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Intellectual Property
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May 21, 2025
Dem Rep. Calls For Withdrawal Of New PTAB Denial Policies
A Democratic member of the U.S. House of Representatives representing Silicon Valley told the acting head of the U.S. Patent and Trademark Office that she had "serious concern" regarding new policy in which the director has the final word on whether patent challenges should be denied for discretionary reasons.
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May 21, 2025
Innoscience Rips Bid To Undo PTAB Win In Chip IP Fight
Chinese company Innoscience has urged the acting head of the U.S. Patent and Trademark Office to shut down a California-based semiconductor company's bid to throw out a Patent Trial and Appeal Board decision invalidating one of its patents.
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May 21, 2025
Full Fed. Circ. Undoes $20M Google Loss, Orders New Trial
The full Federal Circuit on Wednesday ordered a new damages trial in a case where a jury told Google LLC to pay $20 million for infringing an EcoFactor Inc. thermostat patent, ruling that the testimony of EcoFactor's damages expert was unreliable and should not have been admitted.
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May 21, 2025
Distiller Says Ex-Partner, Attys Used RICO Suit To Ruin Him
A Pennsylvania distiller claims his erstwhile partner in Pittsburgh's Kingfly Spirits launched years of litigation against him designed to ruin his reputation and career, saying in a complaint of his own that the ex-collaborator texted him "game on" before beginning his abusive legal campaign.
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May 21, 2025
Apologetic NJ Atty Gets 21 Months For $350K COVID Fraud
A New Jersey attorney sentenced to 21 months in federal prison on Wednesday for claiming he was a business in order to receive nearly $350,000 earmarked for small businesses amid the COVID-19 pandemic apologized to the court for the "embarrassment" he caused to the legal profession.
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May 21, 2025
Tech Co. Dynavision Says Rival Ripped Off 'Neuro-Visual' IP
An Ohio-based technology company has brought a lawsuit in federal court claiming the trade dress of its "neuro-visual" training system, used by athletes and others, was ripped off by a rival.
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May 21, 2025
Fed. Circ. Rules 'Vetements' Generic, Bars Clothing TM
The Federal Circuit affirmed the denial of trademark registrations for "Vetements" for clothes, saying in a precedential opinion Wednesday that because the word means clothing in French, the applied-for marks are generic and therefore can't be registered.
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May 20, 2025
LG Gets PTAB To Trim Smart TV Patent Claims As Trial Starts
The Patent Trial and Appeal Board on Monday invalidated claims in two Multimedia Technologies Pte. Ltd. smart television patents that are at issue in an infringement trial against LG in Texas federal court that began the same day.
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May 20, 2025
Crypto Co. Says Uniswap Uses Its Patented DeFi Tech
The developer of decentralized exchange Bancor on Tuesday accused the entities behind its competitor Uniswap of wrongfully using patented smart contract technology that went on to underpin much of the decentralized finance ecosystem.
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May 20, 2025
Moderna Says Order To Narrow Vax IP Case Should Stay
Moderna has said that a federal judge should ignore a rival mRNA developer's request to rethink his decision limiting issues in a patent suit over the company's COVID-19 vaccines, saying the rival is trying to make new arguments too late.
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May 20, 2025
Assessing The Design Patent Impact Of LKQ, One Year Later
It's been one year since the full Federal Circuit's LKQ v. GM decision threw out longstanding tests for determining if design patents are invalid as obvious, and attorneys say it's too soon to tell if the ruling will change invalidity results, but it has reshaped legal strategies.
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May 20, 2025
Ye Must Answer Discovery Requests In 'Donda' IP Suit
A California federal magistrate judge has largely granted a company's request for documents related to its copyright infringement suit against Ye — the artist formerly known as Kanye West — his entities, UMG Recordings Inc. and Universal Music Corp. over two tracks in Ye's August 2021 "Donda" album.
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May 20, 2025
Netflix Hit With TM Suit Over Tyler Perry's 'She The People'
The founder of a leadership organization focused on women of color alleged in California federal court Monday that Tyler Perry's fictional Netflix comedy series "She the People" about a female Black politician infringes her registered trademark.
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May 20, 2025
Carnegie Hall Group Targets Hospitality Biz In TM Suit
The nonprofit behind New York City's famous Carnegie Hall accused a hospitality company in a federal lawsuit Tuesday of infringing the concert venue's trademarks by using them for the company's diners and cafés.
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May 20, 2025
Music Co. Rips Apple's Sanctions Bid Over App Store Ouster
Musi Inc. and its counsel at Winston & Strawn LLP have urged a California federal judge to reject Apple's request for sanctions over accusations Musi made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.
