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Intellectual Property
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August 11, 2025
Calif. Judge Shuts Off Some Netflix Patent Claims In Suit
A California federal judge has narrowed Netflix's lawsuit accusing Broadcom of ripping off five software patents, tossing some patent claims for good while giving the streaming company the ability to amend others.
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August 11, 2025
Levi Strauss Sues NotSoNormal Over Alleged TM Infringement
Levi Strauss & Co. has launched a trademark infringement action against a Los Angeles-based retailer it accuses of selling reworked versions of its apparel products for hundreds of dollars, according to a complaint in California federal court.
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August 11, 2025
Weil Brings On Another IP Litigation Duo From Latham
Weil Gotshal & Manges LLP announced Monday that it has hired more attorneys from Latham & Watkins LLP, this time bringing on two intellectual property attorneys in Boston and San Francisco on the heels of other recent additions from the firm.
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August 08, 2025
Trump Admin Threatens To Take Harvard's Patents
The U.S. Department of Commerce on Friday threatened to invoke the government's so-called march-in rights to take control of patents owned by Harvard University, accusing the Ivy League institution of not meeting its obligations tied to federally funded research.
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August 08, 2025
Missy Elliott Producer Can't Delay Copyright Trial
A Pennsylvania federal judge refused Thursday to delay a copyright trial against music superstar Missy Elliott until after a sanctions motion is decided, leaving the trial set for Aug. 25.
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August 08, 2025
Denver Broncos Say Coffee Co. Used IP Despite Owing $1.5M
The Denver Broncos told a Colorado state court Friday that a now-defunct coffee company illegally used the team's intellectual property to sell products even though it owed the team over $1.5 million.
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August 08, 2025
Fired Copyright Office Director Takes Fight For Job To DC Circ.
The ousted head of the U.S. Copyright Office brought the fight over President Donald Trump's termination of her to the D.C. Circuit on Thursday, where she asked for an emergency injunction to reinstate her while she challenges her "patently unlawful removal."
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August 08, 2025
MSN Calls On Full Fed. Circ. To Rethink Double Patenting Rule
MSN Laboratories urged the full Federal Circuit on Friday to reconsider a decision on when patents can be invalidated for double patenting, arguing in a Parkinson's disease drug case that the court has improperly limited the free use of expired patents and permitted harassing lawsuits.
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August 08, 2025
How Patent Attys Can Limit 'Skinny Label' Risks In Ads
The Federal Circuit has twice cited a company's marketing practices to allow arguments that a generic drug's "skinny label" could induce patent infringement, and here, Law360 offers tips on how patent attorneys can take a more active role in making sure company and client advertisements pass muster.
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August 08, 2025
USPTO Throws Out Over 52,000 TM Apps For Fraud Issues
The U.S. Patent and Trademark Office has thrown out tens of thousands of applications and registrations for trademarks prepared by a Chinese company that allegedly forged signatures and doled out legal advice despite not having the training to do so.
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August 08, 2025
Vape Maker Must Arbitrate Claims Of Distributor Misconduct
A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.
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August 08, 2025
George Clinton Fights Sanctions In Decades-Long IP Battle
Funk legend George Clinton has asked a Florida federal court to reject sanctions and lawsuit dismissal bids from music executive Armen Boladian, arguing that his copyright ownership complaint is not frivolous.
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August 08, 2025
GlaxoSmithKline Will Get $500M In CureVac-Pfizer Patent Deal
British pharmaceutical company GlaxoSmithKline said Friday it stands to make up to $500 million from settlements between German biotech companies CureVac and BioNTech after their legal disputes were squashed by a merger.
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August 08, 2025
Citing 'Seinfeld,' Nostalgic Judge Pares SmartSky Patent Suit
A federal judge pined for the pre-internet days of disconnectivity while flying and blamed two in-flight Wi-Fi companies for ushering that era's demise as he invalidated a claim in one of the patents in an infringement dispute between the two.
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August 08, 2025
Match Beats Rest Of British Telecommunications Patent Suit
Match.com has defeated the remainder of a lawsuit claiming it infringed a personal profile patent owned by British Telecommunications, saying the last claim at issue didn't pass either prong of the U.S. Supreme Court's Alice test.
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August 08, 2025
Fed. Circ. Undoes LG's $14M Trial Loss, Invalidating Patent
The Federal Circuit on Friday scrapped a $14 million judgment against LG Electronics Inc. for infringing a Mondis Technology Ltd. patent covering a computer display technology, deeming the patent invalid based on an inadequate written description.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Judge Tosses $150M Royalties Suit Against SiriusXM
A Manhattan federal judge has dismissed a suit against SiriusXM from a nonprofit royalty collector alleging $150 million in unpaid royalties, saying the dispute cannot be litigated under a certain section of the Copyright Act.
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August 08, 2025
Stewart Rejects 8 IPR Petitions While Overriding May Denial
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart used her director review powers to grant a petition for inter partes review that she'd previously denied, but otherwise largely supported patent owners in the small batch of recent discretionary denial reviews.
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August 08, 2025
Google Loses Bid To Send Patent Case From WDTX To Calif.
A Western District of Texas magistrate judge has refused to ship to California a lawsuit accusing Google of infringing patents covering ways to safely do financial transactions on a mobile device, finding the tech giant failed to show the Golden State was more convenient.
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August 08, 2025
Buchanan Ingersoll Hires Section 337 Leader From Polsinelli
Buchanan Ingersoll & Rooney PC has brought on as shareholder an international trade attorney from Polsinelli PC to lead its International Trade Commission Section 337 practice, the firm has announced.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.
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August 08, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the U.S. Securities and Exchange Commission target a British investor over a $10 million microcap fraud scheme, Merck Sharp & Dohme move against Halozyme Inc. following a recent clash over its patented cancer medicine, and Birmingham City Council sue a school minibus operator years after ending its contract over DBS check failures. Here, Law360 looks at these and other new claims in the U.K.
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August 07, 2025
Settlement Ends Lashify Patent Case After Fed. Circ. Ruling
Eyelash extension maker Lashify and a company it accused of patent infringement have reached a settlement, according to a Thursday filing at the U.S. International Trade Commission, after the Federal Circuit used the case to relax rules on filing suits at the ITC.
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August 07, 2025
9th Circ. Says Attys Can't Get $920K Fees For $8K Trial Win
The Ninth Circuit affirmed a lower court's decision Thursday to deny a request of over $920,000 in attorney fees from the creator of two strategic problem-solving charts following her jury trial win of $8,000 in a copyright infringement case, saying the district court property articulated the reasons for the denial.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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IP Due Diligence Tips For AI Assets In M&A Transactions
Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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A Look At Florida's New Protected Series LLC Legislation
A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.
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Opinion
New USPTO Leadership Must Address Low-Quality Patents
With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.
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Opinion
High Court Must Overrule Outdated Patent Eligibility Doctrine
A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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DOJ Enforcement Trends To Watch In 2nd Half Of 2025
Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.
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The State Of AI Adoption In The Patent Field
The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues
The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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IRhythm IPR Denial Raises Key PTAB Discretion Questions
By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.
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Dupes Boom Spurs IP Risks, Opportunities For Investors
The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.