Intellectual Property

  • August 29, 2025

    'I'm Flabbergasted': Fla. Atty's Accusers Rip Bar For Inaction

    More than a year after it began receiving complaints that a Florida lawyer was ghosting clients, the state bar has yet to take action — highlighting what experts call a slow-moving process that can fail to keep pace with expansive alleged frauds.

  • August 28, 2025

    Trump Ends Bargaining Rights For Workers At More Agencies

    President Donald Trump on Thursday signed an executive order that purports to remove collective bargaining rights from federal workers at several more agencies, including NASA, the National Weather Service and the U.S. Patent and Trademark Office, a move that one union slammed as "retaliation."

  • August 28, 2025

    3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight

    The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.

  • August 28, 2025

    CBP, ITC Say Masimo Suit Over Apple Watch Ruling Misplaced

    The U.S. International Trade Commission and U.S. Customs and Border Protection balked at Masimo's request that a D.C. federal court temporarily block a ruling allowing imports of redesigned Apple Watches despite the companies' patent dispute, saying it's seeking relief in the wrong places.

  • August 28, 2025

    Del. Judge Rejects J&J Unit's $12M Interference Claim

    Johnson & Johnson unit DePuy Synthes Sales Inc. could not persuade a Delaware federal judge that it invented the technology behind an RSB Spine LLC spinal fusion surgery patent a jury says it owes $12 million for infringing.

  • August 28, 2025

    PNC Urges Justices Not To Review Nixed USAA $218M Verdict

    PNC Bank said the U.S. Supreme Court should not review a Federal Circuit decision erasing a $218 million patent infringement verdict for USAA, which has argued the case is essentially identical to another that resulted in an opposite ruling.

  • August 28, 2025

    Barings Denied Ex-Employee Emails In Corporate Raid Case

    Investment giant Barings LLC can't force five former employees to hand over their personal emails and text messages in a corporate-raiding suit because their current employer doesn't have them, nor does it have a right to them, a North Carolina Business Court judge ruled.

  • August 28, 2025

    IP Notebook: 'Lazy Reaction' Vids, Lafufus, Proud Boys TM

    In this round of emerging copyright and trademark issues, Law360 delves into "lazy reaction video" lawsuits from YouTube creators who accuse others of pilfering video views, and the attempt by the creator of Labubu plush dolls to get ahead of the "Lafufu" knockoff craze.

  • August 28, 2025

    Attys, Judge Mull Next Steps In 'Ugly House' Trademark Trial

    A Delaware federal judge took a stab on Thursday at focusing post-trial briefing after three days of testimony on home-selling franchise HomeVestors of America Inc.'s claims that Warner Bros. Discovery's "Ugliest House In America" series has infringed its trademarks and confused customers.

  • August 28, 2025

    PTAB Won't Make USPTO Give William Shatner A Patent

    The Patent Trial and Appeal Board has affirmed the U.S. Patent and Trademark Office's conclusion that "Star Trek" star William Shatner's proposed smartphone organization system doesn't meet patent eligibility requirements.

  • August 28, 2025

    Fed. Circ. Gives Google Another Go At Database IP Challenge

    The Federal Circuit on Thursday revived Google's challenge to the validity of claims in a pair of patents covering database systems, faulting the Patent Trial and Appeal Board for excluding portions of Google's arguments and ordering the board to apply some of the company's claim construction on remand.

  • August 28, 2025

    Truist, Ex-Execs Clash In Bids To End Poaching Dispute

    Charlotte, North Carolina-based Truist Financial Corp. and its mortgage banking arm resisted a bid for a pretrial win by its former executives' new employer, arguing that troves of evidence sustain its claims that over 50 employees were illegally poached, costing the bank tens of millions of dollars in losses.

  • August 28, 2025

    Apple, Comcast, Others Face Headwater Patent Suit Spree

    Headwater Research LLC has fired off a salvo of patent infringement suits in two Texas federal courts against technology giants Apple Inc., Amazon and Google, as well as wireless services and cable providers Comcast, Charter Communications Inc. and Dish Network, after winning $279 million against Samsung at trial over similar claims and $175 million from Verizon in a case that later settled.

