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Intellectual Property
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Featured
Copyright Guide Or Policy Change? Project Divides IP Attys
The American Law Institute's restatements of law, widely regarded as influential reference points for judges and attorneys, are typically yearslong projects that are finished quietly and without much controversy, but one for copyright that concluded this year has diverged from that tradition.
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November 13, 2025
'Gray Market' Indian Snack Imports Get Temporarily Banned
Indian snack food maker Haldiram's won a federal court order temporarily banning a food supplier in Washington state from importing or distributing its branded products over claims that the supplier repackaged and sold food not meant for sale in the U.S.
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November 13, 2025
Inequitable Conduct Dooms 5 Packaging Patents, Judge Rules
A Massachusetts federal judge determined Thursday that five Inline Plastics Corp. food packaging patents asserted against Lacerta Group Inc. are unenforceable due to inequitable conduct because Inline omitted information about joint inventors when applying for the patents.
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November 13, 2025
NC Biz Court Bulletin: Rulings Spotlight Coverage Clashes
The North Carolina Business Court plowed into the fourth quarter with two big decisions in insurance disputes that involved $50 million in COVID-19-related losses at a chain of outlet malls, and an industrial accident at a Nucor Corp. iron plant in Louisiana.
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November 13, 2025
Dish Scores $42M Default Win Over Ukraine-Based Pirate Host
Dish Network LLC has secured a nearly $42 million default judgment against a Ukraine-based internet hosting provider in a lawsuit that accused the host of enabling "pirate streaming services" that transmitted content owned by the network to U.S. viewers.
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November 13, 2025
Anthropic Judge Rips Opt-Out Law Firm As 'Quick Buck' Ploy
A California federal judge on Thursday blasted Arizona law firm ClaimsHero Holdings LLC for encouraging authors to opt out of Anthropic PBC's $1.5 billion deal to end copyright infringement claims, saying it looks like the firm is "trying to trick people" for a "quick buck."
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November 13, 2025
Rock Hall Of Fame's Photo Display Was Fair Use, Judge Says
An Ohio federal judge has ruled that the Rock & Roll Hall of Fame's display of two photos of guitarist Eddie Van Halen was fair use, dismissing a photographer's claims of copyright infringement.
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November 13, 2025
WIPO Survey Finds Increased Trust In IP Systems
The World Intellectual Property Organization released a survey finding increased trust and awareness in intellectual property systems.
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November 13, 2025
Car Shipping Co. Keeps Most Of Trade Secret Case Intact
A company that ships vehicles across the country was able to keep intact most of a lawsuit in Delaware federal court accusing a competitor founded by its former employees of poaching customers and swiping trade secrets.
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November 13, 2025
ITC, Other IP Agencies Up And Running As Shutdown Ends
The U.S. International Trade Commission said it was resuming operations Thursday after having funding restored due to the end of the longest government shutdown in history.
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November 13, 2025
Contract 'Mystifies' Judge Weighing Ammo Tech Secrets Suit
A North Carolina Business Court judge appeared mildly vexed at the terms of an employment contract underpinning an ammunition technology trade secrets suit, acknowledging in a Thursday hearing that "it's not the best worded contract in the history of the world."
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November 13, 2025
Fed. Circ. Undoes Bus Sign Patent Verdict, Orders New Trial
The Federal Circuit has thrown out a jury's finding that lighting manufacturer Opti-Luxx owed $23,000 for infringing a Canadian competitor's two patents covering illuminated school bus signs.
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November 13, 2025
Patent Owner Drops Digital Ticket Patent Suit Against MLB
The owner of a patent that covers digital ticketing technology has dropped infringement claims brought against Major League Baseball's interactive division, ending the claims against the last remaining defendant in the case.
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November 12, 2025
PTAB Officials Back Visa Win After Squires-Ordered Review
Three top Patent Trial and Appeal Board judges have rejected a patent owner's bid to undo the board's findings invalidating credential verification patent claims that Visa Inc. challenged, after U.S. Patent and Trademark Office Director John Squires asked them to take another look at the case.
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November 12, 2025
Fed. Circ. Won't Restore Payment Processing Patent Claims
The Federal Circuit on Wednesday affirmed the Patent Trial and Appeal Board's invalidation of claims from three CloudofChange LLC patents, two of which are involved in a separate multimillion-dollar lawsuit.
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November 12, 2025
Sandoz Tells 3rd Circ. To Restore Full $137M Win Over UTC
Sandoz Inc. and its marketing firm RareGen LLC urged a Third Circuit panel on Wednesday to reinstate the full $137.2 million awarded in breach of contract damages against United Therapeutics Corp., claiming a lower court's decision to halve the damages provided a windfall to their adversary.
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November 12, 2025
Valve Suggests AI Created Quotes, Cases In Patent 'Troll' Feud
Video game company Valve Corp. has told a Washington federal court that a patent licensing company's filings seeking to exclude Valve's experts contained quotes and case citations that were nonexistent, suggesting the filings may have been made using artificial intelligence.
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November 12, 2025
Fed. Circ. Reverses Ax Of Oil Tool Patent And Fixes Error
The Federal Circuit ruled Wednesday that a Texas federal judge wrongly invalidated an oil well tool patent as indefinite, saying the patent contains a rare example of an error that is so clear it can be corrected by a court.
