Recent Federal Circuit decisions overturning substantial patent judgments due to statements the patent owner made during the application process illustrate the importance of applicants carefully calibrating their arguments, particularly when seeking design patents, attorneys say.
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Intellectual Property
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TOP NEWS

Analysis

Axed Verdicts Put Spotlight On Patent Applicant Statements

By Ryan Davis

Recent Federal Circuit decisions overturning substantial patent judgments due to statements the patent owner made during the application process illustrate the importance of applicants carefully calibrating their arguments, particularly when seeking design patents, attorneys say.

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USPTO's Stewart Suggests Org. Is Eyeing Patent Fee Changes

By Theresa Schliep

U.S. Patent and Trademark Office acting Director Coke Morgan Stewart addressed rumors that the Trump administration is considering a new fee on the values of patents on Wednesday, saying Commerce Secretary Howard Lutnick is "very concerned" about the "disconnect" between the low costs of obtaining patents and their huge worth.

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Ye Fights Sanctions Bid In IP Suit Involving DJ Khalil Music

By Ivan Moreno

The artist once known as Kanye West, Ye, and his associated companies have asked a California federal court to reject a request for case-terminating sanctions in a lawsuit accusing him of ripping off copyrighted music for his 2021 "Donda" album, saying the defendants are trying to comply with discovery obligations.

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Paramount Wants Docs In 'Top Gun: Maverick' Copyright Case

By Emily Sawicki

A "Top Gun: Maverick" screenwriter's cousin who is pursuing copyright infringement claims against Paramount should have to turn over communications he and his lawyer exchanged with the Writers Guild of America, the studio told a New York federal judge on Tuesday, arguing the documents are relevant and aren't shielded by privilege.

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'Bigger Than Life' Patent Atty Hal Wegner Dies At 82

By Theresa Schliep

Harold C. Wegner, a retired Foley & Lardner LLP partner and educator described by peers as a patent law icon with a larger-than-life personality, has died. He was 82.

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PATENTS

Texas Judge Axes Wellhead Patent Allegations Over Alice

By Adam Lidgett

A Texas federal judge threw out allegations that fracking equipment maker Downing Wellhead Equipment infringed a pair of wellhead control mechanism patents, finding the patents do not pass muster under the U.S. Supreme Court's Alice test.

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Judge Says No New Trial In Fleet Monitoring Patent Fight

By Adam Lidgett

A California federal judge said Tuesday there is no basis for a new trial after a jury in April cleared Motive Technologies of allegations that it infringed a series of fleet monitoring patents, but ruled that claims in two of the patents were ineligible for patent protection to begin with.

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Juniper, Correct Transmission Reach Deal To End Patent Suit

By Adam Lidgett

Internet router maker Juniper Networks has agreed to settle a lawsuit in California federal court that had accused it of infringing various data communication network patents.

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Baker Botts Atty Seeks To Trim Patent Exec's Defamation Suit

By Lauren Berg

A Baker Botts LLP intellectual property litigator has urged a Florida federal judge to trim a patent licensing company executive's lawsuit alleging she made defamatory statements about him in news articles, saying some of the claims come too late, and others don't have a basis in facts.

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Brief

USPTO To Require Advanced Multifactor Authentication

By Elliot Weld

The U.S. Patent and Trademark Office said Wednesday that, beginning in November, it will no longer accept email as an account verification method and will require other, more advanced authentication processes.

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COPYRIGHTS & TRADEMARKS

Vivint Asks 4th Circ. To Rethink Affirming $190M TM Verdict

By Hayley Fowler

Vivint Smart Home Inc. is looking for a do-over after the Fourth Circuit affirmed a nearly $190 million verdict in a suit accusing it of deceiving customers of a rival security company, saying the ruling flouts North Carolina's cap on punitive damages and ignores state appellate precedence.

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Bong Maker Warned Of Sanctions After Repeated Errors

By Jonathan Capriel

A Texas federal judge said Tuesday he's issued his last warning to a California-based bong maker which has filed nearly five dozen trademark infringement cases against head shops in North Texas, saying sanctions will come if the company keeps making the same procedural mistakes.

