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Intellectual Property
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September 25, 2025
Anthropic Judge Greenlights 'Historic' $1.5B Copyright Deal
A California federal judge on Thursday preliminarily approved a $1.5 billion deal Anthropic PBC struck with authors to end their copyright class action against the artificial intelligence developer, with counsel for the plaintiffs calling it a "historic settlement" that will result in the "largest copyright recovery of all time."
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September 25, 2025
Fed. Circ. Snubs Patent Atty's Bid To Join Toddler Mat IP Case
The Federal Circuit on Thursday denied an attorney's bid to appear in a patent infringement case over toddler dining mats, in which the lower court found that his misrepresentation of prior art during prosecution was "purposeful, deliberate, and egregious."
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September 25, 2025
Judge Grants Limited Sanctions In Sports Betting Secrets Suit
A Nevada federal judge has granted some sanctions requested by a gambling technology company locked in a trade secrets case, finding that the rival litigant won't be allowed to introduce some evidence.
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September 25, 2025
Dr. Reddy's To Keep Generic Cancer Drug Off Market Until 2030
Indian pharmaceutical group Dr. Reddy's Laboratories Inc. has agreed to keep its generic version of a cancer drug made by Eisai Ltd. off the market until 2030 as part of a deal to settle the Japanese drugmaker's lawsuit in New Jersey federal court alleging patent infringement.
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September 25, 2025
TM Dispute Over DIY Dentures Dismissed In NC
A trademark row between a dental lab and denture manufacturer was dismissed Wednesday when a North Carolina federal judge agreed with Mabel Dental Lab Inc. and Crown Warranty LLC that their connections to the state are sparse at best.
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September 25, 2025
Costco Loses Bid To Slip Ugg Maker's Copycat IP Suit
Costco Wholesale Corp. cannot escape a trade dress infringement lawsuit by the maker of Ugg footwear, accusing it of ripping off its signature shearling footwear designs, a California federal judge ruled, saying the complaint plausibly alleges that consumers associate the designs with the Ugg brand.
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September 25, 2025
Mexican TV Distributor Fights Contempt In Fox Sports TM Row
A New York federal court shouldn't hold in contempt a sports media distributor over joining the defendant media company in pursuing legal remedies in Mexican courts in a trademark spat with Fox Corp., because the interests of the two businesses differ and are protected under international comity, the distributor said.
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September 25, 2025
NC BBQ Chain Nets Deal To End Trademark Fight With Flagship
A chain of barbecue restaurants and its original location have resolved a short-lived clash over the use of their shared trademark on branded sauces and rubs, North Carolina federal court records show.
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September 25, 2025
XAI Claims OpenAI Poached Employees For Trade Secrets
Elon Musk's chatbot company xAI Corp. has hit rival OpenAI Inc. with a suit in California federal court that alleges two engineers and an unnamed senior executive took trade secrets to OpenAI when they switched companies.
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September 25, 2025
Feds Want USPTO Union Suits Over Trump Order Reassigned
The Trump administration has asked for two cases from labor unions that represent employees of the U.S. Patent and Trademark Office and other agencies challenging an executive order that ended their collective bargaining rights to be reassigned to different judges, saying the cases in D.C. federal court are unrelated to other suits challenging the order.
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September 25, 2025
Full Fed. Circ. Won't Reconsider IPR Estoppel Decision
The full Federal Circuit on Thursday rejected a rehearing petition from Ioengine LLC, which was appealing the invalidation of its flash drive patents in a case that set precedent on estoppel.
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September 25, 2025
Fed. Circ. Affirms Dismissal Of Patent Suit Against Aldi
The Federal Circuit on Thursday won't revive a suit accusing supermarket chain Aldi's mobile app of infringing patents covering a way to find consumer products in particular areas, backing an Illinois federal court's finding that the patents were invalid under the U.S. Supreme Court's Alice standard.
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September 25, 2025
Antitrust Pro Back At Jenner & Block From Fish & Richardson
Jenner & Block LLP announced Thursday that it has welcomed back an antitrust attorney who had worked at intellectual property firm Fish & Richardson PC for the past year, after having previously worked at Jenner & Block for 15 years.
