Intellectual Property

  • July 21, 2025

    Copyright And TM Cases To Watch In The Second Half Of 2025

    The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.

  • July 21, 2025

    USPTO Standardizes Timeline For Setting PTAB Filing Dates

    The U.S. Patent and Trademark Office announced Friday that it will now issue orders establishing the filing dates of Patent Trial and Appeal Board petitions within 14 days of the filings, saying that will provide more clarity about the deadlines in each case.

  • July 21, 2025

    PTAB Head Judge Reverses Grant Of Samsung, Google IPRs

    A head Patent Trial and Appeal Board judge on Thursday reversed panel decisions that had agreed to review patents challenged by Samsung and Google, saying that the pace of related district court proceedings favored skipping the petitions from the big technology companies.

  • July 21, 2025

    Sens. Float Bill To Protect Against AI Data Piracy

    Federal lawmakers said Monday that they are floating a measure that would give creators the right to sue companies that use their work to train artificial intelligence models without their permission, a move that comes amid concerns over AI and intellectual property.

  • July 21, 2025

    Ex-Judges Call SAP Hypocritical In 'Self-Serving' Fintiv Appeal

    Retired Federal Circuit Judges Randall Rader and Kathleen O'Malley are urging their former court to reject SAP America Inc.'s challenge to how the U.S. Patent and Trademark Office is implementing new policies, saying the agency is acting within its limits and that SAP is selfishly contradicting arguments it previously made at the U.S. Supreme Court.

  • July 21, 2025

    Ky. AG Sues Temu For 'Stealing' User Data

    Kentucky Attorney General Russell Coleman has brought a lawsuit in state court against Chinese bargain-shopping app Temu, accusing it of illegally "stealing" customer data without their knowledge and allowing the Chinese Communist Party to access the information.

  • July 21, 2025

    Jury Axes Patent In Fight Between Railcar Scale Cos.

    A Houston federal jury has cleared a company that services scales for railroad cars of infringing 15 claims in a patent suit brought by a competitor, saying the patent was invalid because it was obvious and anticipated through prior art.

  • July 21, 2025

    Microsoft Gets PTAB To Knock Out 2 Proxense Patents

    The Patent Trial and Appeal Board has found that Microsoft was able to prove that all the claims across two patents owned by an Oregon startup that has sued the technology giant for infringement were invalid.

  • July 21, 2025

    NCAA Says Ohio NIL Case Ruling Ends NC Spat

    The end of a name, image and likeness suit several states away further substantiates that antitrust claims against the National Collegiate Athletic Association were filed too late, according to a filing in North Carolina Business Court.

  • July 21, 2025

    GlobalFoundries Faces $9.2M Verdict In Chip Patent Trial

    A Texas federal jury has found that semiconductor maker GlobalFoundries Inc. infringed a patent belonging to Texas-based competitor Katana Silicon Technologies LLC and owes $9.2 million.

  • July 21, 2025

    Fed. Circ. Affirms Motorola Win In Camera Patent Suit

    A prominent Taiwanese manufacturer of smartphone camera lenses has failed to convince the Federal Circuit that the Patent Trial and Appeal Board wrongly found one of its patents challenged by Motorola to be invalid.

  • July 21, 2025

    Baker McKenzie Brings Back IP Ace In Dallas

    Baker McKenzie announced Monday that it has fortified its intellectual property offerings in Dallas with a partner who is rejoining the firm from Forrest Weldon Law Group LLP.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Simon & Schuster, Bob Woodward Defeat Trump Suit, For Now

    A New York federal judge Friday threw out President Donald Trump's suit against Simon & Schuster and Bob Woodward over the investigative reporter's "The Trump Tapes," refusing to find that Trump is a joint author of the audiobook but giving him the opportunity to take another stab at his complaint.

