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Intellectual Property
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Featured
The Top Trademark Decisions Of 2025
The U.S. Supreme Court vacated a trademark infringement award that reached nearly $47 million and found nonparties couldn't be on the hook for the amount, while the Federal Circuit reproached a trademark tribunal for its handling of a man's attempt to register the F-word. Here are Law360's picks for the biggest trademark decisions of 2025.
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December 17, 2025
Circuit-By-Circuit Guide To 2025's Most Memorable Moments
Federal circuit courts in 2025 strained under a crush of Trump administration lawsuits, as judges directed animated language at litigants and even their fellow judges. And while the president only added a handful of appellate jurists, they had outsize impacts on circuit benches as they joined the cadre of conservatives seated in his first term.
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December 17, 2025
Judge Temporarily Blocks German Patent Case Against BMW
A Texas federal judge has issued a temporary restraining order against a patent company from pursuing legal action against carmaker BMW in German court, after BMW said the company was making an "unprecedented" legal move by pursuing an injunction in German court related to U.S. patents.
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December 17, 2025
Judge's Contact With 'Tiger King' Ex-Atty Won't Disqualify Him
A Tenth Circuit judge on a panel reviewing a copyright infringement claim against Netflix over a video clip included in its "Tiger King" docuseries can stay on the case after inadvertently contacting a former attorney for the plaintiffs, the parties told the appellate court in separate letters.
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December 16, 2025
Patent Attys Ordered To Explain AI-Hallucinated Citations
A Kansas federal judge ordered the attorneys representing patent licensing company Lexos Media IP in its infringement suit against Overstock.com Inc. to explain why they shouldn't be sanctioned for submitting briefs that contained nonexistent and incorrect legal citations hallucinated by generative artificial intelligence.
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December 16, 2025
X Hits Company Behind 'Twitter.New' Site With Trademark Suit
X Corp. filed suit Tuesday against a company seeking to bring Twitter back, saying in a complaint filed in Delaware federal court that "Twitter never left" and that the trademarks associated with the social media platform remain X's "incontestable intellectual property."
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December 16, 2025
Bobcat, Caterpillar, Lawmakers Spar Over Possible Import Ban
Doosan Bobcat has told the U.S. International Trade Commission to ignore claims by rival Caterpillar Inc. and eight members of Congress that U.S. industry will be harmed by banning imports of Caterpillar construction machines if they are found to infringe Doosan Bobcat patents.
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December 16, 2025
Samsung Wants ITC To Consider Oura Smart Ring IP Fight
Samsung has expanded its legal battle with Oura over patents covering biometric-tracking wearable technologies, telling the U.S. International Trade Commission that Oura's smart rings infringe a set of four patents owned by Samsung.
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December 16, 2025
Anthropic Seeks Music Publishers' Claude IP Testing Data
Anthropic urged a California federal judge during a hearing Tuesday to order music publishers to produce the prompts and outputs their investigators used to test whether the Claude AI chatbot was infringing song lyrics, while the publishers slammed Anthropic's request as an overbroad third attempt to pierce work-product protections.
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December 16, 2025
USPTO To Stay Director Reviews For Fed. Circ. Appeals
U.S. Patent and Trademark Office Director John Squires announced Tuesday that he will pause director review proceedings when the petitioner is also asking the Federal Circuit for relief.
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December 16, 2025
Ultrahuman Loses Bids To Halt ITC Order In Oura Patent Case
The U.S. International Trade Commission and the Federal Circuit have both denied requests by Ultrahuman to stay ITC orders barring imports of its smart rings found to infringe an Ouraring patent, turning aside Ultrahuman's arguments that the orders are too broad.
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December 16, 2025
The Top Copyright Decisions Of 2025
In watershed moments for copyright law and artificial intelligence, two California federal judges delivered the first rulings on whether AI developers' reliance on copyrighted works to train their models qualifies as fair use, providing initial guidance on contentious battles between content creators and tech companies. Here are Law360's picks for the top copyright rulings of 2025.
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December 16, 2025
BMW Seeks Block On 'Unprecedented' German Patent Case
Carmaker BMW has asked a Texas federal court to block what it called an "unprecedented" attempt to adjudicate U.S. patents in German court by a patent company asserting infringement claims.
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December 16, 2025
NCAA Escapes Former Villanova Star's Antitrust Suit
A Villanova University basketball player who sank a buzzer-beating shot to win the 2016 championship missed the window to bring an antitrust lawsuit accusing the NCAA of unlawfully limiting his ability to earn money, a New York federal judge has ruled.
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December 16, 2025
USPTO Tells Fed. Circ. That Inventor 'Abused' Patent System
The U.S. Patent and Trademark Office is urging the Federal Circuit to ignore an inventor's call to end doctrine that can render a patent unenforceable based on delays by the owner during prosecution, saying his actions were "a textbook example of unreasonable examination delays."
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December 16, 2025
Disney, Cameron Face Copyright Suit Over 1st 'Avatar' Sequel
Film director James Cameron, his production company and Disney were hit with another copyright infringement lawsuit on Monday from the writer who previously alleged the first "Avatar" movie ripped off his idea, who says in California federal court that the second one is a "blatant" ripoff of his work.
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December 16, 2025
DOD Contractor Says Engineer Stole 2K Files On Last Day
Defense contractor Competitive Range Solutions LLC is suing a field engineer in Virginia federal court, accusing him of violating the Defend Trade Secrets Act by downloading thousands of confidential documents at the end of his last day of work and after accepting a job with a competitor.
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December 16, 2025
PTAB Cuts X-Ray Patent Claims After Fed. Circ. Remand
The Patent Trial and Appeal Board has found that three claims that Sigray Inc. challenged in a Carl Zeiss X-Ray Microscopy Inc. X-ray imaging patent were invalid after the Federal Circuit told it to take another look at the claims.
