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Intellectual Property
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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.
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April 22, 2025
Anticipating NIL Deal, NCAA Changes Athlete Pay Rules
The NCAA has officially adopted policy changes that will allow college athletes to be paid, to go into effect when the $2.78 billion antitrust settlement between schools and athletes receives final court approval.
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April 22, 2025
Lamborghini Stole Steering Wheel Trade Secrets, Suit Says
An Italian auto racing engineering support company has sued Lamborghini in Texas federal court, accusing the sports car manufacturer of swiping trade secrets related to steering wheel setups in vehicles used to compete in races like the 24 Hours of Le Mans.
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April 21, 2025
Google Gets 'Fail-Safe' AI Copyright Class Axed, For Now
A California federal judge on Monday struck a proposed class definition in a consolidated action brought by artists and authors claiming Google infringed their copyrights to train artificial intelligence models, saying the plaintiffs have proposed an improper "fail-safe" class but may try again with an amended definition.
Expert Analysis
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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What Fed. Circ. Ruling Means For Patent Case Dismissals
The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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Declaring Unexpected Results: Pitfalls For Rule 132 At PTAB
Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
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Dissecting The Obviousness-Type Double Patenting Debate
The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.