Intellectual Property

  • July 11, 2025

    NCAA's $2.8B NIL Deal Nets Athletes' Firms Over $455M In Fees

    A California federal judge Friday approved approximately $455 million in attorney fees for class counsel in the NCAA's $2.78 billion class action settlement that, for the first time, will provide for revenue sharing with college athletes, with additional fees set to roll in annually for 10 years.

  • July 11, 2025

    Catching Up On Stewart's Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart and a top administrative patent judge issued 15 discretionary denial decisions on Patent Trial and Appeal Board petitions over the past week, across nearly 40 cases. Here's what she decided.

  • July 11, 2025

    Muhammad Ali Ex-Photog Copyright Verdict Kept Mostly Intact

    Muhammad Ali's onetime personal photographer will keep $1.65 million in statutory copyright damages awarded by a jury against a licensing broker, a New York federal judge ruled Thursday, but a profits award must be cut from $750,000 to under $5,000.

  • July 11, 2025

    4th Circ. Backs 'GT Racing' Gaming Chair Social Media Block

    The Fourth Circuit on Friday upheld a lower court's decision blocking gaming chair company Wudi Industrial from using the trademark "GT Racing" in its social media accessible in European countries for certain goods.

  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    NPE Drops Injunction Bid In Samsung IP Suit Eyed By Feds

    A nonpracticing entity has dropped its bid for a preliminary injunction in its patent infringement case against Samsung in eastern Texas federal court, shortly after the federal government made the rare move of expressing interest in the case.

  • July 11, 2025

    Fed. Circ. Questions Patent Ownership After J&J's $20M Loss

    The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.

  • July 11, 2025

    ITC Judge Mostly Clears GoPro Rival Insta360 In IP Fight

    A U.S. International Trade Commission judge has mostly cleared a China-based camera company of allegations in a case claiming certain imports of its products infringed various patents owned by GoPro.

  • July 11, 2025

    Netlist Judge To Query Jurors Post-Trial Over Voir Dire Replies

    A California federal judge considering Samsung's bid for a fourth trial in its contract fight with Netlist on grounds that three jurors allegedly lied during voir dire told the parties Friday that he'll question those jurors about why they didn't disclose their involvement as parties in unrelated civil proceedings.

  • July 11, 2025

    Meta's Alleged Book Piracy Is Next Phase Of Authors' IP Suit

    A California federal judge said Friday that a group of bestselling authors' claims that Meta Platforms infringed their copyrights by downloading and allegedly distributing their works through peer-to-peer networks will proceed to summary judgment.

  • July 11, 2025

    Software Co. Accuses Honeywell Of Baseless Patent Threats

    A supply chain software company is combating patent infringement allegations by North Carolina-based Honeywell over its voice technology, saying the conglomerate has for years sought to force a licensing deal while threatening legal action without any basis.

  • July 11, 2025

    MSN Beats Novartis' Patent Suit Over Entresto

    A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.

  • July 11, 2025

    DOJ Poised To Pounce On Data Security Violators

    Companies and individuals that are not yet in compliance with the U.S. Department of Justice's sweeping, complex new national data security program should expect to face probes and potentially enforcement actions sooner than later, experts say.

  • July 11, 2025

    Ramey IP Atty Sanctioned But Beats Netflix's Contempt Bid

    A California federal judge sanctioned a prolific patent plaintiff's former counsel William Ramey and the Ramey LLP law firm for sharing Netflix's confidential information with a third party while pursuing patent infringement claims against Netflix, but he declined to review whether Ramey should be held in civil contempt.

  • July 11, 2025

    Smoke Shop's Default Lifted In Toys R Us Dilution Suit

    A Connecticut federal judge on Friday set aside a default entry against a New Haven e-cigarette and cannabis accessories store accused of tarnishing Toys R Us trademarks, mooting a pending motion for judgment after the defendants retained counsel who appeared in the case.

  • July 11, 2025

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen HS2 hit with a defamation claim by two ex-employees who blew the whistle on alleged under-reporting of costs, Craig Wright and nChain face legal action brought by its former chief financial officer over a fraud scheme, and pro-footballer Axel Tuanzebe bring a clinical negligence claim against his former club Manchester United F.C. Here, Law360 looks at these and other new claims in the U.K.

  • July 10, 2025

    Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit

    A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.

  • July 10, 2025

    $33M Sonos Appeal Has Fed. Circ. Asking: What's Up, Alsup?

    A Federal Circuit panel struggled Thursday to piece together the different interpretations of what U.S. District Judge William Alsup decided before upending Sonos Inc.'s $32.5 million jury verdict against Google LLC, with one judge claiming disbelief that there could be such a "fundamental disconnect" between the companies' understandings.

  • July 10, 2025

    Stewart Won't Review Newer IP Without Challenger's Promises

    The acting U.S. Patent and Trademark Office director on Thursday discretionarily denied challenges to patents issued within the last four years after the alleged infringer didn't file a stipulation in parallel litigation to limit overlap.