  • August 28, 2025

    USPTO Offers Streamlined Patent, TM Assignment Search Tool

    The U.S. Patent and Trademark Office is upgrading its search system for patent and trademark assignment records with a web-based platform beginning next month, the agency said.

  • August 28, 2025

    Sonos Gets Fed. Circ. To Revive IP From $33M Google Verdict

    A California federal judge wrongly invalidated claims of Sonos Inc. speaker patents after its $32.5 million jury trial win over Google LLC, the Federal Circuit said Thursday as it largely reversed the judge's holding.

  • August 28, 2025

    9th Circ. Reinstates Copyright Suit Over Liturgical Song

    The Ninth Circuit has revived a copyright suit by a songwriter who claimed that elements of his liturgical song were copied by a Christian songwriter, ruling that even though some evidence was rightly excluded, there were still triable elements to the case.

  • August 28, 2025

    First Chief PTAB Judge Remembered As Industrious Leader

    Colleagues and loved ones of James Donald Smith — the first chief judge of the Patent Trial and Appeal Board who died this spring — remembered him as a superb leader, talented violist and dear friend at a memorial service on Saturday that featured a reading of a letter from former President Barack Obama.

  • August 28, 2025

    Perplexity AI Settles TM Fight Over 'Comet' Name

    Perplexity AI and software company Comet ML have settled a trademark dispute over the "comet" mark that was sparked after Perplexity launched a search engine under that name.

  • August 27, 2025

    47 AGs Push Search, Payment Platforms To Stop 'Deepfakes'

    A bipartisan coalition of 47 attorneys general called on search engine giants Google, Microsoft and Yahoo, as well as PayPal, Apple and other payment platforms, to step up their efforts to stop the spread of computer-generated "deepfake" images and videos, warning about the need to protect young internet users.

  • August 27, 2025

    Judge Allows Bulk Of Grand Theft Auto IP Suit To Proceed

    A Los Angeles federal judge has allowed most of a copyright and trademark infringement suit brought by video game maker Take-Two Interactive Software Inc. against a website that sells cheat codes for Grand Theft Auto V to move forward.

  • August 27, 2025

    MSN Warns Justices Of 'Double Standard' In Entresto Appeal

    MSN Pharmaceuticals is urging the U.S. Supreme Court to step in after the Federal Circuit barred its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying the circuit court used a broad construction of the patent to find infringement and a narrow version to uphold validity.

  • August 27, 2025

    IP Atty Beats Temu's Claims He Lied To Bag Settlements

    A Massachusetts federal judge has dismissed Chinese e-commerce platform Temu's lawsuit accusing a California intellectual property attorney of lying to secure settlements for his clients, but the judge refused Wednesday to sanction Temu and its counsel at WilmerHale and Keker Van Nest & Peters LLP for filing a frivolous suit.

  • August 27, 2025

    CoStar Says Copyright Claims Against CREXi Can't Wait

    CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.

  • August 27, 2025

    IP Atty Challenges 'Pittance' Valuation Of Ex-Partners' Names

    A longtime Connecticut intellectual property lawyer who left Ohlandt Greeley Ruggiero & Perle LLP to launch his own firm says the names of two deceased partners are worth more to a remaining attorney than an expert's proposed 2% licensing fee, arguing the names achieved "celebrity status" in the IP community.

  • August 27, 2025

    Grubhub Agrees To Pay $7M To End Restaurants' TM Suit

    Several restaurants told an Illinois federal judge they have reached an agreement with Grubhub under which the food delivery service will pay $7.1 million to resolve claims it used their trademarks without permission.

Expert Analysis

  • Associates Can Earn Credibility By Investing In Relationships

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    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

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    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

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    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.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • How Agentic AI Is Testing The Limits Of Patent Law

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    While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.

  • A Former PTAB Judge Weighs The End Of Remote Hearings

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    Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.

  • SDNY Ruling Reinforces Joint Steering Committee Obligations

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    The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.

  • Top Takeaways From Trump's AI Action Plan

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    President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • How Big Pharma Has Responded To FTC Delisting Demands

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    Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • How To Successfully Challenge Jurors For Cause In 5 Steps

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    To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.

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