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December 16, 2025
Va. Judge Advances Most Claims In Stelara Antitrust Case
A Virginia federal judge has allowed health insurer CareFirst's anticompetition and patent fraud claims against Johnson & Johnson to move forward in a case alleging anticompetitive behavior in relation to the immunosuppressive drug Stelara, while letting the pharmaceutical giant escape some claims of misrepresentation.
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December 16, 2025
Judge Trims Ziff Davis Copyright Claims In OpenAI MDL
A Manhattan federal judge has dismissed part of a suit from digital media publisher Ziff Davis Inc. against OpenAI alleging that its chatbot ChatGPT was trained on copyrighted content scraped from the internet and gives re-creations of those works when prompted.
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December 16, 2025
NC Cardboard Box Salesman Freed From Trade Secrets Suit
A corrugated packing manufacturer can't hold on to its lawsuit alleging a former star salesman defected to a close competitor with its trade secrets after a North Carolina Business Court judge ruled the complaint is too vague.
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December 16, 2025
Fed. Circ. Stunned By 'Numerous' Flaws In Patent Appeal
The Federal Circuit refused Tuesday to revive a patent licensing company's infringement lawsuit over a software patent, finding there were so many issues with the appeal that they "are almost too numerous to count."
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December 16, 2025
Jury Says Magnolia Medical Is Owed $1.6M After Patent Trial
A Delaware federal jury on Tuesday morning found that Magnolia Medical Technologies Inc. is entitled to nearly $1.6 million after Kurin Inc. infringed its patents tied to devices meant for drawing blood.
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December 16, 2025
Another Dechert IP Atty Leaves, This Time For Morgan Lewis
Morgan Lewis LLP has added another departing member of the Dechert LLP intellectual property team, who joins the firm in Boston after Dechert's global intellectual property practice co-chair, two partners, and a total of 30 professionals moved to Cooley LLP last week.
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December 15, 2025
2nd Circ. Won't Revive Ex-Basketball Players' NIL Claims
The Second Circuit on Monday refused to revive a putative class action filed by former college basketball players claiming the NCAA unjustly profited from use of their names and images years after their careers ended, saying the "continuing violation doctrine" doesn't apply and the suit was filed too late.
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December 15, 2025
Smartwatch Giants Sued Over Fall Detection Patents
A company that makes medical alert watches for the elderly has sued Apple, Samsung, Google and Garmin in federal court and the U.S. International Trade Commission, alleging that the fall detection features in their smartwatches infringe two patents.
Editor's Picks
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Copyright Guide Or Policy Change? Project Divides IP Attys
The American Law Institute's restatements of law, widely regarded as influential reference points for judges and attorneys, are typically yearslong projects that are finished quietly and without much controversy, but one for copyright that concluded this year has diverged from that tradition.
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PTAB Judges Alarmed By Squires' Moves To Limit Their Role
With U.S. Patent and Trademark Office leadership limiting the Patent Trial and Appeal Board's oversight of patent validity disputes, current judges for the tribunal say they are distressed by the recent moves to curb their role and are looking for work elsewhere amid the instability.
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Patent Landscape Shifts As Squires Takes On Key PTAB Role
The announcement that U.S. Patent and Trademark Office Director John Squires will now make all decisions on whether to institute America Invents Act patent reviews is expected to reshape litigation, by leading fewer accused companies to file challenges, attorneys say.
Expert Analysis
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady LLP.
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Intellectual Property Challenges In AI-Driven Drug Discovery
Given the adoption of artificial intelligence-based drug discovery platforms and the U.S. Patent and Trademark Office's recent guidance on determining inventorship in AI-assisted inventions, practitioners must consider unprecedented questions regarding inventorship, patentability standards and infringement liability, says Paul Calvo at Sterne Kessler.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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Riding The Changing Winds For AI Innovations At The USPTO
As recent U.S. Patent and Trademark Office moves reshape how artificial intelligence inventions will be examined and put them on firmer eligibility footing, practitioners need to consider how this shift is both an opportunity and a challenge, say Ryan Phelan at Marshall Gerstein and attorney Mark Campagna.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Tapping Into Jurors' Moral Intuitions At Trial
Many jurors approach trials with foundational beliefs about fairness, harm and responsibility that shape how they view evidence and arguments, so attorneys must understand how to frame a case in a way that appeals to this type of moral reasoning, says Steve Wood at Courtroom Sciences.
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Patent Disclaimers Ruling Offers Restriction Practice Insights
The Federal Circuit's recent decision in Focus Products v. Kartri confirms that prosecution disclaimers can extend to examiner-defined species in restriction practice, making it important for patent practitioners to manage restriction requirement responses carefully to avoid unintended claim scope limitations, say attorneys at BCLP.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Eveready Vs. Squirt: How Trademark Surveys Fare In 9th Circ.
An analysis of how two consumer surveys for measuring confusion in trademark disputes perform in the Ninth Circuit across pivotal points in trademark cases' progression reveals insights not only on how the two formats stack up against each other, but also how to maximize a survey's effectiveness, say attorneys at Dorsey.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.
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6 Ways To Nuke-Proof Litigation As Explosive Verdicts Rise
As the increasing number of nuclear verdicts continues to reshape the litigation landscape, counsel must understand how to create a multipronged defense strategy to anticipate juror expectations and mitigate the risk of outsize jury awards, say attorneys at Norton Rose.
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What Law Firm Liability Risks In 2025 Signal For Year To Come
Trends and statistics reveal that law firms of all sizes and practice areas remained attractive litigation targets this year, so firms must take concrete steps to avoid professional liability risks in the year to come, say Douglas Richmond and Andrew Ricke at Lockton Companies.