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Intellectual Property
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October 06, 2025
High Court Rejects USAA Appeal Over Patent Invalidations
The U.S. Supreme Court refused Monday to review the invalidation of two USAA patents in litigation against PNC Bank after USAA argued the Federal Circuit blessed a contradictory ruling in a nearly identical patent review.
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October 06, 2025
Justices Deny 'Space Force' TM Appeal From IP Atty
The U.S. Supreme Court on Monday skipped an appeal from an attorney who said a 2018 speech from President Donald Trump was the inspiration for his attempt to register "US Space Force" as a trademark.
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October 06, 2025
Justices Deny Aviation Co.'s Appeal Over TM Trial Rights
The U.S. Supreme Court on Monday rejected an appeal from a personal aviation company that raised the question of whether parties in trademark infringement cases still have a right to a jury trial when seeking an accounting of profits as the monetary remedy rather than damages.
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October 06, 2025
Justices Skip TM Dispute Over Pink Color In Hip Implants
The U.S. Supreme Court on Monday declined a German medical supplier's appeal challenging a Federal Circuit conclusion that the color pink in a hip joint implant part is not protectable trade dress because its purpose is functional.
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October 03, 2025
Up First At High Court: Election Laws & Conversion Therapy
The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
Few Petitions Move Forward In Newest Discretion Reviews
Deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 15 Patent Trial and Appeal Board petitions Friday night, but allowed five challenges to proceed.
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October 03, 2025
Cameron Can't Pin $8.9M IP Verdict On Bankrupt Co.'s Owners
Cameron International Corp. cannot hold the owners of Nitro Fluids LLC liable for a nearly $9 million patent infringement verdict against the bankrupt fracking and oil drilling services group, a Texas federal judge ruled, saying Cameron waited too long to add the owners to the litigation.
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October 03, 2025
Paltalk Urges Albright To Revive $65.7M Cisco Patent Verdict
Paltalk Holdings wants U.S. District Judge Alan Albright to revisit his decision wiping out an over $65.7 million verdict in its favor against Cisco Systems Inc. and ordering a new trial on damages in the patent infringement case, saying the verdict was backed by enough evidence.
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October 03, 2025
NIH Sets Patent License Policy Aimed At Promoting Access
The National Institutes Of Health has implemented a new policy that was proposed during the Biden administration to require those seeking commercial licenses to NIH-owned patents to detail how they will promote patient access for new drugs or medical devices they develop.
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October 03, 2025
2nd Circ. Erases Injunction In Pet Supplement False Ad Fight
The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.
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October 03, 2025
Google Beats Search Engine Patent Suit For Good
A California federal judge on Friday permanently dismissed LookSmart Group Inc.'s suit accusing Google of infringing a search engine patent, saying LookSmart had failed to amend the claims so that they didn't only describe an unpatentable abstract idea.
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October 03, 2025
Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule
The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.
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October 03, 2025
Singer Says Ex-Manager's Forgery Might Cost Him 'Millions'
Grammy Award-winning gospel singer Chandler Moore and his company have filed suit against his business manager and several of his alleged "corporate alter egos," claiming the manager used his position and those entities to enrich himself, misappropriate intellectual property rights and deprive Moore of millions in royalties.
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October 03, 2025
Biz Can't Sue Bank Over Patent It Didn't Own, Judge Suggests
A Western District of Texas magistrate judge recommended Friday that a suit accusing a Canadian bank of patent infringement be tossed, finding that the business that brought the suit didn't actually own the virtual payment methods patent.
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October 03, 2025
Man In Fake 5-Hour Energy Plot Sentenced To Time Served
A Mexican national who admitted to being part of a scheme to peddle counterfeit 5-Hour Energy drinks has been sentenced to time served and ordered to pay nearly $556,000 in restitution to the maker of the supplement in California federal court.
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October 03, 2025
11th Circ. Backs Royalties Firm In Hip-Hop Payouts Dispute
The Eleventh Circuit on Friday affirmed a win for a music royalties firm in a case brought against one of the members of the '90s hip-hip duo Black Sheep for allegedly breaching his contract.
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October 03, 2025
OpenAI Looks To Ditch XAI's Trade Secrets Theft Suit
OpenAI Inc. has written off a suit from xAI accusing it of poaching employees in order to steal trade secrets as another attempt by Elon Musk to disrupt OpenAI's efforts to create artificial intelligence that benefits humanity, adding that employees were leaving Musk's company of their own volition.
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October 03, 2025
Ex-USPTO Director Vidal Joins Fed. Circ. Advisory Council
The Federal Circuit's advisory council has brought on a former U.S. Patent and Trademark Office director and a Latham & Watkins LLP partner as its newest members.
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October 03, 2025
Newman Opposes Fed. Circ.'s Stay Bid Amid Shutdown
The government shutdown is no excuse to halt proceedings in Judge Pauline Newman's case for reinstatement to the Federal Circuit, the judge said in an opposition, noting in a Friday filing that the Federal Circuit was seeking to delay its own litigation while pledging to deny similar motions that come before it.
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October 03, 2025
Deceased IP Attys' Names Worth $55K, Conn. Judge Rules
A Connecticut federal judge has declined to upend an expert's valuation amounting to $54,775 in a trademark infringement suit over the names of deceased law partners that appear in the masthead of intellectual property firm Ohlandt Greeley Ruggiero & Perle LLP, determining such a change is unwarranted.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Stryker Gets Fed. Circ. To Ax Bone Fusion Patent Claims
The Federal Circuit on Friday reversed the Patent Trial and Appeal Board's findings that Stryker failed to show that certain claims were anticipated in a trio of OsteoMed patents relating to ways to secure bones together.
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October 03, 2025
Getting It Right: An Economist On Transfer Pricing
Michael McDonald, who retired from EY last month, spent most of his career at the U.S. Treasury Department, working on rules governing how related companies should calculate the value of intangible assets transferred between them, then later contributed to the massive rewrite of international tax rules by the OECD in 2015. McDonald reflected on both projects in an interview with Law360.
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October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up
In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
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.