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Intellectual Property
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August 06, 2025
Bong Maker Warned Of Sanctions After Repeated Errors
A Texas federal judge said Tuesday he's issued his last warning to a California-based bong maker which has filed nearly five dozen trademark infringement cases against head shops in North Texas, saying sanctions will come if the company keeps making the same procedural mistakes.
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August 06, 2025
Judge Says No New Trial In Fleet Monitoring Patent Fight
A California federal judge said Tuesday there is no basis for a new trial after a jury in April cleared Motive Technologies of allegations that it infringed a series of fleet monitoring patents, but ruled that claims in two of the patents were ineligible for patent protection to begin with.
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August 06, 2025
Ye Fights Sanctions Bid In IP Suit Involving DJ Khalil Music
The artist once known as Kanye West, Ye, and his associated companies have asked a California federal court to reject a request for case-terminating sanctions in a lawsuit accusing him of ripping off copyrighted music for his 2021 "Donda" album, saying the defendants are trying to comply with discovery obligations.
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August 06, 2025
USPTO To Require Advanced Multifactor Authentication
The U.S. Patent and Trademark Office said Wednesday that, beginning in November, it will no longer accept email as an account verification method and will require other, more advanced authentication processes.
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August 06, 2025
WilmerHale Beats Fired Associate's Racial Bias Claims
A Manhattan judge Wednesday threw out a former WilmerHale senior associate's lawsuit alleging he was unfairly evaluated and eventually fired because he is Black, finding that the complaint doesn't plausibly allege discriminatory comments were made about his race or that employees of other races were treated better.
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August 06, 2025
Texas Judge Axes Wellhead Patent Allegations Over Alice
A Texas federal judge threw out allegations that fracking equipment maker Downing Wellhead Equipment infringed a pair of wellhead control mechanism patents, finding the patents do not pass muster under the U.S. Supreme Court's Alice test.
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August 06, 2025
Groupe Dynamite Sued Over 'Members Only' Hoodie
The owner of the Members Only clothing brand, which skyrocketed to popularity in the 1980s, sued Canadian apparel company Groupe Dynamite Inc., claiming it was making a hoodie that used the mark.
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August 06, 2025
Paramount Wants Docs In 'Top Gun: Maverick' Copyright Case
A "Top Gun: Maverick" screenwriter's cousin who is pursuing copyright infringement claims against Paramount should have to turn over communications he and his lawyer exchanged with the Writers Guild of America, the studio told a New York federal judge on Tuesday, arguing the documents are relevant and aren't shielded by privilege.
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August 06, 2025
'Bigger Than Life' Patent Atty Hal Wegner Dies At 82
Harold C. Wegner, a retired Foley & Lardner LLP partner and educator described by peers as a patent law icon with a larger-than-life personality, has died. He was 82.
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August 06, 2025
Vivint Asks 4th Circ. To Rethink Affirming $190M TM Verdict
Vivint Smart Home Inc. is looking for a do-over after the Fourth Circuit affirmed a nearly $190 million verdict in a suit accusing it of deceiving customers of a rival security company, saying the ruling flouts North Carolina's cap on punitive damages and ignores state appellate precedence.
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August 06, 2025
Feuding Flag Football Organizations Settle TM Dispute
USA Football and USA Flag have agreed to settle a pair of cases they brought against each other alleging trademark infringement, unfair competition and false representations stemming from who should govern flag football in the U.S.
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August 06, 2025
10th Circ. Partly Revives Ex-Sales Head's Client List Case
A split panel of the Tenth Circuit partially revived a case from a sales executive against his former employer who claims the company took a customer list, saying the executive had improperly been barred from offering expert testimony on his lost wages.
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August 06, 2025
Juniper, Correct Transmission Reach Deal To End Patent Suit
Internet router maker Juniper Networks has agreed to settle a lawsuit in California federal court that had accused it of infringing various data communication network patents.
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August 05, 2025
Epic Games Defeats Bid To Upend Jury Patent Verdict
A Seattle federal judge Tuesday denied Utherverse Gaming LLC's bid to undo a jury finding from a verdict favoring Epic Games, rejecting Utherverse's contention that a jury leaned on insufficient evidence when rebuffing a claim in its patent for playing back recorded experiences in a virtual world.
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August 05, 2025
Novo Nordisk Lodges Suits Over 'Knockoff' Semaglutide Meds
Novo Nordisk said Tuesday it has recently filed more than a dozen lawsuits accusing weight loss companies, med spas and pharmacies of tricking patients into purchasing and using unapproved drugs containing semaglutide, which the Danish pharmaceutical company uses in its blockbuster medicines Wegovy and Ozempic.
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August 05, 2025
USPTO Urges Fed. Circ. To End Motorola's Fintiv Appeal
The U.S. Patent and Trademark Office stood by its acting leader's decision to shut down Motorola's challenge to various Stellar patents at the Patent Trial and Appeal Board, saying all of Motorola's appellate arguments at the Federal Circuit should be rejected.
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August 05, 2025
Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent
A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.
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August 05, 2025
Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill
A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.
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August 05, 2025
Fed. Circ. Panel Feeling Deja Vu In Hoverboard IP Case
A Federal Circuit panel had little support for the owner of hoverboard design patents Tuesday, as the judges said much of its noninfringement appeal relies on concerns addressed in a prior appellate decision.
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August 05, 2025
Fed. Circ. Partly Revives Solar Panel Safety Patent Challenge
The Federal Circuit on Tuesday said the Patent Trial and Appeal Board has to take another look at one of renewable energy industry trade group SunSpec Alliance's arguments in its challenge to claims of a patent on safeguards for solar panels.
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August 05, 2025
Stewart Won't Reconsider Her 1st Settled Expectations Denial
The acting U.S. Patent and Trademark Office director on Tuesday stood by her first-ever decision that an older patent shouldn't have to face Patent Trial and Appeal Board scrutiny.
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August 05, 2025
Microsoft Reaches Injunction Deal With Canadian Firm
Microsoft Corp. and Canadian business The Search People Enterprises Ltd. have agreed to end a dispute after reaching a deal in which the latter company is barred from infringing intellectual property related to Microsoft's software.
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August 05, 2025
Ex-Patent Examiner Fights USPTO Exclusion At High Court
A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.
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August 05, 2025
Zazzle Nabs Win After Judge Cuts Font Copyright Claim
A California federal judge has tossed a copyright infringement claim against online retailer Zazzle over a set of fonts used on its site after previously allowing the claim to stand, finding her earlier order misstated Zazzle's argument.
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August 05, 2025
Drone Cos. Sue Former Exec For Alleged Trade Secret Theft
Red Cat Holdings Inc. and its Teal Drones Inc. unit accused a former executive of sabotaging a major product development deal and using their trade secrets to launch a rival drone company to compete for government sales.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
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.
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How The USPTO Might Find A Path Forward After Job Cuts
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.
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As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks
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.
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Understanding How Jurors Arrive At Punitive Damage Awards
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.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
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.
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Series
Playing Football Made Me A Better Lawyer
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.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
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.
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AI Use Of Hollywood Works: The Case For Statutory Licensing
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.
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Keys To Handling Digital Investigations In Pharma IP Litigation
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.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
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.