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November 12, 2025
China Continues To Drive Surge In Global Patent Applications
The number of patent applications filed worldwide in 2024 surged, continuing years of growth due in significant part to filings out of China, according to a World Intellectual Property Organization report released Wednesday.
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November 12, 2025
Albright Won't Reconsider Axing $65.7M Cisco Patent Verdict
A Texas federal judge on Tuesday denied a request from Paltalk Holdings to reconsider his decision to toss a $65.7 million patent infringement verdict against Cisco Systems Inc., saying in a brief order that he found no errors or new evidence to warrant such a move.
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November 12, 2025
4th Circ. Sides With Father-Son Duo In Equity Fight
A company that makes elevated stairs on Wednesday lost its appeal at the Fourth Circuit following various rulings against it in a suit it lodged against its co-founder and his son over a soured business venture involving the design of the business's sole product.
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November 12, 2025
Law Firm Drops 'Steamboat Willie' Suit Against Disney
Morgan & Morgan dropped its suit Wednesday against Disney that asked a Florida federal court to declare that an advertisement the firm planned to run featuring elements from the animated short film "Steamboat Willie" does not infringe Disney's intellectual property because the work entered the public domain last year.
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November 12, 2025
Crowell & Moring's Asia IP Practice Co-Leader Joins Pillsbury
Pillsbury Winthrop Shaw Pittman LLP has hired the co-head of Crowell & Moring LLP's Asia intellectual property specialty practice, the firm said in an announcement this week.
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November 12, 2025
Fed. Circ. Upholds New England Patriots' Patent Win
The Federal Circuit on Wednesday refused to revive a patent on technology for providing wireless connections in sports and entertainment venues, shooting down a patent-holding company's appeal in its suit against the New England Patriots.
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November 12, 2025
Entain's IP Fairly Used To Teach Betting, Website Owner Says
A website operator has denied infringing Entain's intellectual property by displaying the Ladbrokes owner's logos on its website, claiming that using the trademarks was purely referential and informational.
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November 12, 2025
IP Law Daily Columnist Starts New Copyright Litigation Firm
A D.C. attorney with BigLaw chops who has spent more than four years writing a daily column on U.S. copyright law for Intellectual Property Law Daily has hung out his own shingle.
Editor's Picks
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2024 Patent Litigation: A Year In Review
The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.
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My So-Called Retirement: Some IP Lawyers Just Can't Quit
When patent partner Terry Rea set out to retire, the onetime acting director of the U.S. Patent and Trademark Office had her eyes on the independence that retirement promises — flexible hours, fewer deadlines and less stress over having lots of people counting on you.
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Trade Secrets Emerge As Path For Cos. To Protect AI Works
Classifying creations of artificial intelligence tools as trade secrets has become a viable alternative to copyrights and patents — a shift that is presenting businesses using AI with a range of strategies and risks they must consider to protect their innovations.
Expert Analysis
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ITC Ruling Highlights Conflicts Hurdles For Law Firms
As supply chains become more interconnected, a recent U.S. International Trade Commission order — disqualifying a complainant's law firm for concurrently representing a third-party supplier relevant to the case — underscores the reality that conflicts may increasingly lurk within the building blocks of devices, says Matt Rizzolo at Ropes & Gray.
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Revisiting Jury Trial Right May Upend State Regulatory Power
Justice Neil Gorsuch’s recent use of a denial of certiorari to call for the U.S. Supreme Court to revisit whether the Seventh Amendment jury trial right extends to states, building off last year's Jarkesy ruling, could foretell a profound change in state regulators' ability to enforce penalties against regulated companies, say attorneys at Sidley.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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The Rise Of Trade Secret Specificity As A Jury Question
Recent federal appellate court decisions have clarified that determining sufficient particularity under the Defend Trade Secrets Act is a question of fact and will likely become a standard jury question, highlighting the need for appropriate jury instructions that explicitly address the issue, says Amy Candido at Simpson Thacher.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Trade Secret Rulings Reveal The Cost Of Poor Preparation
Two recent federal appellate decisions show that companies must be prepared to prove their trade secrets with specificity, highlighting how an asset management program that identifies key confidential information before litigation arises can provide the clarity and documentation that courts increasingly require, say attorneys at Mintz.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Weighing Risks Of Ambush Marketing Around Sports Events
American brands tempted to insert themselves into conversations around the 2026 World Cup and 2028 Olympic Games, but without the coveted sponsorship, should consider the legal hazards and minimize the risks by avoiding elements that imply an unauthorized commercial association with FIFA or the International Olympic Committee, say attorneys at Debevoise.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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Growth, Harmonization In Focus As Hague System Turns 100
One hundred years after its establishment, the Hague System has grown into an important pillar of international design protection, offering a promising path toward even greater harmonization in design law as its geographic reach continues to expand, say attorneys at Sterne Kessler.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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New IPR Rules Will Require A Patent Litigation Strategy Shift
The U.S. Patent and Trademark Office recently transformed the way it considers petitions for inter partes review, in a move that swings the pendulum in favor of patent owners, making it important for litigants to reassess the role of IPRs in their litigation strategy, say attorneys at Thompson Hine.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.