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Intellectual Property
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November 19, 2025
Texas Judge Cements VidStream's $105M Trial Win Against X
A Texas federal judge has locked in VidStream LLC's $105 million infringement trial victory against X Corp. and topped it off with an additional $67 million in interest, but he shot down a series of requests for more damages and relief.
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November 19, 2025
Samsung Settles ITC Trade Secrets Case Against BOE
South Korea-based Samsung Display Co. Ltd. has reached a deal to end allegations at the U.S. International Trade Commission that China's BOE Technology misappropriated its trade secrets for device screens.
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November 19, 2025
Whirlpool Sues Rivals To End Import Of 'Copycat' Microwaves
Whirlpool Corp. on Tuesday urged the U.S. International Trade Commission to block imports of certain Samsung, LG, Haier and other rival brand microwaves, claiming the companies infringed several of its patents for its combination hood microwaves.
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November 19, 2025
EDTX Jury Awards $907K In Videoconference Patent Trial
A federal jury in Texas on Wednesday awarded technology company Barco just over $907,000 as part of a case that had alleged Yealink Network Technology infringed its ClickShare videoconferencing patents.
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November 19, 2025
Latham DQ'd From Sleep Apnea Device Co.'s Patent Fight
A Delaware federal court has disqualified Latham & Watkins LLP from representing the creator of a sleep apnea implant in its patent dispute after the firm served as counsel to the rival's underwriters, saying the "appearance of impropriety is glaring."
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November 19, 2025
In-House Atty From Teva Joins Spencer Fane's DC Office
A former associate general counsel of Teva Pharmaceuticals, an Israel-headquartered biopharmaceutical company, is returning to private practice with Spencer Fane LLP, where he will work as a partner with the firm's intellectual property practice group, according to a Monday announcement.
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November 19, 2025
MVPs: Kirkland's Adam Alper And Michael De Vries
Adam Alper and Michael De Vries of Kirkland & Ellis LLP won a $25 million verdict in patent litigation over a promising fecal transplant technology and are representing Motorola in a blockbuster intellectual property case, earning them a spot among the 2025 Law360 Intellectual Property MVPs.
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November 19, 2025
Campbell's Wants $17M Soup Rack Patent Verdict Tossed
Soup giant Campbell's has asked an Illinois federal judge to throw out a $17.3 million jury verdict that found it had infringed patents related to gravity-operated racks in grocery aisles, saying the racks "indisputably" contain unpatentable elements.
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November 19, 2025
Fed. Circ. Backs No Infringement Finding In Railcar Fight
The Federal Circuit on Wednesday refused to reinstate a lawsuit accusing railcar manufacturer Greenbrier of infringing a pair of patents covering railroad gondolas, backing a lower court's finding that the company's products didn't include all the elements of the patents.
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November 19, 2025
HP Ends Wi-Fi Patent Disputes By Joining Sisvel Pool
HP Inc. has ended its Wi-Fi patent litigation with Huawei, Philips and Korean development lab Wilus by joining Sisvel's patent pool as a licensee, following recent deals with companies like Acer and Cisco.
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November 19, 2025
Proskauer Hires IP Litigator From O'Melveny In NY
Proskauer Rose LLP announced that it has hired a former O'Melveny & Myers LLP litigator who holds a doctorate in organic chemistry and advises on the full spectrum of intellectual property matters.
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November 18, 2025
TP-Link Accuses Wi-Fi Rival Netgear Of 'Smear Campaign'
TP-Link Systems Inc. has filed suit in Delaware federal court, accusing rival Wi-Fi hardware maker Netgear Inc. of again pushing an "unlawful smear campaign" that falsely casts TP-Link products as infiltrated by the Chinese government, despite agreeing in a recent settlement that it would no longer make disparaging claims about TP-Link's business.
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November 18, 2025
J&J Unit Fights $12M Verdict While Rival Wants More Money
A Delaware federal jury was wrong when it determined that Johnson & Johnson subsidiary DePuy Synthes should pay RSB Spine $12 million for infringing spinal fusion patents under the doctrine of equivalents, DePuy said Monday.
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November 18, 2025
Judge Says Texas, Toronto Exchange Logos Seem Dissimilar
A Texas federal judge expressed skepticism that the Toronto Stock Exchange has much of a leg to stand on in its attempt to get the Texas Stock Exchange to change its logo, saying during a hearing Tuesday that the logos look dissimilar enough for most people to tell the difference.
