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July 14, 2025
Microsoft, OpenAI Ask 9th Circ. To Toss Coders' DMCA Claims
Microsoft and OpenAI have asked the Ninth Circuit to affirm the dismissal of a suit brought by coders who claim that the companies' large language models spit out code almost identical to code they wrote, saying the coders have only alleged hypothetical injuries.
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July 14, 2025
Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent
The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.
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July 14, 2025
J&J Unit Follows Fed. Circ. Win With Schizophrenia Drug Suits
Johnson & Johnson's Janssen subsidiaries have sued Sun Pharma for patent infringement in federal courts in New Jersey and Delaware over the generics maker's plans to market its versions of Janssen's Invega Sustenna drug last week, following Janssen beating a patent challenge for the schizophrenia drug in the Federal Circuit.
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July 14, 2025
Ex-Engineer At Tech Co. IyO Hit With Trade Secrets Suit
Technology company iyO Inc. has alleged in a California state court lawsuit that a former engineer gave confidential company information to the co-founder of competitor io Products Inc., which is currently facing a federal trademark lawsuit alongside its new owner, OpenAI.
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July 14, 2025
DraftKings Escapes Mobile App Patent Suit In NJ
A New Jersey federal judge tossed claims that DraftKings copied patented features of its sports betting and fantasy game mobile application, ruling that the complaint from WinView Inc. failed to describe the alleged infringement.
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July 14, 2025
AI To Spark New Boom In Intangible, IP Assets, WIPO Says
Artificial intelligence is driving a boom in intellectual property rights and other intangible assets, with a recent study showing that investments in software, brands and patents have grown over three times faster than physical assets since 2008.
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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.
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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 they decided.
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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.
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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.
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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.Â
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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.
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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.
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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.
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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.
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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.
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July 11, 2025
The Biggest TM Rulings Of 2025: A Midyear Report
Justices overturned a trademark award of more than $40 million in a long-running case in which lower courts put a company's affiliates on the hook for the amount, and a pair of precedential decisions from the Federal Circuit provided guidance on whether colors can be protected trade dress. Here is Law360's list of the biggest trademark decisions so far this year.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Trade Secrets Would Likely See Court Protection From GenAI
The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.
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5 Tribunals' Rules To Help Patent Litigators Avoid AI Disasters
Tech-savvy patent litigators are uniquely poised to stay current on the latest developments in artificial intelligence, such that courts may have even higher expectations for their compliance with AI rules, including the standing orders of several patent-heavy fora, say attorneys at Finnegan.
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Unpacking Copyright Office's AI Report Amid Admin Shakeups
Though recent firings have thrown the U.S. Copyright Office into turmoil, the latest entry in its report on artificial intelligence can serve as a road map for litigants, persuasive authority for courts and input on the legislative process, say attorneys at Epstein Becker.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Trending At The PTAB: The Influence Of Litigation Arguments
Recent decisions from the Patent Trial and Appeal Board shed light on the varying extent to which the board considers patent owners' district court arguments, particularly with respect to the meaning of claim terms, say attorneys at Finnegan.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Opinion
UK Court Of Appeal's FRAND Ruling Is Troubling
The U.K. Court of Appeal's recent decision in Optis v. Apple disregards a lower court's extensive factual findings and contradicts its own precedent regarding fair, reasonable and nondiscriminatory terms for cellular patents, says Enrico Bonadio at the University of London.
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Opinion
Int'l Athletes' Wages Should Be On-Campus Employment
The U.S. Department of Homeland Security should recognize participation in college athletics by international student-athletes as on-campus employment to prevent the potentially disastrous ripple effects on teams, schools and their surrounding communities, says Catherine Haight at Haight Law Group.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Adapting To PTAB's Reembracing Of Discretionary Denials
Recent guidance from the U.S. Patent and Trademark Office marks a swing back toward procedural discretion in Patent Trial and Appeal Board trial institution decisions, bringing unpredictability but also opportunities for drafting petitions, and making and responding to discretionary denial arguments, says Taylor Stemler at Merchant & Gould.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.