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Intellectual Property
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Featured
IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle
Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.
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April 23, 2025
Fed. Circ. Won't Revive Web Patent Suit Against Meta, Others
The Federal Circuit on Wednesday backed a district court's denial of an inventor's bid to undo a finding that a website hot spot patent he accused Meta, Microsoft and others of infringing was invalid, rejecting his argument he didn't get a fair shot when he was at the Federal Circuit before because U.S. Circuit Judge Pauline Newman was on an earlier panel.
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April 23, 2025
Judge Lifts Biocon Eye Med Biosimilar Ban After Settlement
A West Virginia federal judge has vacated a permanent injunction that had blocked Biocon Biologics Inc. from selling a biosimilar to Regeneron's blockbuster eye medication Eylea in the U.S., citing a settlement agreement in the patent litigation allowing sales of the biosimilar in 2026.
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April 23, 2025
Texas Senate OKs Bill Granting Property Rights In AI Images
A bill that would block the use of an individual's voice or image in artificial intelligence without their consent has made its way through the Texas Senate, now advancing to the state's House of Representatives.
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April 23, 2025
No Trade Secret Trial Do-Overs In Chocolate Moonshine Suit
A Pennsylvania chocolatier and her company can't get second chances in a lawsuit accusing them of stealing a rival and former spouse's recipe for Chocolate Moonshine fudge, after a federal judge ruled Tuesday that her ex had proved the value of his secret recipe and the court had not harmed the defense's case by blocking discussion of their divorce.
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April 23, 2025
Algorithm To Detect TM Application Fraud Coming To USPTO
The U.S. Patent and Trademark Office said Wednesday it is developing a fraud detection algorithm to flag suspicious trademark applications, and it aims to reduce the time it takes to start processing filings over the next three years.
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April 23, 2025
Ex-Olympian Says QVC Stole Idea For 50+ Lifestyle Brand
A former Olympian and broadcaster who created a platform centered around women over 50 alleged in New Jersey federal court on Tuesday that QVC strung her along with the opportunity to partner and develop the platform into a lifestyle brand for the company, only to steal the idea without payment.
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April 23, 2025
O'Melveny Brings On Former Lenovo IP Litigation Leader
O'Melveny & Myers LLP announced Wednesday it has bolstered its intellectual property and technology practice with the addition of an experienced litigator who most recently oversaw global IP litigation for technology company Lenovo.
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April 23, 2025
EU Appeals To Revive WTO Fight Over China SEP Rate-Setting
The European Union has appealed a decision by the World Trade Organization to dismiss the bloc's complaint that a Chinese court engaged in unfair trade practices by setting royalty rates for European-owned 5G technology.
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April 22, 2025
Maxell Sues Samsung Again In Ongoing Smart Devices Fight
Maxell Ltd. on Monday added another patent infringement suit to its sprawling dispute with Samsung Devices Co. over smart devices, claiming that Samsung is still refusing to license Maxell's global patent portfolio even after Maxell filed a slew of suits in Germany, Japan and the U.S.
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April 22, 2025
Apple Should Prevail In Heartbeat Patent Suit, Judge Says
Apple should not have to face a New York University cardiologist's lawsuit alleging an Apple Watch feature that monitors and detects irregular heartbeats infringes his patent, a New York federal judge recommended Monday, saying the physician does not have standing to sue and that the patent is invalid.
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April 22, 2025
All He Wants For Christmas Is To Not Pay $186K Fine To Carey
Telling a California federal court that he was an "elderly man now without vast resources," one of the co-writers of a minor 1989 hit is pointing to his modest means in fighting off $186,000 in legal fines surrounding a poorly argued motion from his failed copyright case against Mariah Carey.
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April 22, 2025
11th Circ. Not Likely To Snuff Smoke Shop's $1.1M Trial Loss
The Eleventh Circuit signaled Tuesday that it was likely to uphold a $1.1 million verdict entered against a Georgia-based tobacco importer for selling counterfeit rolling papers, throwing cold water on the importer's claims that the verdict constituted a windfall that was prohibited in a 2023 trial.
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April 22, 2025
Jury Issues Mixed Verdict In Surgeon's NuVasive Patent Fight
A Delaware federal jury delivered a mixed patent infringement verdict late Monday in a surgeon's case against NuVasive over spinal implant products, although damages are up in the air because the judge already rejected his $61.8 million damages bid before the trial began.
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April 22, 2025
Judge Boosts Damages To $35M In Fuel Tank Sensor IP Row
A Wisconsin federal judge has enhanced the amount of damages KUS Technology Corp. must pay rival sensor company SSI Technologies LLC to more than $35 million, after a jury last year found it willfully infringed a patent for a fuel tank sensor.
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April 22, 2025
J&J Ends Trade Secrets Suit Against Now Deceased Ex-Exec
Johnson & Johnson has reached a settlement with the estate of a former executive that it accused of stealing confidential files when he left the company to work for Pfizer, but who died in the middle of the litigation, the parties told a New Jersey federal court.
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April 22, 2025
Tech Co. Says Audi Infringed Vehicle-Tracking Patent
A patent-holding company accused Audi of infringing a patent for location-tracking technology in a Monday complaint, the latest in a flurry of suits the company has filed against auto and technology companies.
