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Intellectual Property
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March 13, 2025
Interactive Brokers Tells Justices To Skip Trading Patent Case
Trading software company Interactive Brokers has shot back at a rival's effort to persuade the U.S. Supreme Court to look at an "illusory" split between appeals courts over the standard for introducing post-trial fraud evidence in a long-litigated patent case.
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March 13, 2025
Fanatics, NFL Cardinals Rookie Settle Contract Fight
Fanatics has cut a confidential deal with Arizona Cardinals wide receiver Marvin Harrison Jr. and his father to settle the company's contract dispute, resolving litigation that temporarily barred Harrison's jersey number 18 from officially being sold, according to court documents filed in New York state court Thursday.
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March 13, 2025
AT&T, Verizon, T-Mobile Face IP Litigation Over 4G, 5G Tech
AT&T, Verizon and T-Mobile are accused of infringing patents with technology that runs on 4G/LTE and 5G standards, according to Pegasus Wireless Corp. in new litigation in Texas federal court.
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March 13, 2025
Fed. Circ. Sides With Merck In Reissued Patent Debate
The Federal Circuit isn't buying that a reissued patent was actually "issued" at the time it was originally awarded, dashing generic-drug makers' hopes of breaking pharmaceutical giant Merck's hold on a blockbuster drug that counteracts the effects of anesthesia.
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March 13, 2025
Karol G Producer Admitted To Stealing Beat, Suit Claims
Two music producers on Wednesday accused star Colombian singer Karol G and Universal Music Group of lifting the beat from their track "Punto G" for her hit song "Gatúbela," claiming that one of the song's producers even admitted to the theft.
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March 13, 2025
Golden Globe Nominee Settles Conn. Feud With Talent Agent
Golden Globe nominee Cynthia Gibb and her Connecticut acting school have settled a lawsuit against a talent agent, the agent's acting instructor husband and a school they founded by allegedly interfering with a lease and swiping photos and student lists from Gibb's own academy.
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March 13, 2025
Calif. AG Appealing State Limits On Pay-For-Delay Ban
California enforcers are appealing to the Ninth Circuit after a lower court found that a new state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the state.
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March 13, 2025
Fed. Circ. Dings Antibody Patent App For Lacking Description
The Federal Circuit on Thursday affirmed a decision from top U.S. Patent and Trademark Office officials in a highly watched and technical dispute over an antibody patent application, concluding that preambles for so-called Jepson claims need sufficient written descriptions.
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March 13, 2025
Fed. Circ. OKs Injunction Against Innova's Car Circuit Testers
The Federal Circuit decided Thursday to keep an injunction in place stopping sales of Innova Electronics Corp.'s car-testing devices amid allegations those devices infringe a patent by rival Power Probe Group Inc.
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March 13, 2025
Full Fed. Circ. Probes Basis For $20M Google Patent Verdict
The en banc Federal Circuit on Thursday closely scrutinized the damages evidence underlying EcoFactor's $20 million thermostat patent trial victory against Google, with some judges suggesting that it doesn't support the testimony given by EcoFactor's expert witness.
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March 13, 2025
Board To Review Patent In RJ Reynolds' Infringement Dispute
The U.S. Patent Trial and Appeal Board has agreed to hold an inter partes review of a patent challenged by R.J. Reynolds Vapor Co., finding the company has shown that at least some aspects of the patent may have been too obvious to grant.
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March 13, 2025
Ohio Co. Can't Get New Trial After Scrapped $18M Award
An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.
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March 13, 2025
Sony Sues USC Over Music Used In Social Media Ads
Sony Music has accused the University of Southern California of infringing more than 170 of its songs to advertise the university's sports program on social media, according to a copyright suit filed in New York federal court.
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March 13, 2025
Payroll Co. Accuses Ex-Managers Of Driving 'Mass Defection'
A Georgia-based payroll software company has sued three former managers and the rival company that the ex-employees allegedly conspired to engineer a "mass defection" of workers to last year.
