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Intellectual Property
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September 17, 2025
Celeb Photo Agency Sues Over Decade-Old Farley Picture Use
Hyperlocal news organization Block Club Chicago has been hit with copyright infringement claims by a celebrity photo agency alleging predecessor site DNAInfo Chicago used a photo of late actor Chris Farley without licensing it on an article published more than a decade ago.
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September 17, 2025
Sky-High AI Valuations Are Reshaping Dealmaking Playbook
The latest financing for Anthropic underscores how difficult it has become to dismiss sky-high valuations backing AI as froth, and shows how such numbers could reshape acquisition and exit strategies while exposing investors to heightened legal and financial risks.
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September 17, 2025
Pinsent Masons-Led Rouse Acquires Rival European IP Firm
London-based international intellectual property services company The Rouse Group has merged with rival European IP firm Arnold & Siedsma to increase coverage for its existing clients and expand its geographic footprint in a deal guided by Pinsent Masons LLP.
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September 16, 2025
IP Attorneys Aren't Playing Into Pokémon Patent Panic
A patent granted to Nintendo and Pokémon earlier this month has video game players concerned that an entire genre of games could be undermined, yet patent attorneys say it's unlikely the companies would have any success if they chose to assert it.
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September 16, 2025
Patent Owner Wants Fed. Circ. Revival Of Salesforce Suit
A consulting company is asking the Federal Circuit to undo a Nevada federal judge's dismissal of its suit accusing Salesforce of infringing patents for database software reprogramming, calling the decision "improper and unjustified."
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September 16, 2025
Fed. Circ. Won't Look At USAA's Nixed $223M Patent Verdicts
The full Federal Circuit declined Tuesday to scrutinize panel decisions that wiped out a pair of patent infringement verdicts against PNC Bank that totaled nearly $223 million, rejecting United Services Automobile Association's arguments that the appeals court wrongly invalidated its mobile check deposit patents.
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September 16, 2025
4th Circ. Asked To Rehear 'Inspire' Dance Team Case
A North Carolina charter school on Tuesday asked for the full Fourth Circuit to hear its claims that two former teachers should be barred from using the name "Inspire" for their dance company, arguing that declining to block the teachers is at odds with decades of circuit precedent.
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September 16, 2025
The Patent Workforce Is Attracting Fewer Attys, More Agents
The pool of patent practitioners registered with the U.S. Patent and Trademark Office has undergone a dramatic shift over the past few decades, with the number of attorneys taking the bar exam decreasing at the same time more patent agents are entering the field.
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September 16, 2025
Judge Orders Bench Trial On Key Issue In Sirius Patent Case
A Delaware federal judge has ordered a bench trial on the issue of whether Sirius XM relied on a German research foundation's five-year delay in bringing patent claims related to satellite radio technology in making business decisions around that tech.
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September 16, 2025
Jazz Can't Escape Antitrust Claims Over Sleep Disorder IP
A Delaware federal judge has refused to let Jazz Pharmaceuticals dodge antitrust claims that it wrongly listed a patent covering a way to distribute a narcolepsy drug in the U.S. Food and Drug Administration's Orange Book.
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September 16, 2025
Doximity Says AI Startup Using Lawsuits To Thwart Rivals
Telehealth platform Doximity has asked a Massachusetts federal judge to toss a trade secrets lawsuit brought by medical artificial intelligence company OpenEvidence, saying the startup is trying to "use the courts to stifle fair competition."
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September 16, 2025
Disney, WB, Universal Sue Chinese AI Firm Alleging IP Theft
Companies affiliated with Disney, Warner Bros. Discovery and Universal teamed up Tuesday to sue Chinese artificial company MiniMax, alleging the company steals their intellectual property to produce "an endless supply of infringing images and videos" featuring popular characters like Spider-Man, Darth Vader and Superman.
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September 16, 2025
Travelers Must Cover Scholastic's IP Suit Costs, Not Damages
A Manhattan federal judge has ruled that a Travelers unit must cover Scholastic Inc. for costs incurred in its defense and settlement of a trademark and copyright infringement suit, but not pay consequential damages Scholastic had sought.
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September 16, 2025
Fed. Circ. Brushes Off Wig Grip Patent Case
The Federal Circuit on Tuesday refused to revive a wig grip apparatus patent owner's suit accusing a California hair replacement service of infringement, agreeing with how the lower court interpreted a key patent phrase.
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September 16, 2025
Dickinson Wright Adds IP Ace In Austin From PayPal
Dickinson Wright PLLC has strengthened its intellectual property team with an of counsel in Austin, Texas, who spent nearly a decade working in-house at PayPal.