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Groupe Dynamite Sued Over 'Members Only' Hoodie

By Elliot Weld

The owner of the Members Only clothing brand, which skyrocketed to popularity in the 1980s, sued Canadian apparel company Groupe Dynamite Inc., claiming it was making a hoodie that used the mark.

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Brief

Feuding Flag Football Organizations Settle TM Dispute

By Elliot Weld

USA Football and USA Flag have agreed to settle a pair of cases they brought against each other alleging trademark infringement, unfair competition and false representations stemming from who should govern flag football in the U.S.

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TRADE SECRETS

10th Circ. Partly Revives Ex-Sales Head's Client List Case

By Elliot Weld

A split panel of the Tenth Circuit partially revived a case from a sales executive against his former employer who claims the company took a customer list, saying the executive had improperly been barred from offering expert testimony on his lost wages.

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EXPERT ANALYSIS

Reddit V. Anthropic Is A Defining Moment In The AI Data Race

The recent lawsuit filed by Reddit against Anthropic in California state court marks a pivotal moment in the burgeoning field of artificial intelligence by sidestepping a typical copyright dispute, focusing instead on the enforceability of online terms of service and ownership of the digital commons, says William Galkin at Galkin Law.

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LEGAL INDUSTRY

Bonus Spotlight

Milbank Offers Summer Bonuses Of Up To $25K To Associates

By Anna Sanders

Milbank LLP has become the first BigLaw firm to announce summer bonuses this year, offering up to $25,000 for associates and counsel after smaller shops also unveiled midyear payouts.

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'Breakdown In Civility' Gets Boies Schiller Sanctioned

By Grace Elletson

A California federal judge slapped Boies Schiller Flexner LLP with a $15,000 sanction Thursday in a former worker's suit claiming Levi Strauss & Co. declined to promote her out of sex bias, faulting the firm for a "uniquely eye-opening breakdown in civility and professionalism."

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Federal Courts Disclose New Cyberattacks On PACER System

By Lauren Berg

The federal judiciary on Thursday disclosed there have been escalating cyberattacks on its case management system, putting sealed and sensitive case documents at risk, and that it is taking steps to strengthen its security.

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Fox Rothschild Must Face Litigation Funding Suit, Court Told

By Rose Krebs

A married couple is urging a New Jersey state judge to reject Fox Rothschild LLP's bid to exit a malpractice suit alleging that they were unlawfully steered to cover medical expenses with high-interest loans from the firm's litigation funder client, saying they've "amply" pleaded claims of misconduct.

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Ex-Boston Heart CEO Defends Jenner & Block Fee Bid

By Rose Krebs

Boston Heart's former CEO is urging the Delaware Chancery Court to order the medical testing company to advance her legal fees to pay Jenner & Block LLP for its defense of her in criminal and civil cases, disputing Boston Heart's claims that the law firm's rates are "grossly inflated."

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DOJ's Boasberg Complaint Violates Judicial Privacy, Sen. Says

By Jake Maher

Sen. Sheldon Whitehouse, D-R.I., has accused the U.S. Department of Justice of misusing private comments from a meeting of the Judicial Conference of the United States to pursue ethics charges against a federal judge who found probable cause to hold President Donald Trump's administration in contempt of court.

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2nd Circ. Says Trial Atty With Brain Disease Not 'Ineffective'

By Bonnie Eslinger

The Second Circuit on Thursday affirmed the convictions of a former New York City law enforcement union president along with its ex-financial adviser for defrauding members out of $500,000, rejecting among contentions that one defense lawyer's abilities were impaired at trial by a fast-moving neurodegenerative disease.

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Calif. Ethics Panel Clarifies Judge DQs In Racial Justice Cases

By Madison Arnold

A California judicial ethics committee has issued a formal opinion advising a judge who is a former prosecutor that a pending case involving a discovery motion under the state's Racial Justice Act does not require the judge's recusal.

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California Anti-Deepfake Law Struck Down By Judge

By Jared Foretek

A California federal judge has agreed to block a California anti-deepfake law as constitutionally and legally invalid, siding with conservative media companies and content creators who argued that the law infringes platforms' First Amendment rights to moderate content on their own and pressures them to censor speech.

