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Intellectual Property
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August 26, 2025
MLB Players, DraftKings Eyeing IP Suit Settlement
An MLB players association and sports betting company DraftKings Inc. are engaged in settlement talks to resolve claims that the athletes' images are being used without permission to promote the gambling platform, according to a recent court filing.
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August 26, 2025
Fed. Circ. Faults Tribunal Over F-Word TM Denial
A split Federal Circuit panel on Tuesday vacated a trademark tribunal's refusal to register the F-word, saying in a precedential opinion that the decision below lacked sufficient clarity regarding why some commonplace words can function as trademarks while others cannot.
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August 25, 2025
Eli Lilly Settles Feud With Clinics Over TM Infringement
Eli Lilly & Co. has come to terms with two clinics that it sued in Washington federal court for trademark infringement after accusing them of tricking customers into thinking they were buying brand name versions of weight loss medications Mounjaro and Zepbound.
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August 25, 2025
Empire Sues AT&T, Lenovo After $12.5M IP Win Over Samsung
With a $12.5 million jury verdict against Samsung under its belt, Empire Technology Development has launched a pair of mobile technology patent infringement suits against AT&T and Lenovo in the same court.
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August 25, 2025
Kong Toy Co. Owners Clash Over Alleged Deal Violations
Five attorneys traded accusations of secret power plays and cash grabs Monday at the start of the bench trial in Colorado state court between the co-owners of the dog toy maker Kong Co. LLC.
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August 25, 2025
Warner Bros. Denies 'Ugly House' Infringement At Del. Trial
An attorney for Warner Bros. Discovery Inc. told a Delaware federal judge on Monday its popular "Ugliest House in America" show had "nothing to do" with HomeVestors of America Inc.'s "Ugly House" competition, kicking off an infringement trial where the latter company is seeking millions in disgorgement.
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August 25, 2025
Build-A-Bear, Kelly Toys Settle TM Suit Over Stuffed Toys
Build-A-Bear Workshop Inc. and Kelly Toys Holdings have settled a dispute in California federal court over stuffed toys in which Kelly Toys claimed Build-A-Bear's Skoosherz toys copied its popular Squishmallow line.
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August 25, 2025
Fed. Circ. Overbroad In Hip Joint Implant Suit, High Court Told
A German medical supplier wants the U.S. Supreme Court to take up its appeal of the Federal Circuit's refusal to revive its trade dress protections for the color pink in a hip joint implant part, saying a circuit split warrants the justices' review.
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August 25, 2025
Stewart Overrules 3 PTAB Discretion Decisions On Dir. Review
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart freed WSOU Investments and Nutanix from challenges where the Patent Trial and Appeal Board had already instituted review, but then revived an inter partes review Nike had originally dodged.
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August 25, 2025
Google, Samsung Tell Fed. Circ. To Reject USPTO Extension
Google and Samsung urged the Federal Circuit on Monday to reject the U.S. Patent and Trademark Office acting director's request for an extra month to address their challenge to her discretionary denial practices.
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August 25, 2025
Google Can't Pause IP Suit To Wait On Justices' Cox Decision
Google can't halt textbook publishers' infringement suit over pirated book ads while awaiting the Supreme Court's decision in Cox Communications' appeal regarding the liability of internet service providers when their service leads to online music piracy, a New York federal judge has ruled.
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August 25, 2025
Gilstrap Rejects Charter Rival's Bid For New Infringement Trial
U.S. District Judge Rodney Gilstrap on Monday turned down Touchstream Technologies Inc.'s request for a new trial or favorable judgment on its claims of patent infringement against Charter Communications, saying Charter had not misled a jury that found infringement did not occur.
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August 25, 2025
UMG Fights Salt-N-Pepa's IP Suit Over Masters
UMG Recordings Inc. urged a New York federal court Friday to toss Salt-N-Pepa's suit demanding the copyrights for several of their hip-hop hits, including "Push It" and "Let's Talk About Sex," arguing the artists can't terminate UMG's grant of rights, and even if they could, UMG can still exploit derivative remixes.