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November 18, 2025
Fed. Circ. Won't Check Decision Eroding $4M IP Judgment
The Federal Circuit won't rethink any part of a panel's decision that overruled most of a New York federal judge's $4 million infringement judgment against two hospitality providers in a multifaceted appeal over hookless shower curtains.
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November 18, 2025
Merck Wins Final PTAB Fight Against Johns Hopkins
The Patent Trial and Appeal Board invalidated a cancer treatment patent owned by Johns Hopkins University, marking a full victory on the nine challenges Merck Sharp & Dohme LLC initiated against the university's patents.
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November 18, 2025
Atty Asks 5th Circ. To Address Outlying Matters In TM Case
An attorney locked in a trademark battle with Lewis Brisbois Bisgaard & Smith LLP asked the Fifth Circuit to address the case again Tuesday, saying it did not get to several outstanding issues that will affect the case in district court when it vacated the firm's $1 million damages award against him.
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November 18, 2025
Fed. Circ. Voids Allergan's $39M Trial Win Over Eyelash Patent
The Federal Circuit on Tuesday reversed a $39 million verdict against Sandoz in Allergan's suit accusing it of infringing an eyelash growth drug patent, finding a Colorado federal jury should have found the patent claim at issue invalid for inadequate written description.
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November 18, 2025
IBM, Qualcomm Lead Public Cos. In Patented Inventions
IBM Corp. holds the most patent families of all S&P 100 companies, followed by Qualcomm Inc. and Microsoft Corp., according to an IFI Claims Patent Services report released Tuesday.
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November 18, 2025
Mass. Judge Axes Co.'s 'Second Bite' Dairy Trade Secrets Suit
A Massachusetts federal judge has dismissed trade secret theft allegations brought by a dairy farm products company against two former business partners, saying an ongoing case between some of the same parties in Minnesota was too similar.
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November 18, 2025
Polaris Hits Back At 'Settled Expectations' Fed. Circ. Fight
Polaris PowerLED says Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's denial of patent reviews based on a patent owner's "settled expectations" is not any different from similar cases that have been rejected by the circuit court.
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November 18, 2025
DSW Faces Sony IP Suit Amid Jurisdictional Issues For Others
A California federal judge has ruled that Sony Music Entertainment and other music companies can proceed with a lawsuit that accuses DSW Shoe Warehouse of infringing song copyrights with social media ads, but the plaintiffs must do more to establish jurisdiction over other defendants.
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November 18, 2025
4th Circ. Restores Trade Secrets Suit Against Insurance Execs
The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.
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November 18, 2025
USPTO Petitioners Can Detail How They Found Prior Art
The head of the U.S. Patent and Trademark Office has told all users of the Patent Trial and Appeal Board that there will be a new option for patent challengers to explain how they found prior art they allege renders a patent invalid.
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November 18, 2025
Agilent Wants Justices To Eye Invalidation Of CRISPR Patents
Agilent Technologies wants the U.S. Supreme Court to take up its challenge to a Federal Circuit finding that claims in a pair of its patents on the gene-editing tool CRISPR were invalid, arguing the decision conflicts with rules on which side faces the burden of proving invalidity.
Expert Analysis
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop
There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Adapting To USPTO's Tighter Inter Partes Review Rules
The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How Agentic AI Is Testing The Limits Of Patent Law
While a recent Swiss court ruling suggests that human-centric rules regarding inventorship will likely remain in place for the near future, it captures a core tension confronting patent systems worldwide as the technology producing patent-worthy ideas is becoming increasingly autonomous, says Matthew Carey at Marshall Gerstein.
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A Former PTAB Judge Weighs The End Of Remote Hearings
Former Patent Trial and Appeal Board Judge Amanda Wieker, now at McGuireWoods, examines the costs and benefits of the PTAB's impending in-person hearing requirement, and offers suggestions for making the most out of this new regime.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Top Takeaways From Trump's AI Action Plan
President Donald Trump's AI Action Plan represents some notable evolution in U.S. policy, including affirmation of the administration's trend toward prioritizing artificial intelligence innovation over guardrails and toward supporting greater U.S. private sector reach overseas, say attorneys at WilmerHale.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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How Big Pharma Has Responded To FTC Delisting Demands
Looking at some statistics concerning how pharmaceutical companies have responded to the Federal Trade Commission's recent challenges to Orange Book listings raises several possible hypotheses about the FTC's strategy and effectiveness, say Ratib Ali and Celia Lu at Competition Dynamics.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.