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May 20, 2025
Howard & Howard Adds IP Atty From Dickinson Wright
Full-service law firm Howard & Howard has hired a former Dickinson Wright intellectual property attorney as a partner for its Las Vegas office.
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May 20, 2025
Stewart Revives E-Cig Patent Row, Clarifying PTAB Denials
The acting head of the U.S. Patent and Trademark Office has revived a company's Patent Trial and Appeal Board challenge to an electronic cigarette patent, issuing a precedential decision that provides guidance on discretionary denials when a patent challenger relies on prior art previously furnished to an examiner.
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May 20, 2025
Ex-NCAA Basketball Players Appealing NIL Denial To 2nd Circ.
A group of 16 former men's basketball players suing the NCAA for unrealized name, image and likeness compensation filed notice Monday that they plan to appeal to the Second Circuit a New York federal court's decision to toss their lawsuit.
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May 20, 2025
SAG-AFTRA Battles Use Of Fortnite's AI Darth Vader At NLRB
The developer behind the video game Fortnite violated federal labor law by not negotiating with SAG-AFTRA before using artificial intelligence to voice Darth Vader, the union alleged in an unfair labor practice charge, claiming the company's AI use takes away work from bargaining unit members.
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May 20, 2025
Netlist Hits Samsung, Micron With New Patent Suits
Netlist has hit both Samsung and Micron with lawsuits in Texas federal court that accuse them of infringing a computer memory patent, cases that come after Netlist won multimillion-dollar verdicts in other intellectual property litigation against the companies.
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May 20, 2025
MLBPA, Underdog Sports End Suit Over Using Player Images
The Major League Baseball Players Association and sports betting platform Underdog Sports have agreed to end the union's suit alleging unauthorized use of players' names, images and likenesses to promote its services, a complaint that originally also accused FanDuel of the same usage.
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May 19, 2025
Let's Talk About Rights: Salt-N-Pepa Sue UMG To Reclaim IP
Hip-hop duo Salt-N-Pepa sued UMG in New York federal court on Monday, saying the music company refused to return the copyrights for several of their hits, including "Push It" and "Let's Talk About Sex," and for punishing their attempt to assert their rights by removing songs from streaming platforms and distribution channels.
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May 19, 2025
4th Circ. Partially Revives Eye Drop Maker's IP Theft Suit
A Fourth Circuit panel partially revived Monday eye drop maker OSRX Inc.'s trade secret theft lawsuit against a former sales executive who is accused of defecting to rival ImprimisRx with OSRX's confidential information, affirming the lower court's decision to send claims against the ex-executive to arbitration, but rebooting allegations against ImprimisRx.
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May 19, 2025
Co. Topples IP Dispute By Having Crane Patent Nixed
A Washington federal judge has dismissed an inventor's patent infringement case against a heavy lifting and transport company, finding that claims in the patent covering a crane system are invalid as indefinite.
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May 19, 2025
Va. State Judge Clears VLSI's Fraud Suit Against PQA
Patent Quality Assurance and an associated attorney must face litigation accusing them of fraud during an inter partes review against VLSI Technology, a Virginia state judge has concluded.
Expert Analysis
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Is AI Distillation By DeepSeek IP Theft?
A brewing controversy over whether Chinese artificial intelligence company DeepSeek's distillation of outputs from OpenAI's ChatGPT violates copyright law raises questions about the legality and ethics of such practices, and will set important precedents for the future of AI development and intellectual property law, say attorneys at Winston & Strawn.
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Pepperdine Case Highlights Shift In Collegiate IP Landscape
A complaint filed by Pepperdine University against Netflix and Warner Bros. two weeks ago alleges that a comedy series unlawfully copies the school's trademarks, and the decision could reshape the portrayal of collegiate athletics on screen and the legal tools schools use to defend their emblems, says Mindy Lewis at Michelman & Robinson.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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Patent Prosecution Length Has Surprising Impact On Invalidity
Though practitioners might hypothesize that patents with longer prosecution histories are less likely to have inherent validity problems, a statistical analysis of over 89,000 patents involved in litigation suggests otherwise, say attorneys at Baker Botts.
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Managing Anti-Corporate Juror Views Revealed By CEO Killing
After the shooting of UnitedHealthcare CEO Brian Thompson laid bare deep-seated anti-corporate sentiments among the public, companies in numerous industries will have to navigate the influence of related juror biases on litigation dynamics, say Jorge Monroy and Keith Pounds at IMS Legal Strategies.
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Reuters Ruling Means For AI Fair Use And Copyright
A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.