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Intellectual Property
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July 16, 2025
Property Evaluation Patent Case Allowed To Move Forward
A federal judge has refused to toss a suit claiming an artificial intelligence property risk assessment company infringed patents used to evaluate properties, saying the patents cleared the U.S. Supreme Court's Alice test.
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July 16, 2025
With Discretionary Denials, PTAB Accepting Fewer Petitions
The rate of patent challenges accepted by the Patent Trial and Appeal Board is still declining, with data for July showing a sharp decrease in the institution rate following major changes in board practice, according to data shared at a Sterne Kessler Goldstein & Fox PLLC webinar Wednesday.
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July 16, 2025
AI Tools Taking On Bigger Role In USPTO Patent Examination
The U.S. Patent and Trademark Office is expanding how artificial intelligence is used in patent examination, adding an image search tool that design patent examiners will soon be trained on to existing tools for utility patent examiners, officials said at a Wednesday event.
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July 16, 2025
Ex-Tech Exec Says Ga. Law Can't Hold Her To Trade Secrets
An ex-vice president of Georgia-based software firm Trinoor LLC said Tuesday that a trade secrets suit from her former company should be thrown out over contradictory language about which state's law ought to govern the spat.
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July 16, 2025
Hawley Accuses AI Cos. Of Largest IP Theft In US History
U.S. Sen. Josh Hawley condemned artificial intelligence developers accused of using pirating sites to obtain training material for their AI models, calling the claims part of "the largest intellectual property theft in American history" during a hearing Wednesday.
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July 16, 2025
Senior Placement Co. Wants Out Of False Ad Suit
A company that places senior citizens in retirement homes has asked a Georgia federal judge to toss a proposed class action alleging it falsely advertised free services and steered business away from communities that declined to participate in its "pay-to-play" business model, arguing the claims were just "speculation and conjecture."
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July 16, 2025
BOE Misappropriated Samsung Trade Secrets, ITC Judge Finds
A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.
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July 16, 2025
Fish & Richardson Avoids DQ From GM Patent Fight
A Chicago federal judge has declined to disqualify intellectual property firm Fish & Richardson PC from representing General Motors Co. in a suit over patents for fender designs, rejecting arguments that the firm sought to target a paralegal who had previously handled the case for opposing counsel.
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July 16, 2025
Nexstar Media Sues Ex-Worker Over 'Cruisin' Connecticut' TM
Broadcasting giant Nexstar Media Inc. has sued a former sales executive allegedly responsible for finding advertisers for a local television station's "Cruisin' Connecticut" segments, accusing her of launching her own media company in 2019 and filing a trademark application for the similar phrase "Cruisin' CT."
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July 16, 2025
Tech Co. Can't DQ MoFo In IP Suit After Perkins Coie Ouster
A California federal judge denied on Wednesday a motion by the biometric security company FaceTec to disqualify Morrison & Foerster LLP from representing a competitor in its ongoing patent infringement lawsuit.
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July 16, 2025
Funkadelic Leader Seeks Sanctions In 'Baseless' Royalty Row
Parliament-Funkadelic bandleader George Clinton again asked a Michigan federal court to sanction the estate of the band's former keyboardist in their royalty row on Tuesday, telling the court the estate is pursuing "frivolous" claims to financially harm the still-touring musician.
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July 16, 2025
Novartis Denied Bid To Block Generic Entresto In TM Feud
A New Jersey federal judge has rethought her initial decision blocking a Novartis competitor from potentially selling a generic version of a heart failure treatment drug, saying she got it wrong when she earlier analyzed a trade dress claim.
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July 16, 2025
WilmerHale Can't Stay As Verizon's Attys In Texas Patent Trial
A federal judge in Texas has sided with a magistrate judge who found that a pair of WilmerHale lawyers representing Verizon in a dispute with Headwater Research LLC should be disqualified because the firm previously represented the owner of the patents at issue.
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July 16, 2025
2nd Circ. Revives TM Suit Over Chinese Speaker Shipment
The Second Circuit has reinstated a trademark case from speaker manufacturer Altec Lansing over another company's purchase of speakers with Altec's branding from a Chinese company, saying Altec had created a genuine dispute over the nature of the sale.
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July 15, 2025
IP Owner Orgs Urge Fed. Circ. To Reject Fintiv Memo Appeal
Organizations representing startups and other intellectual property owners have urged the Federal Circuit to reject SAP America Inc.'s mandamus petition challenging the U.S. Patent and Trademark Office leader's handling of a discretionary denials policy, arguing she acted within the powers of her role.
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July 15, 2025
Former IP Partners' Names Worth $52K, Expert Testifies
The names of two deceased law partners are worth between $28,000 and $52,000 per year to a Connecticut intellectual property boutique, an expert testified Tuesday during a federal court hearing in a valuation dispute between two of the late lawyers' colleagues.
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July 15, 2025
Patent Fight Over Xtandi Erupts Anew Before RFK Jr.
A new dispute is playing out over the price of a prostate cancer drug that was developed at University of California, Los Angeles, and is being sold by Pfizer, with the federal government being pushed on the issue of using its authority to allow early entry of generics.
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July 15, 2025
Court Blocks Generic Selenium Products Amid Patent Suit
A New Jersey federal judge has temporarily blocked a group of generic-drug companies from selling versions of a selenium injection treatment covered by patents owned by American Regent Inc., which accused the group of patent infringement.
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July 15, 2025
The Biggest IP Agency Developments Of 2025: Midyear Report
The U.S. Patent and Trademark Office and the U.S. Copyright Office have not been spared from the Trump administration's shake-ups and changes across the federal government in the first half of the year.
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July 15, 2025
9th Circ. Backs Nature's Way Loss In Supplements TM Suit
The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.
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July 15, 2025
Patent Owner Wants Google Sanctioned For Discovery Tactics
The owner of a location tracking patent has asked a New York federal judge to sanction Google in an infringement case, claiming the company dumped massive amounts of documents on him before depositions were set to begin and then refused to respond to a proper request for more information.
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July 15, 2025
Fed. Circ. Temporarily Blocks MSN's Entresto Generic
The Federal Circuit gave Novartis Pharmaceuticals Corp. a temporary reprieve Tuesday from having to face generic competition for its top-selling drug, Entresto, after losing a bench trial in Delaware.
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July 15, 2025
Fizz Social Loses Bid To Block Instacart's 'Fizz' Drink App
A California federal judge has denied social media platform Fizz Social Corp.'s bid for a preliminary injunction in its trademark infringement and anti-cybersquatting lawsuit accusing Instacart and Partiful of ripping off its "FIZZ" mark to launch a rival "Fizz" beverage-delivery app that targets the so-called Gen Z demographic.
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July 15, 2025
Voxer Sues Google And Amazon Over Streaming Patents
Virtual walkie-talkie maker Voxer has sued Google and Amazon in Delaware federal court, claiming they infringed the same network reception patents resulting in a $206 million trial win in a separate case against Meta in 2022 that was later vacated after a settlement.
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July 15, 2025
9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case
The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.
Expert Analysis
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.