  • July 10, 2025

    Carma Says Ex-CLO, President Stole Hulk Hogan Beer Ideas

    Carma HoldCo Inc. has filed a $10 million lawsuit in Illinois federal court against its former president and chief legal officer, accusing them of misappropriating its trade secrets and business plans related to "Real American" beer in a partnership with wrestler Hulk Hogan after they were terminated.

  • July 10, 2025

    Fed. Circ. Backs Novartis PTAB Win Over Shilpa MS Patent

    The Federal Circuit on Thursday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a Shilpa Pharma Inc. patent that it has accused Novartis Pharmaceuticals Corp. of infringing with the drugmaker's multiple sclerosis drug.

  • July 10, 2025

    Judge Trims IP Claims In Voice Actors' Suit Against AI Co.

    A New York federal judge ruled Thursday that two voice actors accusing an artificial intelligence startup of cloning their voices for narration software without permission can proceed with their state-level claims, but their trademark and most of their copyright claims must be dismissed for now.

  • July 10, 2025

    Mo' Money Mo' Problems: Biggie Smalls' Widow Sued Over IP

    A record executive has sued the Notorious B.I.G.'s widow, Faith Evans, in Delaware Chancery Court, accusing the R&B singer of improperly trying to seize control of her late husband's hip-hop music catalog, which includes chart-topping hits like "Juicy" and "Mo' Money, Mo' Problems," following his mother's recent death.

  • July 10, 2025

    X Can't Escape Don Lemon Suit, But Musk Can, Judge Says

    X Corp. has lost its bid to ditch all of former CNN anchor Don Lemon's lawsuit claiming the social media platform reeled him into a talk show partnership and then unceremoniously canceled the deal, although its leader Elon Musk was allowed to duck out of the case.

  • July 10, 2025

    Original BBQ Joint Lays Claim To TM In Fight With Franchise

    The original location in a North Carolina chain of barbecue restaurants has shot back at a trademark infringement suit brought by the company that runs its sister restaurants, arguing it never lost ownership of the marks after the two entities split ways two decades ago.

Expert Analysis

  • IP Due Diligence Tips For AI Assets In M&A Transactions

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    Artificial intelligence systems' integration into business operations creates new considerations for intellectual property due diligence in mergers and acquisitions and financing transactions, and implementing a practical approach to identifying AI assets can help avoid litigation and losses, say Armin Ghiam and Senna Hahn at Hunton.

  • How To Strengthen A Case By Mastering Expert Witness Prep

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    A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.

  • A Look At Florida's New Protected Series LLC Legislation

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    A new law in Florida enhances the flexibility of using limited liability companies as the entities of choice for most privately held businesses, moving Florida into a small group of states with reliable uniform protected series legislation for series LLCs, says Louis Conti at Holland & Knight.

  • Opinion

    New USPTO Leadership Must Address Low-Quality Patents

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    With John Squires in line to become the new director of the U.S. Patent and Trademark Office, the agency has an opportunity to refocus its mission on prioritizing quality in patent examination and taking a harsher stance against low-quality patents and patent trolls, says Jill Crosby at Engine Advocacy & Foundation.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

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    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • DOJ Enforcement Trends To Watch In 2nd Half Of 2025

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    Recent investigations, settlements and a declination to prosecute suggest that controlling the flow of goods into and out of the country, and redressing what the administration sees as reverse discrimination, are likely to be at the forefront of the U.S. Department of Justice's enforcement agenda the rest of this year, say attorneys at Baker Botts.

  • The State Of AI Adoption In The Patent Field

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    The use of generative artificial intelligence in patent-related practices has lagged behind early predictions, which may be explained by a number of core concerns that organizations must address before seriously considering adoption, say attorney Michael Drapkin and leadership coach Michael Colacchio.

  • Purdue Case Could Transform Patent Obviousness Analyses

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    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • 'Top Gun' And 'Together' IP Suits Spotlight Similarity Issues

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    The outcome of recent lawsuits revolving around the films "Top Gun: Maverick" and "Together" may set meaningful precedents for how courts analyze substantial similarity in creative works, say attorneys at Greenspoon Marder.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • IRhythm IPR Denial Raises Key PTAB Discretion Questions

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    By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.

  • Dupes Boom Spurs IP Risks, Opportunities For Investors

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    The rising popularity of dupe products has created a dynamic marketplace where both dupes-based businesses and established branded companies can thrive, but investors must consider a host of legal implications, especially when the dupes straddle a fine line between imitation and intellectual property infringement, say attorneys at Ropes & Gray.

  • Opinion

    IPR Denial In IRhythm Should Not Set A Blanket Rule

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    Though the Patent Trial and Appeal Board's discretionary denial in iRhythm v. Welch Allyn last month raised concerns that mere knowledge of a patent could bar inter partes review institution, a closer look at the facts and reasoning reveals why this case's holdings should not be reflexively applied to all petitioners, says David McCombs at Haynes Boone.

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