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March 13, 2025
Judge Orders Reinstatement Of Many Fired Federal Workers
A California federal judge on Thursday ordered the immediate reinstatement of certain probationary employees fired from six federal agencies, saying the Office of Personnel Management did not have the authority to direct those terminations, making the firings "unlawful."
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March 12, 2025
Cherry Growers' IP Win Vacated Due To Bogus Evidence
A Washington federal judge has vacated his two-year-old decision invalidating a U.S. patent covering the Staccato cherry variety owned by the Canadian government, finding that his prior decision was based on an incomplete sales spreadsheet that didn't include line items showing that the sales were of an entirely different cherry variety.
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March 12, 2025
Jets Legend Sues ESPN, NFL Over '30 For 30' Favre Clip
Former New York Jets defensive end Mark Gastineau sued ESPN and the NFL in Manhattan federal court over the latest episode of the sports documentary series "30 for 30," which shows him confronting famed Green Bay Packers quarterback Brett Favre about a controversial sack.
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March 12, 2025
Brewer Opposes Heineken's Bid To Dismiss TM Claim
Protections in a federal law prohibiting the enforcement of trademarks seized by the Cuban government aren't limited to the original owner or successor-in-interest of confiscated property, brewer Soltura LLC has argued in a memo opposing a Heineken NV unit's bid to dismiss its counterclaim brought under the No Stolen Trademarks Honored in America Act.
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March 12, 2025
Labcorp Warns Fed. Circ. Of 'Balkanization' In Prenatal IP Row
Labcorp, one of the world's largest chains of clinical lab providers, told the full Federal Circuit that a loss it incurred there over a patent tied to a $384 million judgment in Texas was the result of the "balkanization" of the court's patent obviousness jurisprudence.
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March 12, 2025
LVMH Hit With Patent Suit Over NFT Smartwatch Display Tech
A company that developed a platform that enables users to display their non-fungible tokens on their watches has sued LVMH in Texas federal court over claims the luxury goods giant infringed on its "pioneering" nonfungible tokens display technology when it allowed NFT displays on its own smartwatches.
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March 12, 2025
Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto
Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.
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March 12, 2025
Askeladden Beats Software Patent At PTAB
An administrative patent board ruling has wiped out all of the claims in a patent covering payment software that had been asserted against over 20 different companies in the payment space.
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March 12, 2025
Look At All These 1-Word Orders In IP Cases, Justices Told
A patent owner has told the U.S. Supreme Court that there's momentum behind its push for scrutiny of the Federal Circuit's one-word orders in patent cases and its challenge to courts' summary judgment practices in such matters.
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March 12, 2025
ITC To Review Optimum Patent Case, Skips Another Case
The U.S. International Trade Commission agreed Tuesday to review a final initial determination holding no infringement of Optimum Communications Services Inc.'s patent for passive optical network equipment, but it also affirmed a rare decision not to investigate a separate infringement complaint by Optimum against several Chinese tech companies over network switching and routing patents.
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March 12, 2025
Pallet Biz Says District Court Can't Weigh Bankruptcy Order
Pallet company PaLIoT Solutions Inc. told a Michigan federal judge on Wednesday that the issue of whether it violated a bankruptcy court's order regarding trade secrets purchased in a rival company's asset sale has already been decided, while the competitor said its rival is flip-flopping on its arguments.
Expert Analysis
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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Is AI Distillation By DeepSeek IP Theft?
A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.
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Pepperdine Case Highlights Shift In Collegiate IP Landscape
A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Patent Prosecution Length Has Surprising Impact On Invalidity
Though practitioners might hypothesize that patents with longer prosecution histories are less likely to have inherent validity problems, a statistical analysis of over 89,000 patents involved in litigation suggests otherwise, say attorneys at Baker Botts.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Reuters Ruling Means For AI Fair Use And Copyright
A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.