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Intellectual Property
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July 25, 2025
Skechers Sued Over Hands-Free Sneaker Patents
A Utah company says sneaker giant Skechers U.S.A. Inc. is engaged in "massive infringement" of patents for hands-free slip-in shoes, according to a suit filed in Texas federal court.
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July 24, 2025
Will 9th Circ. Take 'Rare' Step Of Nixing Kat Von D's IP Win?
A Ninth Circuit panel openly struggled this month with a jury's verdict clearing tattoo artist Kat Von D of infringing a photographer's copyrighted photo of Miles Davis, and is now facing the rare proposition of nullifying the verdict based on its own interpretation of the images.
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July 24, 2025
Genentech Seeks Win After $122M Biogen Royalties Mistrial
Genentech Inc. urged a California federal court Wednesday to rule that Biogen MA Inc. owes $122 million in patent royalties and interest under the "only coherent construction" of their licensing deal, in a rare post-mistrial arrangement that will see the judge step in to deliver the verdict.
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July 24, 2025
NC Judge Reins In Row Over Clinical Trial Software Contract
A 6-year-old breach of contract suit got pruned on its second trip to North Carolina's business court Wednesday, with defendant Pharmaceutical Research Associates Inc. winning partial summary judgment against former PRA employee Neil Raja and the healthcare technology company he founded, Value Health Solutions Inc.
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July 24, 2025
Logan Paul's Co. Can't Depose Messi In Drink TM Row
Logan Paul's sports drink company has lost its bid to depose soccer star Lionel Messi in a trademark dispute after a New York federal judge found the deposition request to be "vexatious and improper," and pointed out that Messi attested he lacks unique knowledge about the issues in the case.
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July 24, 2025
Founder Accuses Execs, Kevin O'Leary Of Patent Forgery
The founder of an agriculture technology company has sued the company she created, several of its executives and Kevin O'Leary of "Shark Tank" in Colorado federal court, alleging the defendants stole her company and intellectual property.
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July 24, 2025
AI Rollout At USPTO Has Attys Foreseeing Stronger Patents
As the U.S. Patent and Trademark Office incorporates more use of artificial intelligence in patent examination, attorneys predict the technology could lead to stronger patents in the future, especially for designs, though it may make the process more challenging for applicants.
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July 24, 2025
Tesla Faces EDTX Suit Alleging Vehicles Infringe Patents
Tesla has been hit with a lawsuit in Texas federal court accusing the automotive company of infringing a series of patents related to ways to train autonomous vehicles with its models, including the Cybertruck.
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July 24, 2025
Pandora Should Beat Comedians' IP Suit, Special Master Says
A special master has recommended that a California federal judge hand Pandora Media a summary-judgment win in high-stakes copyright infringement litigation by a group of comedians who allege the streaming service lacked licenses for the underlying jokes in their comedy routines, finding that the comedians waited too long to sue.
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July 24, 2025
Novo Nordisk Resolves Ozempic TM Suit Against Drugmaker
Novo Nordisk has settled claims of trademark infringement and unfair trade practices against Connecticut drugmaker LIVation LLC over the latter's comparisons of its compounded drugs to the Danish pharmaceutical company's Ozempic medication.
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July 24, 2025
PTAB Erases Claims In Patent From $279M Samsung Verdict
The Patent Trial and Appeal Board has invalidated claims in one of two Headwater Research wireless communications patents that a jury had found Samsung owed nearly $279 million for infringing, finding that the claims were obvious.
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July 24, 2025
Kraft Must Face Claims It Stole Overseas Distributor Database
The Kraft Heinz Co. cannot escape a lawsuit accusing it of stealing confidential information from a business that helps U.S.-based consumer goods brands expand their markets internationally by identifying foreign distributors, an Atlanta federal judge has ruled.
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July 24, 2025
Columbia Sportswear Says University Breached Name Deal
Columbia Sportswear Co. has sued Columbia University in Oregon federal court, claiming the university breached a trademark deal over their shared name by making apparel that only said "Columbia" with no other university insignia.
