 2025
USPTO Flouted Labor Law At Examiner Meeting, Union Says
The labor union representing the federal government's patent examiners has filed a formal complaint alleging a representative for the union was blocked from being able to talk at a meeting between the workers and the federal patent office.
Expert Analysis
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Patent Prosecution Length Affects Infringement Findings
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.
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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.