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September 15, 2025
Jazz Loses Bid To Block Avadel From Seeking Sleep Drug OK
Jazz Pharmaceuticals Inc. cannot block Avadel CNS Pharmaceuticals LLC from seeking U.S. Food and Drug Administration approval for its sleep disorder treatment, a Delaware federal judge ruled, saying the act of seeking FDA approval is not an infringing activity that can be enjoined.
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September 15, 2025
AbbVie Settles Rinvoq Litigation, Blocks Generics Until 2037
AbbVie Inc. has settled litigation with drug manufacturers, blocking generic versions of its immunosuppressant Rinvoq drug from the market for just over a decade and closing out litigation that accused generic-drug makers of infringing a slew of its patents.
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September 15, 2025
Bayer Urges 9th Circ. Not To Revive Tevra Flea, Tick Meds Suit
Bayer is urging the Ninth Circuit not to grant a new trial over claims that it locked up the market for pet flea and tick treatment, saying the only evidence that rival Tevra showed a jury at trial was "highly dubious."
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September 15, 2025
Ex-PTAB Leader Reflects On USPTO After Leaving Agency
One of the Patent Trial and Appeal Board's most senior judges has left the U.S. Patent and Trademark Office after more than 13 years, and soon after joining private practice she spoke with Law360 about her history at the agency and the current dynamics playing out at the office.
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September 15, 2025
Stewart Says New Policies Seek Fairness For Patent Owners
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Monday the numerous changes to patent reviews she has implemented are intended to provide "more balance and fairness" for patent owners, and bring the reviews "back to how they were originally intended."
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September 15, 2025
Eli Lilly Fights $278M Drug Royalties Ruling At 9th Circ.
Eli Lilly urged the Ninth Circuit at a hearing on Monday to reverse a finding that it owes an Arizona company $278 million from insulin-brands sales under their royalty agreement, arguing it is off the hook because Eli Lilly only used that company's technology in manufacturing, not in the final product.
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September 15, 2025
High Times Magazine Brings TM Infringement Action
High Times Magazine claims a company fraudulently registered its name to sell dog food, alcohol and other products, and is urging a Nevada federal court to declare the magazine owner the rightful holder and to cancel the registrations obtained largely during the period the monthly fell out of publication and into bankruptcy.
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September 15, 2025
Full Fed. Circ. Urged To Check Revived Dumbbell Patent
An exercise equipment company is urging the full Federal Circuit to take a closer look at a panel decision that revived a dumbbell patent that PowerBlock Holdings Inc. asserted against it, saying that the validity holding "risks destabilizing the law of patent eligibility."
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September 15, 2025
Roku Gets Judge To Ax Claims In 7 Media Patents Under Alice
A California federal judge has thrown out a suit accusing Roku Inc. of infringing patents on automatic content recognition technology for commercial advertising after finding claims in the patents were invalid under the U.S. Supreme Court's Alice standard.
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September 15, 2025
2nd Circ. Backs Jimmy Kimmel In George Santos IP Fight
The Second Circuit on Monday declined to revive George Santos' claims against Jimmy Kimmel, ABC and Disney over video clips the late night host tricked the now-imprisoned former congressman into making, agreeing the fair use doctrine bars the copyright suit.
Expert Analysis
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Tips For Business Users After 2 Key AI Copyright Decisions
Because two recent artificial intelligence copyright decisions from the Northern District of California — Bartz v. Anthropic and Kadrey v. Meta — came out mostly in favor of the developers using the plaintiffs' works to train large language models, business users should proceed with care, says Chris Wlach at Acxiom.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Copyright Takeaways From 2 Calif. GenAI Rulings
Two California federal court decisions suggest that the fair use defense may protect generative artificial intelligence output, but given the ongoing war between copyright holders and AI platforms, developers should still consider taking steps to reduce legal risk, says Lincoln Essig at Knobbe Martens.
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Opinion
Juries Are Key In Protecting The Rule Of Law
Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Brand Protection Takeaways From OpenAI Trademark Case
The ongoing battle between IYO and OpenAI offers critical lessons on diligent trademark enforcement and proactive risk management for startups and established players alike navigating branding in the rapidly evolving artificial intelligence sector, say attorneys at Dykema.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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IP Due Diligence Tips For AI Assets In M&A Transactions
Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Opinion
New USPTO Leadership Must Address Low-Quality Patents
With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.
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Opinion
High Court Must Overrule Outdated Patent Eligibility Doctrine
A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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The State Of AI Adoption In The Patent Field
The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.