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September 25, 2025
Pool Design Patent Owner Loses Bid For Fed. Circ. Rehearing
The full Federal Circuit on Thursday left intact a decision refusing to revive North Star Technology International Ltd.'s suit claiming Latham Pool Products Inc. infringed its design patent.
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September 25, 2025
Fed. Circ. Revives Apex Bank's TM Bid Over TTAB Error
The Trademark Trial and Appeal Board incorrectly prevented a Tennessee bank from registering "Aspire Bank" for banking and financial services because of potential confusion with a credit card company's existing "Aspire" mark, the Federal Circuit said in a precedential decision Thursday that remanded the case for further analysis.
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September 24, 2025
Crocs Kicks Rival's Defamation Suit To The Curb
A Colorado federal judge on Wednesday tossed a defamation suit brought against Crocs Inc. by its rival Double Diamond, finding the company failed to provide any evidence of damages or harm suffered from a press release it said twisted their legal settlement into an admission of wrongdoing.
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September 24, 2025
AML Software Sues Athena Bitcoin Over Source Code Theft
AML Software has filed a copyright infringement suit against ATM operator Athena Bitcoin for allegedly misappropriating its proprietary bitcoin ATM source code without authorization.
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September 24, 2025
USPTO Touts Declining Patent Backlog, Eyes Bigger Drop
U.S. Patent and Trademark Office officials said Wednesday that its backlog of unexamined patent applications has shrunk this year after new initiatives to reduce it were put in place, and the office has set a goal of steeper drops in the years to come.
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September 24, 2025
EcoFactor Tells Justices Patent Rules Usurp Role Of Juries
The Federal Circuit has created stringent patent-specific rules limiting damages testimony that improperly displace the role of juries, EcoFactor Inc. has told the U.S. Supreme Court, in a bid to undo a decision scrapping the company's $20 million win against Google.
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September 24, 2025
NY Appeals Court Backs Drug Co.'s $6.5M Contract Case Win
A New York state appeals court won't disturb a finding that a South Korean logistics firm owes $6.5 million for breaching a deal allowing it to license and sell a RedHill Biopharma Ltd. COVID-19 treatment in the country.
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September 24, 2025
Swimmers, Divers Rip School, NIL Deal After Team Dropped
Four former swimming and diving team members at California Polytechnic State University have filed objections in federal court to the NCAA's $2.78 billion name, image and likeness settlement, after university officials pointed to the financial consequences of the settlement as the reason the swimming and diving program was eliminated.
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September 24, 2025
Course Hero Operator Must Face School's Copyright, TM Claims
Course Hero, a study platform where users upload materials, must face copyright and trademark claims after a Connecticut federal judge found that a for-profit Connecticut university has demonstrated enough possible harm to justify standing for alleged copyright violations, and that a 2003 U.S. Supreme Court decision does not stand in the way of its Lanham Act claims.
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September 24, 2025
Arcturus Sues AbbVie, Capstan Alleging Trade Secret Theft
Arcturus Therapeutics Inc. has sued AbbVie and Capstan Therapeutics in California federal court, alleging Capstan used Arcturus' proprietary lipid nanoparticle technology to develop and patent competing drug delivery systems, which AbbVie later acquired in a $2.1 billion deal.
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September 24, 2025
Fed. Circ. Vacates $181M Patent Verdict Against AT&T, Nokia
The Federal Circuit on Wednesday wiped out Finesse Wireless' $181 million verdict against AT&T and Nokia, finding issues in "confusing and unclear" expert testimony that had supported the case accusing the wireless carriers of infringing a pair of radio interference patents.
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September 24, 2025
IP Feud Over 'Shark Tank'-Backed Comb Settles Before Trial
The inventor of a hair-twisting system that was featured on an episode of "Shark Tank" and received an investment from celebrity businessman Mark Cuban has settled patent infringement claims with a rival a week before the two were to go to trial.
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.