Try our Advanced Search for more refined results
Intellectual Property
-
October 06, 2025
High Court Rejects USAA Appeal Over Patent Invalidations
The U.S. Supreme Court refused Monday to review the invalidation of two USAA patents in litigation against PNC Bank after USAA argued the Federal Circuit blessed a contradictory ruling in a nearly identical patent review.
-
October 06, 2025
Justices Deny 'Space Force' TM Appeal From IP Atty
The U.S. Supreme Court on Monday skipped an appeal from an attorney who said a 2018 speech from President Donald Trump was the inspiration for his attempt to register "US Space Force" as a trademark.
-
October 06, 2025
Justices Deny Aviation Co.'s Appeal Over TM Trial Rights
The U.S. Supreme Court on Monday rejected an appeal from a personal aviation company that raised the question of whether parties in trademark infringement cases still have a right to a jury trial when seeking an accounting of profits as the monetary remedy rather than damages.
-
October 06, 2025
Justices Skip TM Dispute Over Pink Color In Hip Implants
The U.S. Supreme Court on Monday declined a German medical supplier's appeal challenging a Federal Circuit conclusion that the color pink in a hip joint implant part is not protectable trade dress because its purpose is functional.
-
October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
-
October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
-
October 03, 2025
Few Petitions Move Forward In Newest Discretion Reviews
Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 15 Patent Trial and Appeal Board petitions Friday night, but allowed five challenges to proceed.
-
October 03, 2025
Cameron Can't Pin $8.9M IP Verdict On Bankrupt Co.'s Owners
Cameron International Corp. cannot hold the owners of Nitro Fluids LLC liable for a nearly $9 million patent infringement verdict against the bankrupt fracking and oil drilling services group, a Texas federal judge ruled, saying Cameron waited too long to add the owners to the litigation.
-
October 03, 2025
Paltalk Urges Albright To Revive $65.7M Cisco Patent Verdict
Paltalk Holdings wants U.S. District Judge Alan Albright to revisit his decision wiping out an over $65.7 million verdict in its favor against Cisco Systems Inc. and ordering a new trial on damages in the patent infringement case, saying the verdict was backed by enough evidence.
-
October 03, 2025
NIH Sets Patent License Policy Aimed At Promoting Access
The National Institutes Of Health has implemented a new policy that was proposed during the Biden administration to require those seeking commercial licenses to NIH-owned patents to detail how they will promote patient access for new drugs or medical devices they develop.
-
October 03, 2025
2nd Circ. Erases Injunction In Pet Supplement False Ad Fight
The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.
-
October 03, 2025
Google Beats Search Engine Patent Suit For Good
A California federal judge on Friday permanently dismissed LookSmart Group Inc.'s suit accusing Google of infringing a search engine patent, saying LookSmart had failed to amend the claims so that they didn't only describe an unpatentable abstract idea.
-
October 03, 2025
Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule
The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.
-
October 03, 2025
Singer Says Ex-Manager's Forgery Might Cost Him 'Millions'
Grammy Award-winning gospel singer Chandler Moore and his company have filed suit against his business manager and several of his alleged "corporate alter egos," claiming the manager used his position and those entities to enrich himself, misappropriate intellectual property rights and deprive Moore of millions in royalties.
-
October 03, 2025
Biz Can't Sue Bank Over Patent It Didn't Own, Judge Suggests
A Western District of Texas magistrate judge recommended Friday that a suit accusing a Canadian bank of patent infringement be tossed, finding that the business that brought the suit didn't actually own the virtual payment methods patent.
-
October 03, 2025
Man In Fake 5-Hour Energy Plot Sentenced To Time Served
A Mexican national who admitted to being part of a scheme to peddle counterfeit 5-Hour Energy drinks has been sentenced to time served and ordered to pay nearly $556,000 in restitution to the maker of the supplement in California federal court.