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Democracy Forward Launches Appellate Practice

By Lynn LaRowe

The Democracy Forward Foundation has formed an appellate practice on the heels of a hiring spree that has doubled the nonprofit's legal staff since November with former BigLaw and government attorneys, as some private firms have pulled back from taking on cases that challenge the current White House.

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Trump Admin Asks Justices To Halt ICE Arrest Limits In LA

By Hailey Konnath

The Trump administration on Thursday asked the U.S. Supreme Court to pause a California federal court's order temporarily blocking the government from conducting immigration arrests in the Los Angeles area without probable cause, arguing that it threatens officials' ability to enforce immigration laws.

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Sentencing Commission Plans To Reassess Fraud Guidelines

By Stewart Bishop

The U.S. Sentencing Commission on Wednesday said it will consider potential reforms to the federal sentencing guidelines for fraud offenses, including the outsized role of loss calculation in sentencing, one of several priorities the agency has marked for closer examination.

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Trump Taps Economic Adviser Miran For Fed Board Vacancy

By Sarah Jarvis

President Donald Trump said Thursday that he has chosen Stephen Miran, the chairman of his Council of Economic Advisers, to fill a vacancy on the Federal Reserve's Board of Governors until early 2026 while continuing to search for a permanent replacement.

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LAW FIRMS IN TODAY'S NEWS

Arnold & Porter

Baker & Hostetler

Baker Botts

Bell Nunnally

Binder & Schwartz

Boies Schiller

Cahill Gordon

Copernicus Law

CourtLaw

Covington & Burling

Dickinson Wright

Downey Brand

Fabricant LLP

Faegre Drinker

Foley & Lardner

Fox Rothschild

Gemini Law

Hamilton Lincoln

Haynes Boone

Heyman Enerio

Irell & Manella

Jenner & Block

King & Spalding

Kirkland & Ellis

Kontnik Cohen

Licks Attorneys

Martorell Law

Mayer Brown

McGuireWoods

Milbank LLP

Morgan Lewis

Morvillo Abramowitz

Nelson Mullins

Orbit IP LLP

Otterbourg PC

Paul Hastings

Peele Law Group

Potomac Law Group

Quinn Emanuel

Richards Layton

SML Avvocati

Scheef & Stone

Shook Hardy

Sullivan & Cromwell

Toberoff & Associates

Vartabedian Hester

Wilentz Goldman

WilmerHale

COMPANIES IN TODAY'S NEWS

Agricultural Products Extension LLC

Alliance Defending Freedom

Amazon.com Inc.

American Civil Liberties Union

Anthropic PBC

Beam Technologies Inc.

Boston Heart Diagnostics Corp.

CPI Corporation

CPI Security Systems Inc.

Campaign Legal Center

Democracy Forward Foundation

Directors Guild of America

Downing Wellhead Equipment LLC

Electronic Privacy Information Center

Fanatics Inc.

George Washington University

Google LLC

Guardian Life Insurance Co. of America

Harvard University

Juniper Networks Inc.

Kohl's Corp.

Law Enforcement Employees Benevolent Association

Levi Strauss & Co.

LinkedIn Corp.

Medtronic PLC

Motive Technologies Inc.

NFL Enterprises LLC

Okta Inc.

Omnitracs LLC

OpenAI OpCo LLC

Orbit International Corporation

Paramount Global

Paramount Pictures Corp.

Public Counsel

Reddit Inc.

Screen Actors Guild-American Federation of Television & Radio Artists

Starbucks Corp.

The Home Depot Inc.

USA Football Inc.

Uber Technologies Inc.

United Farm Workers

Wellhead Inc.

X Corp.

Zumiez Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

California Supreme Court

Consumer Financial Protection Bureau

Delaware Court of Chancery

European Union

Federal Reserve System

Internal Revenue Service

Judicial Conference of the United States

Kansas Judicial Branch

Patent Trial and Appeal Board

U.S. Attorney's Office

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. Immigration and Customs Enforcement

U.S. Patent and Trademark Office

U.S. Sentencing Commission

U.S. Supreme Court