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Intellectual Property
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April 01, 2025
Judge Agrees To End HPE's Patent Case After Deal Talks
A California federal judge has put an end to Hewlett Packard Enterprise's patent infringement lawsuit against a group of companies, after the parties said they have reached a deal in principle to bring the case to a close.
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April 01, 2025
Surfboard Maker Resolves $1.3M Patent Fight With Rival
A Puerto Rico surfboard manufacturer said Tuesday that it has ended its patent case against a Chinese company that was told by a jury two years ago to pay more than $1.3 million in royalties for infringing patents covering a newer kind of board that keeps surfers above water.
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April 01, 2025
Takeda Antitrust Trial Over Actos Generics Set For July
A New York federal court refused a bid from Takeda Pharmaceuticals Co. to escape a long-running case accusing it of unlawfully delaying generic versions of its diabetes treatment Actos and scheduled a trial to start in July.
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April 01, 2025
Acting USPTO Leader Says New Policies Will Bolster Patents
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said at a conference Tuesday that new policies including having her take an active role in determining whether patent challenges should be denied are part of an effort to "reinvigorate our IP system."
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April 01, 2025
Fed. Circ. Won't Review Reviving Medical Device Patent Suit
A Federal Circuit panel on Tuesday declined to reconsider a decision reviving a patent infringement suit against a medical device manufacturer, letting stand its holding ordering a new trial in the case.
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April 01, 2025
Trump Admin Fights Wash.'s Bid To Expand Layoff Injunction
The Trump administration has urged a California federal judge to reject the state of Washington's request to expand an injunction blocking federal agencies from firing probationary employees, saying the bid to broaden the order to other agencies is unnecessary and based on unfounded speculation of harm.
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April 01, 2025
Two More Pharmacies Hit With Eli Lilly Weight Loss Drug Suits
Eli Lilly and Co. filed another round of lawsuits Tuesday accusing compounding pharmacies of selling copycat versions of its weight loss and diabetes medications, saying in New Jersey and Delaware federal courts that two online pharmacies are deceiving consumers about their knockoff products.
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April 01, 2025
Meta Wins Dismissal In Cannabis Logo Copyright Dispute
A Manhattan federal judge has dismissed a copyright complaint from a "serial IP litigant" who sued Meta Platforms over a cannabis logo used on Facebook to promote a cannabis-themed cruise, saying plaintiff did not own a valid copyright for the logo.
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April 01, 2025
SPEX Rips Western Digital Bid To Undo $553M Patent Loss
SPEX Technologies Inc. has pushed back at Western Digital Corp.'s attempt to have a California federal judge throw out a $553 million award in a patent infringement case, saying that Western Digital "faults everyone but itself."
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April 01, 2025
No Inequitable Conduct From Fresenius Foe, Judge Says
German medical giant Fresenius has failed to convince a Delaware federal judge that any foul play could be found in the prosecution of a patent involved in a fight over selling IV bags filled with calcium supplements, used to treat hypocalcemia.
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April 01, 2025
Jack Nicklaus Defeats Suit Over NIL Rights
Golfing legend Jack Nicklaus won a ruling in New York state court dismissing claims by his former company over the use of his name, image and likeness.
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April 01, 2025
Fox News Contributor Says Simon & Schuster Stole Book Idea
Fox News contributor and writer Gregg Jarrett is suing publisher Simon & Schuster LLC and his former literary agency Vigliano Associates Ltd., alleging they stole the idea for a book he was planning to write about legal cases against President Donald Trump and had another writer develop it.
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April 01, 2025
VLSI Wants Full Fed. Circ. To Review Prior Art Decision
VLSI Technology is pushing the full Federal Circuit to review when a patent application counts as prior art, backing Lynk Labs in a case involving Samsung where a circuit panel said applications are prior art at the time they are filed instead of when they are published.
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April 01, 2025
Smoke Shop Says Hookah Maker's 'Litigation Mill' Is A Fraud
A smoke shop among nearly 1,000 sued by GS Holistic LLC over alleged sales of counterfeit products is suing the hookah maker in California federal court, saying GS Holistic's "litigation mill" has committed fraud against the courts through false accusations.
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April 01, 2025
Fight Over AI Training Pushes Copying Question To Forefront
When courts weigh fair use in copyright disputes, how much a defendant takes from a particular work is usually overridden by other factors. But with artificial intelligence requiring immense amounts of training material, a legal tech company is trying to change that as it battles infringement claims by Thomson Reuters over the media company's Westlaw platform.
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April 01, 2025
NYT Demands OpenAI President Testify As Long As Staff
The New York Times has asked a federal judge to order that OpenAI president Greg Brockman sit for a standard deposition this month in copyright lawsuits over material used to train large language models, saying he should not be considered an "apex" witness who can testify for less time than his employees.
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April 01, 2025
Sanctioned Firm Ordered To Pay Fees In California Patent Row
Days after attorneys from Texas patent firm Ramey LLP were ordered to pay over $60,000 for practicing in California without a license, a San Francisco federal magistrate judge has ordered them to pay attorney fees in a pair of suits deemed to have been litigated in bad faith.
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March 31, 2025
Former Stimlabs Exec Must Face Trade Secrets Claims
A former biomedical technology company executive must face claims that she absconded with thousands of internal files containing valuable product information in the days and weeks leading up to her ouster last year, a Georgia federal judge ruled.
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March 31, 2025
Ex-Blood Bank Atty Goes Back To Ballard Spahr In Phoenix
Ballard Spahr LLP has picked up a former in-house intellectual property lawyer from nonprofit blood bank Vitalant who had worked at the law firm a little over a decade ago.
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March 31, 2025
Samsung Bid To Beat Back $192M Patent Award Falls Short
Texas U.S. District Judge Rodney Gilstrap unsealed a ruling Friday explaining why he decided that a small Silicon Valley outfit's use of continuations in filing wireless charger patents were not unreasonable delays that made the patents unenforceable or void a $192 million verdict against Samsung.
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March 31, 2025
Salesforce Gets Judge To Ax Patent Suit Fed. Circ. Revived
A Nevada federal judge has thrown out a suit accusing Salesforce of infringing patents for database software reprogramming, saying the transfer of the patent rights to the consulting company that sued was voided by an earlier transfer.
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March 31, 2025
Intellectual Ventures Urges PTAB To Deny Tesla IP Challenge
Intellectual Ventures II LLC wants the Patent Trial and Appeal Board to reject Tesla's bid to have the board examine a digital camera patent, pointing to a recent memo from the acting director of the U.S. Patent and Trademark Office saying she and other board judges will review petitions to determine whether they should be denied for discretionary reasons.
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March 31, 2025
Fed. Circ. Tells PTAB To Look At Samsung Foe's Patents Again
Samsung convinced the Federal Circuit Monday that administrative patent board judges used an "erroneous" definition of a term used in two gesture-sensing interface patents that the smartphone giant is accused of infringing in litigation in Texas.
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March 31, 2025
Firm Says Ex-Fin. Adviser Can't Arbitrate Trade Secrets Claims
A Connecticut financial firm told a state court that an ex-adviser can't arbitrate claims that he swiped trade secrets and formed his own competing company, citing the "plain language" of his employment agreement.
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March 31, 2025
Nut Butter Co. Says Calif. Rival Copied 'Big Spoon' Trademark
A North Carolina company that makes various nut butters under the name "Big Spoon" is suing a California sauce company for trademark infringement, saying in a federal complaint that the rival business is selling similar products using the same name and confusing customers.
Expert Analysis
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.