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Intellectual Property
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July 03, 2025
Genentech's $122M MS Drug Royalties Case Ends In Mistrial
A California federal judge declared a mistrial Thursday after jurors reached an impasse in Genentech Inc.'s $122 million breach of contract case over patent royalties from sales of Biogen MA Inc.'s multiple sclerosis medicine, telling the parties she's open to Genentech's suggestion that they forgo a jury for the retrial.
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July 03, 2025
3 More Athletes Appeal NCAA NIL Settlement To 9th Circ.
Two former wrestlers, including an Olympic medalist, and a former walk-on football player have joined the list of college athletes announcing plans to appeal the $2.78 billion name, image and likeness settlement with the NCAA, arguing that they are receiving far too small a portion of the compensation package.
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July 03, 2025
SPEX To Appeal $553M Patent Verdict That Was Cut To $1
SPEX Technologies Inc. will appeal a federal judge's decision to cut its $553 million verdict against Western Digital for data security patent infringement to $1 along with all other adverse rulings in the case.
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July 03, 2025
50 Cent Faces Uphill Battle To Stop Release Of Horror Film
A California federal judge appeared ready Thursday to reject 50 Cent's efforts to stop the release of a horror film that allegedly uses the rapper's name and likeness without authorization, saying he's "skeptical" of the request and unclear about how the rapper's reputation would be harmed by the film's release.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Medela Can't Escape Trade Dress Claim In Breast Pump Suit
An Illinois federal judge has refused to let Medela escape allegations that it infringed a rival's trade dress in a suit over a silicone breast pump design, but agreed to trim a false advertising claim.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 03, 2025
5th Circ. Won't Revive Singer's TM Claims Against Bandmates
The Fifth Circuit has declined to revive a case between the former members of the R&B group Jade, saying the Lanham Act claims brought by one member aren't supported when they are against co-owners of a trademark.
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July 03, 2025
Qualcomm Limits Access Of Rival's US Attys To UPC Case
The Unified Patent Court upheld on Thursday a lower tribunal's decision to limit how many U.S. attorneys representing Network Systems Technologies LLC can access confidential Qualcomm materials in a trio of European patent infringement disputes.
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July 02, 2025
NCAA, NASCAR Antitrust Challenges Permeate 2025's 1st Half
The first half of 2025 saw the dispute between NASCAR and two of its teams become supercharged and a judge give final approval to the disputed settlement for the NCAA name, image and likeness antitrust litigation.
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July 02, 2025
The Biggest Patent Rulings Of 2025: A Midyear Report
A ruling by the full Federal Circuit invited greater scrutiny of patent damages testimony, and the U.S. Patent and Trademark Office's acting director established new criteria for rejecting patent challenges. Here's a look at the top patent decisions from the first half of 2025.
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July 02, 2025
Genentech's $122M IP Fight Against Biogen In Jury's Hands
Genentech Inc. wrapped a California federal trial Wednesday over claims that Biogen MA Inc. wrongly withheld $122 million in royalties for supplies of Biogen's multiple sclerosis drug, reminding jurors that Biogen's own internal projections showed it owing royalty payments in the years after the main patent expired in December 2018.
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July 02, 2025
Judge Revives Supplement Patent Claims Jury Found Invalid
A Delaware federal judge Wednesday allowed HQ Specialty Pharma Corp. to correct an injectable calcium supplement patent it accused Fresenius Kabi of infringing and found the claims were no longer invalid as a result.
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July 02, 2025
Energy Firm Says Tribal Nonprofit Trade Secret Suit Too Vague
An energy infrastructure consulting firm called on an Oregon federal judge to throw out a Native American nonprofit's lawsuit alleging the firm's founder and tribal liaison misappropriated its trade secrets, saying the nonprofit has failed to identify the trade secrets with any particularity.
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July 02, 2025
Vax Maker Ends Appeal After Stewart Halts Patent Ax Sanction
After the acting director of the U.S. Patent and Trademark Office last month undid her predecessor's decision canceling all the claims of five Longhorn Vaccines & Diagnostics LLC patents as a sanction for misconduct, the company dropped its appeal in the case Wednesday.
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July 02, 2025
2nd Circ. Affirms NY Court Can't Nix Swiss Arbitration Loss
The Second Circuit on Wednesday affirmed that an arbitral award issued by a Swiss tribunal to a Singapore company in a dispute over a medical imaging joint venture cannot be vacated in New York, concluding in a published opinion that the court lacks the power to do so.
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July 02, 2025
Netlist Asks For Toss Of Rival's 'Bad Faith' Claims
Netlist Inc. has asked an Idaho federal judge to dismiss a suit brought by rival Micron Technology Inc. alleging bad faith patent litigation, saying the suit was simply an effort to undo a $445 patent verdict that Netlist won against Micron in Texas federal court last year.
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July 02, 2025
Ex-Employees Of NJ Medical Co. Must Face Trade Secrets Suit
A New Jersey federal judge let a medical communications agency pursue contract and trade secret claims against three former employees it accused of launching a rival firm while still on the payroll, but dismissed all claims against PharmaEssentia and its former executive.
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July 02, 2025
Judge Sanctions Building Makers Over Withheld Evidence
A Tennessee federal judge has sanctioned a group of building manufacturing employees and ordered them to pay their former employers' attorney fees, finding they'd intentionally withheld and spoiled evidence during discovery.
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July 02, 2025
Apple Gets PTAB To Invalidate Authentication Patent Claims
The Patent Trial and Appeal Board has sided with Apple in its challenge to various claims in an authentication patent, finding that the claims were too obvious to warrant patent protection.
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July 02, 2025
PTAB Invalidates Claims Of 2 Trading Platform Patents
The Patent Trial and Appeal Board decided Tuesday that all the claims are invalid in two trading platform patents that Intercurrency Software LLC has accused cryptocurrency exchange Binance and others of infringing.
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July 02, 2025
Ex-Copyright Office Head Fights Gov't Arguments On Firing
The fired leader of the U.S. Copyright Office said that a D.C. federal judge should ignore the Trump administration's arguments that her removal was lawful, saying the government wants the court to "stand idly by."
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July 02, 2025
Toys R Us Seeks Default Judgment In 'Vape R Us' Dilution Suit
Tru Kids Inc., the parent of retailer Toys R Us, has asked a Connecticut federal judge to issue a default liability judgment and a permanent injunction against a New Haven e-cigarette and cannabis store accused of tarnishing its registered trademarks that date back to 1970.
Expert Analysis
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Best Practices For Companies Integrating Existing IP With AI
Some copyright owners are exploring how they can make new content by combining their existing intellectual property assets with generative artificial intelligence, and although these initiatives can serve multiple business goals, those considering such practices should be aware they are entering largely uncharted waters, says Josh Weigensberg at Pryor Cashman.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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How Athletes Can Protect Their Signature Celebrations As IP
As copyright and trademark law adapts to short-form choreography and dynamic media, athletes and their business partners have new tools to protect the intellectual property embedded in their unique dances, poses and celebrations, say attorneys at Debevoise.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Vape IP Ruling Shows Stark Contrast Between ITC And Courts
The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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How The USPTO Might Find A Path Forward After Job Cuts
Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.
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As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks
Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.