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Intellectual Property
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March 19, 2025
Revlon Settles Trade Secrets Case Over Britney Spears' Scent
A federal court signed off on settlements ending Revlon's trade secrets case against an upstart Italian beauty brand, and one of its former marketing executives, who were both accused of stealing trade secrets when luring Britney Spears' perfume line abroad.
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March 19, 2025
Special Master Suggests Sanctioning Irell In Patent Case
Irell & Manella LLP should be sanctioned for the actions of an attorney who allegedly presented an altered document during a deposition for its client CogniPower LLC as part of the company's patent infringement lawsuit against Samsung Electronics, a special master in the case has recommended.
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March 19, 2025
Pillsbury Adds Commercial Deal Pro From A&O Shearman
Pillsbury Winthrop Shaw Pittman LLP has expanded its global sourcing and technology transactions practice with the addition of the U.S. head of Allen Overy Shearman Sterling's digital, data, intellectual property and technology practice.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 18, 2025
Miley Cyrus Must Keep Facing 'Flowers' Song Copyright Suit
A California federal judge on Tuesday denied singer Miley Cyrus' bid to escape a lawsuit accusing her and her chart-topping "Flowers" co-writers of copying a Bruno Mars hit, rejecting arguments that the music investment company that filed the complaint couldn't sue because it isn't the sole owner of rights to Mars' song.
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March 18, 2025
Commerce Chief Removes USPTO Advisory Panel Members
Commerce Secretary Howard Lutnick on Tuesday ended the terms of every member of two U.S. Patent and Trademark Office committees made up of individuals from outside the office who advise it on patent and trademark policies.
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March 18, 2025
Apple Arcade Accused Of Infringing Download Patent
Apple was hit with a lawsuit Tuesday in Delaware federal court alleging its Arcade subscription service infringes a patent covering the process of searching for and downloading games.
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March 18, 2025
ITC To Review Whether Tourniquet Importers Are Ignoring Ban
The U.S. International Trade Commission said that it is going to look into claims from a tourniquet maker that importers are ignoring a ruling last year that banned foreign counterfeit products.
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March 18, 2025
Music Publishers, Anthropic Fight Over Song Lyric Discovery
Music publishers urged a California federal magistrate judge Tuesday to order artificial intelligence company Anthropic to produce certain song lyric data from both before and after Anthropic implemented "guardrails" to prevent Anthropic's AI tool "Claude" from outputting copyrighted lyrics, while Anthropic slammed the discovery request as overly broad.
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March 18, 2025
Let Patent Examiners Telework, Atty Group Tells Lutnick
A trade group of patent lawyers is asking the U.S. Department of Commerce to maintain longtime "telework protections" for patent examiners in the wake of Trump administration initiatives to require in-person work.
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March 18, 2025
Netlist Slams Samsung's 'Abuse Of Power' As 3rd Trial Begins
Samsung Electronics Co. engaged in a "raw abuse of power" when it breached the terms of a patent licensing agreement with chipmaker Netlist Inc., a jury heard Tuesday as the contract dispute went to trial for the third time in California federal court.
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March 18, 2025
Motorola Gets PTAB To Wipe Out Video Streaming Patent
The Patent Trial and Appeal Board has ruled that Motorola has shown that all the challenged claims in a patent on providing access to video streams over a network are invalid, finding they were too obvious to warrant patent protection.
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March 18, 2025
Bausch Eye Vitamin Case Should Go To Jury, Judge Says
The maker of eye care product MacularProtect shouldn't get a ruling clearing it from allegations it infringed Bausch & Lomb patents related to its PreserVision vitamin based on a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, a federal magistrate judge in Delaware has said.
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March 18, 2025
Fed. Circ. Says It Can't Review Realtek's ITC Sanctions Fight
The Federal Circuit ruled Tuesday that the appeals court can't tell the U.S. International Trade Commission to explain why it declined Taiwan-based chipmaker Realtek Semiconductor Corp.'s request for a "sua sponte ruling" over a rival's alleged conduct in a dropped patent investigation.
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March 18, 2025
AI Healthcare Co. Accuses Test-Maker Of Infringing Patents
Artificial intelligence-powered diagnostics company Tempus AI has accused medical test-maker Guardant Health of infringing numerous patents related to healthcare records platforms and ways of pinpointing patient biomarkers.
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March 18, 2025
DraftKings Must Face Claims In MLB Players' NIL Suit
DraftKings has failed to convince a Pennsylvania federal judge to toss a lawsuit against it claiming the company unlawfully used images of MLB players for promotional purposes, as the court rejected the argument that using the pictures was protected speech.
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March 18, 2025
NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.
An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.
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March 18, 2025
Greenberg Traurig Boosts Litigation Team With 4 Denver Attys
A team of four litigators have joined Greenberg Traurig LLP's growing Denver office, including a shareholder who was tapped to lead the office's litigation practice.
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March 18, 2025
DC Circ. Denies Copyright For AI-Created Artwork
The D.C. Circuit on Tuesday rejected an inventor's appeal to obtain a copyright for an artwork made by his artificial intelligence system, affirming the stance from the U.S. Copyright Office that the law protects only human creations.
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March 17, 2025
Novartis Nabs Partial Ban Against MSN's Heart Drug Generic
Novartis AG succeeded Monday in blocking a competitor from potentially selling a similar-looking generic drug for treating heart failure, with a New Jersey federal judge remarking that MSN Laboratories Pvt. Ltd. "could have distinguished its pills," though she was less convinced that the name "Novadoz" was confusingly similar to "Novartis."
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March 17, 2025
ZoomInfo Says Rival's Employee Reviews Show Infringement
Customer data platform company ZoomInfo has hauled its competitor Apollo.Io into Delaware federal court for allegedly infringing two of its patents, citing employee reviews on Glassdoor criticizing Apollo for copying and "cloning" rival products.
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March 17, 2025
Jonny Pops Can't Stop Rival's Suit Over '100% Real Fruit' Label
A Texas federal judge refused to discard GoodPop's false advertising suit alleging Jonny Pops copied its popsicles and misleadingly labeled them as being made with "100% real fruit" and "simple ingredients" despite containing an unhealthy amount of added sugar, ruling Jonny Pops's statements, accompanied by images of fruit, could mislead consumers.
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March 17, 2025
Judge Ends Ex-Ga. Tech Prof's Suit Over Finance Probe
Two Georgia Tech auditors have escaped a malicious prosecution suit from a former professor over allegedly suspicious financial dealings by his startup that they flagged, as a Georgia federal judge said the professor "failed to provide evidence" his rights were violated.
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March 17, 2025
NCAA, States Ask Judge To OK Deal On NIL Recruiting Rules
A coalition of states and the NCAA asked a Tennessee federal judge to sign off Monday on a settlement that seeks to resolve antitrust litigation over the NCAA's ban on athlete recruits' name, image and likeness compensation, revealing new details of the deal, including a permanent bar on future policies.
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March 17, 2025
Gogo Says Rival Pivoted From Competing To Suing
In-flight entertainment company Gogo Business Aviation wants out of a $1 billion lawsuit accusing it of wielding its monopoly over air-to-ground broadband tech to keep competitors at bay, telling the court that SmartSky is just trying to convert their intellectual property dispute into an antitrust one.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Trademark Food For Thought When Rebranding
Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Opinion
Bring Back Patent Models To Shut Down The Patent Trolls
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.