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Intellectual Property
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September 25, 2025
NC BBQ Chain Nets Deal To End Trademark Fight With Flagship
A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.
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September 25, 2025
XAI Claims OpenAI Poached Employees For Trade Secrets
Elon Musk's chatbot company xAI Corp. has hit rival OpenAI Inc. with a suit in California federal court that alleges two engineers and an unnamed senior executive took trade secrets to OpenAI when they switched companies.
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September 25, 2025
Feds Want USPTO Union Suits Over Trump Order Reassigned
The Trump administration has asked for two cases from labor unions that represent employees of the U.S. Patent and Trademark Office and other agencies challenging an executive order that ended their collective bargaining rights to be reassigned to different judges, saying the cases in D.C. federal court are unrelated to other suits challenging the order.
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September 25, 2025
Full Fed. Circ. Won't Reconsider IPR Estoppel Decision
The full Federal Circuit on Thursday rejected a rehearing petition from Ioengine LLC, which was appealing the invalidation of its flash drive patents in a case that set precedent on estoppel.
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September 25, 2025
Fed. Circ. Affirms Dismissal Of Patent Suit Against Aldi
The Federal Circuit on Thursday won't revive a suit accusing supermarket chain Aldi's mobile app of infringing patents covering a way to find consumer products in particular areas, backing an Illinois federal court's finding that the patents were invalid under the U.S. Supreme Court's Alice standard.
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September 25, 2025
Antitrust Pro Back At Jenner & Block From Fish & Richardson
Jenner & Block LLP announced Thursday that it has welcomed back an antitrust attorney who had worked at intellectual property firm Fish & Richardson PC for the past year, after having previously worked at Jenner & Block for 15 years.
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September 25, 2025
Pool Design Patent Owner Loses Bid For Fed. Circ. Rehearing
The full Federal Circuit on Thursday left intact a decision refusing to revive North Star Technology International Ltd.'s suit claiming Latham Pool Products Inc. infringed its design patent.
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September 25, 2025
Fed. Circ. Revives Apex Bank's TM Bid Over TTAB Error
The Trademark Trial and Appeal Board incorrectly prevented a Tennessee bank from registering "Aspire Bank" for banking and financial services because of potential confusion with a credit card company's existing "Aspire" mark, the Federal Circuit said in a precedential decision Thursday that remanded the case for further analysis.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
AML Software Sues Athena Bitcoin Over Source Code Theft
AML Software has filed a copyright infringement suit against ATM operator Athena Bitcoin for allegedly misappropriating its proprietary bitcoin ATM source code without authorization.
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September 24, 2025
USPTO Touts Declining Patent Backlog, Eyes Bigger Drop
U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.
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September 24, 2025
EcoFactor Tells Justices Patent Rules Usurp Role Of Juries
The Federal Circuit has created stringent patent-specific rules limiting damages testimony that improperly displace the role of juries, EcoFactor Inc. has told the U.S. Supreme Court, in a bid to undo a decision scrapping the company's $20 million win against Google.
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.
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September 24, 2025
Swimmers, Divers Rip School, NIL Deal After Team Dropped
Four former swimming and diving team members at California Polytechnic State University have filed objections in federal court to the NCAA's $2.78 billion name, image and likeness settlement, after university officials pointed to the financial consequences of the settlement as the reason the swimming and diving program was eliminated.
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September 24, 2025
Course Hero Operator Must Face School's Copyright, TM Claims
Course Hero, a study platform where users upload materials, must face copyright and trademark claims after a Connecticut federal judge found that a for-profit Connecticut university has demonstrated enough possible harm to justify standing for alleged copyright violations, and that a 2003 U.S. Supreme Court decision does not stand in the way of its Lanham Act claims.
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September 24, 2025
Arcturus Sues AbbVie, Capstan Alleging Trade Secret Theft
Arcturus Therapeutics Inc. has sued AbbVie and Capstan Therapeutics in California federal court, alleging Capstan used Arcturus' proprietary lipid nanoparticle technology to develop and patent competing drug delivery systems, which AbbVie later acquired in a $2.1 billion deal.
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September 24, 2025
Fed. Circ. Vacates $181M Patent Verdict Against AT&T, Nokia
The Federal Circuit on Wednesday wiped out Finesse Wireless' $181 million verdict against AT&T and Nokia, finding issues in "confusing and unclear" expert testimony that had supported the case accusing the wireless carriers of infringing a pair of radio interference patents.
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September 24, 2025
IP Feud Over 'Shark Tank'-Backed Comb Settles Before Trial
The inventor of a hair-twisting system that was featured on an episode of "Shark Tank" and received an investment from celebrity businessman Mark Cuban has settled patent infringement claims with a rival a week before the two were to go to trial.
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September 24, 2025
Merrill Lynch Accuses Ex-Staff, Schwab, Investor Of IP Theft
Merrill Lynch has filed a trade secrets lawsuit against a dozen former employees, Charles Schwab and Dynasty Financial Partners, alleging the defendants conspired to start a new independent financial advisory firm with Merrill's staff and confidential information.
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September 24, 2025
Microsoft Cleared In Software Patent Case In Utah
A Utah federal judge has cleared Microsoft of allegations that it infringed on claims in a patent covering an application for previewing how user commands will affect a computer document, finding that the claims were invalid in light of an earlier invention.
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September 24, 2025
Innoscience Claims ITC Ban Over Invalidated Patent Is 'Unjust'
Innoscience is urging the Federal Circuit to free it from a U.S. International Trade Commission import ban, saying the Efficient Power Conversion Corp. semiconductor patent it allegedly infringes isn't valid.
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September 24, 2025
Judge Says No Dispute Exists In Video File Licensing Case
A Delaware federal judge has granted dismissal to DivX LLC in a case brought by a former business ally who was seeking a declaration that it didn't run afoul of a licensing agreement between the two, saying the court has no jurisdiction in the matter.
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September 24, 2025
ITC's IP Cases Mainly Target Computer And Telecom Products
New data from the U.S. International Trade Commission has shown that intellectual property activity at the agency in 2024 remained relatively the same, with investigations primarily looking into computer and telecommunications products.
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September 24, 2025
Blank Rome Hires Bicoastal Pair Of Patent Attys
Blank Rome LLP announced Tuesday that it has welcomed two new patent attorneys to its ranks: a Los Angeles-based firm alum and a New York-based former Leason Ellis LLP lawyer.
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September 24, 2025
Judge Sends Pandora IP Claims Back To Special Master
A California federal judge has sent summary judgment motions from online radio service Pandora Media and a group of comedians back to a special master for further consideration after it was previously recommended that Pandora prevail.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.