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July 24, 2025
Trump Says AI Needs Free Content For Global Competition
President Donald Trump has expressed support for letting large language model developers use copyrighted material for training their systems without payment, saying during the unveiling of his artificial intelligence action plan that licensing requirements would impede the technology's progress and give China an unfair advantage.
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July 24, 2025
McGuireWoods Adds Offit Kurman Gov't Contracts, Tech Atty
McGuireWoods LLP has hired a former Offit Kurman Attorneys At Law principal who focuses his practice on government contracts and technology transactions, and who joins the team as a counsel in Washington, D.C., the firm announced Thursday.
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July 24, 2025
Miami Van Gogh Cafe, Museum Exhibitor Settle TM Suit
A company that runs an immersive Vincent van Gogh-themed exhibit has reached a deal to settle trademark infringement claims it brought against Miami's Van Gogh Cafe.
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July 24, 2025
Fed. Circ. Backs Snap, Meta, X Win Over Xerox Patent
Xerox on Thursday lost its attempt to restore claims in a patent for providing personalized content to users after the Federal Circuit backed a Patent Trial and Appeal Board finding that Meta, X and Snap were able to show the claims were invalid.
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July 24, 2025
Eli Lilly's Trademark Suit Not 'Abuse Of Process'
A Washington federal judge has tossed out counterclaims by a pair of clinics being sued for trademark infringement by Eli Lilly & Co., saying the acts of filing the suit and making a settlement demand are not in themselves abuse of process.
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July 23, 2025
Texas Jury Says Verizon Owes $175M For Infringing 2 Patents
A federal jury Wednesday found that Verizon infringed a pair of wireless communications patents owned by Headwater Research, putting the telecommunications company on the hook for $175 million in damages.
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July 23, 2025
Full Fed. Circ. Won't Disturb Machine Learning Patent Ruling
The full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning, leaving in place a panel's April findings that applying established machine learning methods to a new area cannot be patented.
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July 23, 2025
9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods
The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.
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July 23, 2025
Anthropic Judge Says Authors Can Seek OpenAI Docs In NY
A California federal judge on Wednesday told a certified class of authors claiming Anthropic stole their work to train its AI technology that they have his blessing to ask a New York court overseeing copyright litigation against OpenAI and Microsoft to produce documents and deposition testimony related to the California case.
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July 23, 2025
Astellas, Generics Scolded For 'Abusive' Discovery In IP Case
A Delaware federal magistrate judge on Wednesday rebuked Astellas Pharma and makers of generic drugs for what she deemed exploitation of the discovery dispute process in the brand-name company's patent infringement case, calling their dozens of fights "not just excessive" but also "abusive of the discovery dispute process."
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July 23, 2025
Ex-Copyright Chief Suggests Trump Fired Her Over AI Report
An attorney for the fired leader of the U.S. Copyright Office suggested Wednesday that President Donald Trump "sought to sideline her" to stop her from advising Congress on issues related to the use of copyrighted material for training artificial intelligence models, noting her dismissal occurred shortly after she released a pivotal report on the subject.
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July 23, 2025
9th Circ. Revives Barrett Business Services' Secrets Case
The Ninth Circuit has reinstated Barrett Business Services Inc.'s claims of trade secret theft against two former employees, their wives and a competing company they started.
Expert Analysis
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Why Hiring Former Jurors As Consultants Can Be Risky
The defense team's decision to hire former juror Victoria George in the high-profile retrial of Karen Read shines a spotlight on this controversial strategy, which raises important legal, ethical and tactical questions despite not being explicitly prohibited, says Nikoleta Despodova at ND Litigation.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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What Businesses Need To Know About EU Design Law Reform
Recent reforms to European Union design protection law will broaden the scope of what constitutes protected designs and products, likely creating new opportunities and considerations for businesses operating within the EU or those engaging with its markets, say lawyers at Foley & Lardner.
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Berry Ruling Shows Why Plant IP Suits Can Be Thorny
A California federal court's recent decision in Driscoll's v. California Berry Cultivars illustrates that while a path exists for asserting U.S. plant patent rights against extraterritorial breeders, it can be difficult to prove infringement based on importation of plant parts, say Travis Bliss and Stephany Small at Panitch Schwarze.
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7 Considerations For Conducting Drug Clinical Trials Abroad
With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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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.