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April 22, 2025
Hogan Lovells Adds Ex-HHS Atty To Health Practice
Hogan Lovells on Tuesday announced the arrival of a former U.S. Department of Health and Human Services attorney to the firm's global regulatory and intellectual property practice group.
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April 22, 2025
Tarter Krinsky Draws On Art Law Expert For New Practice
Tarter Krinsky & Drogin LLP launched an art law practice Tuesday, drawing on the expertise of a new partner who handles complex litigation and transactional matters related to the market.
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April 22, 2025
Litigation Firm Says Ex-Client's Subpoena Warrants Sanction
The New York-based employment litigation boutique that represented a former Kirkland & Ellis LLP attorney in her now-settled sex discrimination suit against the BigLaw firm has asked a California federal court to quash a subpoena she filed seeking confidential firm information and sanction her.
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April 22, 2025
Nike Gets Mixed Ruling As 'Replica' Influencer's Trial Looms
A Florida federal judge partially found for Nike on its trademark infringement and counterfeiting claims against a social media influencer accused of posting and selling fake Nike shoes, but said the sportswear giant's consumer confusion and other claims must go to trial.
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April 22, 2025
Ramey Firm Turns To Supreme Court In Sanctions Fight
Texas-based patent firm Ramey LLP told the Federal Circuit that it is fighting California sanctions before the U.S. Supreme Court, after a magistrate judge in the Golden State determined three attorneys must make monetary payments and face other penalties for filing litigation in bad faith.
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April 22, 2025
Albright Gives Blanket OK For Many Deadline Extensions
U.S. District Judge Alan Albright said that any attorneys appearing before him in his Austin, Texas, courtroom who want a deadline extension no longer need to get his permission, according to a new standing order.
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April 22, 2025
Meet The DC Circ. Panel Deciding Judge Newman's Future
Federal Circuit Judge Pauline Newman will stand before a panel of D.C. Circuit judges on Thursday, arguing that her colleagues wrongly suspended her two years ago. Here's what you should know about the judges who are tasked with overseeing the 97-year-old jurist's challenge.
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April 22, 2025
Marketer Blasts Inventor's 'Cycle' Of Atty Fee Bids
An invention marketing firm on Tuesday asked a Pennsylvania federal judge to reject Kearney McWilliams & Davis PLLC's push for more attorney fees stemming from an inventor's case over how the company handled preparations for a product launch, arguing the court already declined to increase the number.
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April 22, 2025
Eminem Publisher Drops Suit Over 'Lose Yourself' Pickup Ads
Eminem's publisher on Monday agreed to drop a copyright infringement lawsuit alleging a Michigan Ford dealership used the rapper's song "Lose Yourself" in social media advertisements for a limited edition Detroit Lions Ford F-150 pickup without permission.
Editor's Picks
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Why Many Drugs Remain Pricey 40 Years After Hatch-Waxman
In the four decades since Congress passed the Hatch-Waxman Act in an effort to make generic drugs more available, the pharmaceutical industry has used patent thickets, "evergreening" and pay-for-delay tactics to block competition and keep prices of life-saving specialty drugs astronomical, several legal experts told Law360, while the industry argues other parties shoulder more of the blame.
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Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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Who Wore '8' Better? Jackson, Aikman Locked In TM Battle
Baltimore Ravens quarterback Lamar Jackson is banking his popularity will make consumers think of him when they see the number "8" on products he sells, but a beer company associated with Hall of Fame quarterback Troy Aikman — who wore the same jersey number — doesn't see it that way, as the players square off in a trademark fight.
Expert Analysis
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The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Fed. Circ. In March: Forfeiting Claim Construction On Appeal
The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.
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AI Use In Class Actions Comes With Risks And Rewards
The use of artificial intelligence in class actions holds promise for helping to analyze complex evidence, but attorneys and experts must understand how to use it correctly, and how to explain it clearly, say Simone Jones and Eric Mattson at Sidley and Anna Shakotko at Cornerstone Research.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Unpacking FTC's New Stance On Standard-Essential Patents
Under its new chairman, Andrew Ferguson, the Federal Trade Commission is likely to bring more stand-alone Section 5 cases to challenge anticompetitive conduct, and it will be important for companies to see how the FTC responds to allegations of patent holdup by standard-essential patent holders committed to fair, reasonable and nondiscriminatory terms, say attorneys at Mayer Brown.
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Unpacking USPTO Foreign Fraudulent Trademark Crackdown
The recent show cause order issued by the U.S. Patent and Trademark Office to Shenzhen Seller Growth Network Technology Co. Ltd. and its affiliates could lead to the cancellation of approximately 42,000 trademark registrations, highlighting the necessity of heightened vigilance in vetting foreign trademark filings, says Judy Yen at Omnus Law.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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How Patent Prosecution Length Affects Infringement Findings
A statistical analysis of patent litigation shows an inverse correlation between the number of office actions a patent application receives before allowance and the likelihood that a patent will be found infringing, though this trend varies based on examiner toughness, say attorneys at Baker Botts.
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Takeaways From Gov't Report On AI Copyrightability
A recent report from the U.S. Copyright Office is a critical step toward establishing a framework for determining the copyrightability of work created in whole or in part by artificial intelligence systems, solidifying the office's positions on AI tools and advanced prompt techniques, say attorneys at Skadden.