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August 25, 2025
Oura Gets ITC To Bar Infringing Smart Ring Imports
The U.S. International Trade Commission has blocked smart ring makers Ultrahuman and RingConn from importing products it found infringed an Ouraring Inc. wearable computing device patent.
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August 25, 2025
Crypto Gaming Co. Says Musk's AI Startup Used Its Marks
A blockchain-focused gaming firm has sued Elon Musk's xAI for infringing on its XAI trademark, accusing the artificial intelligence venture of sewing confusion among consumers and attempting to "bully" the crypto firm into signing off on the use of similar marks.
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August 25, 2025
Generic-Drugs Group Asks 9th Circ. To Nix Pay-For-Delay Law
A trade group for generic drugmakers urged the Ninth Circuit to fully scrap a California law banning brand pharmaceutical companies from paying to delay generics competition, in a brief targeting both the law's in-state features upheld by a district court and the extraterritorial reach the state wants revived.
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August 25, 2025
Judge Refuses To Bar NC BBQ Joint From Selling Sauces
A North Carolina federal judge has declined to block a chain of barbecue restaurants from selling its sauces and rubs through third-party retailers, saying the company that runs its sister restaurants had not shown that it will suffer irreparable harm without an injunction.
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August 25, 2025
3rd Circ. Again Rejects Atty's Fee Row With Pierce Bainbridge
The Third Circuit on Monday denied Philadelphia attorney Bruce Chasan a third chance to litigate a long-running fee dispute with Pierce Bainbridge Beck Price & Hecht LLP over a client who unsuccessfully sued Microsoft over allegedly stealing his image for a video game.
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August 25, 2025
Delaware Jury Clears Anker In Charger Patent Trial
A Delaware federal jury has cleared Chinese electronics manufacturer Anker of allegations that it infringed two power converter patents with its charger products, while also finding that claims in the patents were invalid.
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August 25, 2025
Apparel Co. Urges Justices To Review Foreign-Word TM Rule
An apparel company has asked the U.S. Supreme Court to review a Federal Circuit ruling that found "Vetements" cannot be a registered trademark because it's generic as the French word for clothes, telling justices that a non-English mark's protectability should be dictated by consumer perception rather than its translation.
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August 22, 2025
Apple Says Ex-Employee Stole Watch Secrets For Oppo
Apple is going after a former employee on its Apple Watch team in a California federal lawsuit, claiming he stole trade secrets related to the wearable device to share with his new employer, Chinese phone maker Oppo.
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August 22, 2025
Newman Given Potential Lifeline In Suspension Appeal Loss
While the D.C. Circuit on Friday declined to revive Federal Circuit Judge Pauline Newman's lawsuit challenging her suspension, experts said the court provided an opening for her to seek further review, by suggesting that the precedent limiting the arguments available to her may be flawed.
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August 22, 2025
USPTO Allows Discretionary Denials For 3-Year-Old Patents
A top Patent Trial and Appeal Board judge Friday rejected challenges to GenghisComm Holdings LLC patents issued as recently as 2022, as part of the three discretionary review decisions issued over the last week.
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August 22, 2025
Amazon Doesn't Let Viewers Keep Movies They 'Buy,' Suit Says
Amazon has been hit with a proposed class action in Washington federal court claiming the company deceptively "sells" movies on Amazon Prime Video without disclosing to consumers that its limited digital license to any audiovisual work might be inaccessible down the line.
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August 22, 2025
BJ's, Five Guys Ripped Off Digital Ordering Patent, Suits Say
Five Guys, BJ's and other chain restaurants have been sued in Texas federal court by Smart Order LLC, which alleges that the eateries are infringing its patent covering online customer purchasing systems available through mobile apps or in-store kiosks for curbside pickup or scheduled preorders that help cut down on waiting times.
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.