-
October 03, 2025
11th Circ. Backs Royalties Firm In Hip-Hop Payouts Dispute
The Eleventh Circuit on Friday affirmed a win for a music royalties firm in a case brought against one of the members of the '90s hip-hip duo Black Sheep for allegedly breaching his contract.
-
October 03, 2025
OpenAI Looks To Ditch XAI's Trade Secrets Theft Suit
OpenAI Inc. has written off a suit from xAI accusing it of poaching employees in order to steal trade secrets as another attempt by Elon Musk to disrupt OpenAI's efforts to create artificial intelligence that benefits humanity, adding that employees were leaving Musk's company of their own volition.
-
October 03, 2025
Ex-USPTO Director Vidal Joins Fed. Circ. Advisory Council
The Federal Circuit's advisory council has brought on a former U.S. Patent and Trademark Office director and a Latham & Watkins LLP partner as its newest members.
-
October 03, 2025
Newman Opposes Fed. Circ.'s Stay Bid Amid Shutdown
The government shutdown is no excuse to halt proceedings in Judge Pauline Newman's case for reinstatement to the Federal Circuit, the judge said in an opposition, noting in a Friday filing that the Federal Circuit was seeking to delay its own litigation while pledging to deny similar motions that come before it.
-
October 03, 2025
Deceased IP Attys' Names Worth $55K, Conn. Judge Rules
A Connecticut federal judge has declined to upend an expert's valuation amounting to $54,775 in a trademark infringement suit over the names of deceased law partners that appear in the masthead of intellectual property firm Ohlandt Greeley Ruggiero & Perle LLP, determining such a change is unwarranted.
-
October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
-
October 03, 2025
Stryker Gets Fed. Circ. To Ax Bone Fusion Patent Claims
The Federal Circuit on Friday reversed the Patent Trial and Appeal Board's findings that Stryker failed to show that certain claims were anticipated in a trio of OsteoMed patents relating to ways to secure bones together.
-
October 03, 2025
Getting It Right: An Economist On Transfer Pricing
Michael McDonald, who retired from EY last month, spent most of his career at the U.S. Treasury Department, working on rules governing how related companies should calculate the value of intangible assets transferred between them, then later contributed to the massive rewrite of international tax rules by the OECD in 2015. McDonald reflected on both projects in an interview with Law360.
-
October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up
In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
Expert Analysis
-
Data Undermines USPTO's 'Settled Expectations' Doctrine
An analysis of inter partes review proceedings filed since 2012 appears to refute the U.S. Patent and Trademark Office's recent stance that patent owners develop a strong settled expectation that their patents will not be challenged after being in force for six years, say Jonathan DeFosse and Samuel Smith at Sheppard Mullin, and Kenzo Kasai at NGB Corp.
-
Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
-
Fed. Circ. In July: Instability In IPR Requirements
The Federal Circuit's decision in Shockwave v. Cardiovascular last month provided an important, albeit short-lived, clarification to the type of evidence that can be used in an inter partes review challenge, say attorneys at Knobbe Martens.
-
Structuring Noncompetes In License And Collaboration Deals
As companies grappling with coming patent cliffs look to mergers and acquisitions to compensate, contracting parties assessing biopharma license and collaboration agreements should prepare to agree on noncompetes that ensure the parties' respective objectives are met and that their incentives are aligned, both under their collaboration and beyond, says Jeff Jay at Freshfields.
-
Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
-
7 Ways To Fetch Patents In The World Of Working Animals
Though developers rarely file patents related to working animals, and animal training techniques are generally considered unpatentable, certain aspects of training and developing animals may be ripe for patent protection, say Matthew Avery at Baker Botts, Makenzi Galvan at Perkins Coie and Lute Yang at Orrick.
-
Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
-
Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
-
A New IP Game Plan For College Football Players
For college stars navigating their first season under the newly implemented settlement in House v. NCAA and new NFL recruits, securing trademark rights isn't just a savvy business move — it's essential for building and protecting a personal brand that can outlast their playing days, says Ryan Loveless at CM Law.
-
From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
-
9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
-
9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.
-
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.
-
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.
-
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.