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Intellectual Property
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August 01, 2025
Wheeling & Appealing: Midyear Highlights For Every Circuit
In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.
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August 01, 2025
IP Owners Largely Win In Stewart's Newest Discretion Orders
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.
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August 01, 2025
Jury Clears Media Measurement Co. In Nielsen Patent Suit
A federal jury in Delaware on Friday cleared media measurement platform HyphaMetrics of claims that it infringed a pair of patents owned by television ratings business Nielsen relating to image processing and identifying media devices.
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August 01, 2025
NFL Swipes At Attorney Seeking Unlicensed Merch Sales
The merchandising arm of the NFL told a New York federal court the request for sanctions from an attorney suing the league in hopes of dismantling its licensing system is out of line and a way to prolong his "frivolous and vexatious" case.
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August 01, 2025
Lego Wins Bid To Halt Toy Co. Sales Of Copycat Figurines
After convincing a Connecticut federal judge that it was facing irreparable harm, Danish toy giant Lego has secured a permanent injunction barring a California-based distributor from selling products that mimic its figurines and play sets.
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August 01, 2025
USPTO Tightens Rules On Patent Challengers' Arguments
Patent challengers at the Patent Trial and Appeal Board will no longer be able to skirt a requirement that they must identify where all the elements of the patent are found in prior art patents or printed publications, according to a notice from the U.S. Patent and Trademark Office.
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August 01, 2025
Fed. Circ. Bugged By Injunction In Insecticide Patent Dispute
The Federal Circuit on Friday scrubbed a preliminary injunction blocking a company from selling an insecticide product while a competitor's patent infringement case proceeded against it, faulting a lower court's claim construction and patent validity analysis.
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August 01, 2025
Swimsuit Biz Sues Chris Brown Over 'Breezy Bowl' Tour Name
Miami swimsuit company Breezy Swimwear Inc. has sued singer Chris Brown and several companies affiliated with his "Breezy Bowl XX" tour, claiming they used "copycat branding" that created a risk of confusion among consumers.
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August 01, 2025
Full Fed. Circ. Won't Eye Effect Of PTAB Ax In Groupon Case
The full Federal Circuit on Friday rejected Groupon's request for review of a decision that allowed a patent suit against it to proceed on some claims after similar ones were invalidated in an inter partes review, although two dissenting judges said the holding undermines the America Invents Act.
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August 01, 2025
Lamborghini Says Trade Secrets Case Best Heard In Italy
Lamborghini has told a Texas federal court that a case brought by an Italian auto racing engineering firm alleging the sports carmaker stole steering wheel trade secrets is best left to Italian courts and is part of a long-running business dispute in that country.
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August 01, 2025
Fed. Circ. Won't Move Fintiv, Apple Trial Date
The Federal Circuit on Friday denied Fintiv Inc.'s request to delay its Monday trial against Apple over a patent for storing virtual credit cards on mobile devices for contactless payments.
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August 01, 2025
Chancery Rules Gallagher Owes $50M In 'Earnout' Suit
An Arthur J. Gallagher & Co. subsidiary breached a contract by withholding $50 million owed to a patent insurance and underwriting venture under first-year terms of a three-year merger and earnout deal, a Delaware vice chancellor has found.
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August 01, 2025
Ex-Copyright Chief Appeals Denial Of Reinstatement Bid
The former head of the U.S. Copyright Office will appeal a D.C. federal judge's denial of her request to be immediately reinstated to her former position after she was fired by President Donald Trump while her suit remains pending.
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August 01, 2025
NC Atty Says Ex-Wife Has No Claim To Firm's Future Earnings
An intellectual property lawyer in North Carolina told the state's top court that his ex-wife isn't entitled to half the value of his law firm in their divorce, arguing that whatever he earns from the firm's goodwill in the future can't be divvied up as part of the marital estate.
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August 01, 2025
Fed. Circ. Backs PTAB Ax Of Claims In Network Speed Patents
The Federal Circuit on Friday affirmed a handful of Patent Trial and Appeal Board decisions that found claims across four patents on increasing network communication speed owned by Israeli tech company Bright Data were invalid.
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August 01, 2025
Mintz Welcomes Longtime Fenwick & West IP Atty In NY
Mintz said Wednesday that it has added a longtime Fenwick & West LLP lawyer who helped his former firm establish itself in New York to its intellectual property prosecution practice.
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August 01, 2025
Rising Star: Morrison Foerster's Timothy Chen Saulsbury
Timothy Chen Saulsbury of Morrison Foerster LLP helped defeat a $900 million trade secrets suit over wearable medical device technologies and won a favorable jury verdict for Epic Games on a patent infringement claim, earning him a spot among the intellectual property lawyers under age 40 honored by Law360 as Rising Stars.
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August 01, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen several telco giants hit with a trademark claim, a collapsed hotel company sue a property investor in an ongoing dispute over a decades-old hotel sale, and two litigation funders square off against each other.
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August 01, 2025
Disney Settles IP Dustup Over 'Pickles' Baseball Team
Disney has quietly settled a trademark suit brought by the Portland Pickles, an Oregon summer league baseball team that has attained a kind of cult status within the game, over the depiction of a softball team named the Pickles in one of its animated series.
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July 31, 2025
Pandora Says IP Suit Should Be Axed, Backing Special Master
Pandora Media told a California federal judge on Wednesday that a special master was right to recommend handing it a summary judgment win in high-stakes copyright infringement litigation by a group of comedians who allege that the streaming service lacked licenses for the underlying jokes in their comedy routines.
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July 31, 2025
'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict
A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.
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July 31, 2025
PTAB Takes Down Automotive USB Patent
The Patent Trial and Appeal Board has found that the single claim of an automotive technology supplier's patent on USBs for automobiles was invalid, agreeing with Microchip Technologies that it was obvious.
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July 31, 2025
ITC Judge Recommends General Import Ban In Shoe IP Case
A U.S. International Trade Commission judge recommended a complete block on imports of women's ballet flats that the maker of Tieks shoes proved infringed its design patents on its signature blue-soled footwear.
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July 31, 2025
Paramount Gets Partial Dismissal Of 'Top Gun' Credit Suit
A Manhattan federal judge on Thursday dismissed part of a suit brought by the cousin of a "Top Gun: Maverick" screenwriter, tossing his claims to joint ownership and authorship of the film, but allowing his copyright infringement claim to survive.
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July 31, 2025
American Airlines Can't Stay Claims In Wi-Fi Patent Suit
A Texas federal judge shot down American Airlines' bid to stay two claims in a suit accusing the airline of infringement for its use of hardware that allows for internet connection on flights, saying the airline failed to show it was merely a passive user of the technology.
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.