  • July 18, 2025

    Allergan Wins $56M In Patent Trial Over Revance Botox Rival

    A Delaware federal jury Friday awarded Allergan $56 million in damages when finding in favor of the Botox maker in a patent suit over Revance's Botox competitor, Daxxify, rejecting Revance's contention that claims from three Allergan patents were invalid.

  • July 18, 2025

    USPTO Calls On Fed. Circ. To Reject Fight Over Fintiv Policy

    The U.S. Patent and Trademark Office urged the Federal Circuit on Friday to reject allegations that its handling of policies governing Fintiv-based discretionary denials violates due process, claiming SAP America Inc. is just upset that its Patent Trial and Appeal Board challenges were rejected.

  • July 18, 2025

    Stewart Issues Discretion Decisions For 56 More Petitions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.

  • July 18, 2025

    Ohio State, NCAA, Big Ten Beat Ex-QB's NIL Suit

    Ohio State University, the NCAA, the Big Ten Conference Inc. and a media rights licensing company have dodged an antitrust suit from former Buckeye star quarterback Terrelle Pryor alleging they monopolized profits on athletes' names, images and likenesses while denying them compensation.

  • July 18, 2025

    MSN Urges Fed. Circ. To Allow Launch Of Generic Entresto

    MSN Pharmaceuticals asked the Federal Circuit on Friday to lift a temporary injunction and allow the company to launch a generic version of the blockbuster heart drug Entresto, a move MSN says would benefit the public by reducing costs for Medicare and Medicaid.

  • July 18, 2025

    Fed. Circ. Frees Medtronic From $125M Patent Judgment

    The Federal Circuit on Friday overturned a more than $125 million judgment against Medtronic's CoreValve unit for infringing a Colibri Heart Valve LLC patent, saying changes made to the patent during examination mean that Medtronic should not have been found to infringe.

  • July 18, 2025

    Mattel Says Overseas Counterfeiters Ripping Off Uno Game

    Barbie and Hot Wheels maker Mattel Inc. has filed counterfeiting claims in Illinois federal court against foreign retailers that the company says are selling knockoff versions of its popular Uno card game.

  • July 18, 2025

    Franchisee Stole Biz Model, College Advising Co. Says

    A college consulting company accused a former franchisee of doing business under false pretenses, poaching the company's proprietary methods and walking away to start a new venture, according to a complaint filed in North Carolina federal court.

  • July 18, 2025

    Apple Says Tech Analyst, YouTuber Conspired To Leak IOS 26

    A tech product analyst improperly accessed a former Apple employee's iPhone used for product development and conspired with a YouTuber to publicly leak details of the yet-to-be-released iOS 26 operating system, Apple Inc. said in a suit filed Thursday in San Francisco federal court.

  • July 18, 2025

    Assurant Says Ex-Salesmen Plotted 'Bloodbath' Of Clients

    Three current and former employees of auto warranty underwriter Assurant have been accused of hatching a plan to steal its confidential documents and poach its clients, with the company alleging that the workers planned to bring about a "bloodbath" of Assurant's business.

  • July 18, 2025

    Manaflex Loses Bid To Trim Competitor's Trade Secrets Suit

    A California federal judge has refused to trim circuit technology company CelLink Corp.'s lawsuit alleging that former Tesla employees stole CelLink's trade secrets for the benefit of a competitor one of them founded.

Expert Analysis

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    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.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    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.

  • Vape IP Ruling Shows Stark Contrast Between ITC And Courts

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    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.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    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.

  • Why Attys Should Get Familiar With Quantum Computing

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    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.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.

  • As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks

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    Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • AI Use Of Hollywood Works: The Case For Statutory Licensing

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    Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.

  • Keys To Handling Digital Investigations In Pharma IP Litigation

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    In the high-stakes realm of pharmaceutical intellectual property litigation, efficient e-discovery and digital investigation workflows are essential to supporting strategic arguments, building defensible cases and proving that the requirements for market entry have been adequately met, says Jerry Lay at FTI Consulting.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

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