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  • July 29, 2025

    Auto Dealer Software Biz Hit With Antitrust Counterclaims

    A data company accused alongside Tekion Corp. of hacking into rival technology firm CDK Global's auto dealership management software system to steal proprietary information hit CDK Tuesday with an antitrust counterattack, accusing it of "usurping control over dealer data" that doesn't belong to it in an effort to thwart competition.

  • July 29, 2025

    Haynes Boone Power Team Keeps Winning At Fed. Circ.

    Debbie McComas and Angela Oliver have emerged as the duo to beat at the Federal Circuit, as the Haynes Boone partners have taken victories in each of the seven patent appeals between them they've argued this year.

  • July 29, 2025

    Teva, Amneal End Case Over Listing Inhaler IP In Orange Book

    A New Jersey federal judge on Tuesday closed litigation between Teva and Amneal, which had led to the Federal Circuit's major decision that patents for Teva's inhalers don't belong in the U.S. Food and Drug Administration's Orange Book. 

  • July 29, 2025

    Reported Plan For Value-Based Patent Fees Unnerves Experts

    A proposal reportedly under consideration by the Trump administration to charge patent owners a new fee based on the value of their patents has spurred numerous questions and concerns among experts, who say the idea appears nearly unworkable and could hinder innovation.

  • July 29, 2025

    Jack Daniel's Toy TM Win Violates Free Speech, 9th Circ. Told

    The maker of a dog toy parodying Jack Daniel's iconic whiskey bottle has urged the Ninth Circuit to reverse a finding that its "Bad Spaniels" toy tarnishes Jack Daniel's mark, arguing the ruling constitutes unconstitutional viewpoint discrimination over "mild poo jokes" that weren't similar to famous Jack Daniel's marks.

  • July 29, 2025

    Del. Judge Lets Realtek Beat IP Suit With Alice Invalidation

    A Delaware federal judge has invalidated the communications patent Media Content Protection LLC accused Realtek Semiconductor Corp. of infringing, finding it doesn't meet patent eligibility requirements.

  • July 29, 2025

    Fed. Circ. Backs Netflix's PTAB Win In Computing Patent Fight

    The Federal Circuit won't revive a computing patent owned by a Broadcom Corp. unit, backing a Patent Trial and Appeal Board decision that found Netflix was able to prove that all of the claims in the patent were invalid.

  • July 29, 2025

    PTAB Will Now Decide All Grounds In AIA Reviews

    The U.S. Patent and Trademark Office on Tuesday ordered administrative patent judges to address all grounds raised in America Invents Act petitions when issuing their final decisions.

  • July 29, 2025

    New Guidelines Aim To Reform Counterfeiter Case Practices

    Amid federal courts' growing concern toward a legal strategy of joining dozens of alleged counterfeiters in a single complaint, plaintiff attorneys who are among the most frequent filers of such cases have announced what they consider best practices for the litigation.

  • July 29, 2025

    Mexican Media Co. Wants Fox's Soccer Licensing Suit Tossed

    A Mexican media company facing contract breach claims from Fox Cable Network Services LLC over soccer broadcasting rights called on a California federal judge Monday to dismiss the case, asserting that the U.S. media giant's case is too thin and that litigation already underway in Mexico should take precedence.

  • July 29, 2025

    Staged 'Mockingbird' Didn't Infringe, But Atty Fees Nixed

    The Second Circuit on Tuesday agreed with a Manhattan federal judge that one theater company's performances of a stage version of "To Kill a Mockingbird" didn't infringe the licenses of another, but vacated a $200,000 attorney fees award and directed the judge to reconsider.

  • July 29, 2025

    Motorola Seeks Contempt Ruling In Hytera Trade Secret Fight

    Motorola has urged an Illinois federal court to hold Hytera in contempt for selling off its Teltronic subsidiary without telling the court or Motorola, saying it still owes Motorola hundreds of millions of dollars toward a $489 million debt it owes in a trade secrets fight over two-way radios.

  • July 29, 2025

    9th Circ. Won't Revive Drag Queen's Likeness Claims

    The Ninth Circuit has affirmed Netflix's win in a case brought by a famous Los Angeles drag queen who sued over use of her likeness in an adult animation show, saying it had not been shown that Netflix used that likeness as a mark rather than some other expressive function. 

  • July 29, 2025

    Authors Fight Anthropic's Appeal Of Fair Use Ruling

    Authors battling artificial intelligence firm Anthropic over its use of their books to train a large language model have urged a California federal judge to disallow a mid-case appeal of his ruling that Anthropic could use books it bought legally, but not the millions it purportedly lifted from online libraries of pirated works.

  • July 29, 2025

    Rising Star: Robins Kaplan's Jessica Gutierrez

    Robins Kaplan LLP's Jessica Gutierrez helped an artificial Christmas tree company win a $42 million patent infringement verdict and secured a $13 million judgment in a software company's copyright litigation against the U.S. government, earning her a spot among the intellectual property attorneys under age 40 honored by Law360 as Rising Stars.

  • July 29, 2025

    Federal Cuts Shake Up Clinical Research Funding Landscape

    As the Trump administration makes deep cuts to clinical research funding, healthcare attorneys worry that the delicate balance between federal grants and private investment is at risk. Crowell & Moring LLP partner Linda Malek talks to Law360 Healthcare Authority about the industry's concerns.

  • July 29, 2025

    Stewart Undoes PTAB Decisions Axing Chip Patents

    The acting head of the U.S. Patent and Trademark Office has thrown out a pair of Patent Trial and Appeal Board decisions that semiconductor companies like Texas Instruments were able to show two Greenthread chip patents are invalid.

  • July 29, 2025

    Tech Pro Says Alleged Software Copying Was 'Obvious' Joke

    A payments company's former head of technology has denied copying the company's software to help build a rival platform, telling a London court that his ex-employer has taken a joke about pinching the code "out of context."

  • July 28, 2025

    Authors Want Court To Reject Anthropic's Bid To Delay Trial

    A group of authors urged a California federal court Monday to reject Anthropic PBC's request to pause their copyright case while Anthropic appeals the court's recent class certification order, arguing that the company has "no basis for a stay" and is trying to deprive them of their day in court.

  • July 28, 2025

    Patent Damages Explode As Practice Areas See Wild Swings

    Damages in plaintiff-won federal patent cases have soared in the past decade while those in environmental cases and some other types of civil litigation have plummeted, a new report from Lex Machina shows.

  • July 28, 2025

    Cadence To Pay $140M For Illegal Chip Design Exports To China

    Semiconductor technology company Cadence Design Systems agreed to pay over $140 million and plead guilty to criminal conspiracy to commit export control violations to resolve charges that it exported semiconductor design tools to a restricted Chinese military university, U.S. Department of Justice officials announced Monday.

  • July 28, 2025

    Perplexity's TM Infringement Confuses Its Own AI, Comet Says

    Software company Comet ML asked a California federal judge to tighten up a preliminary injunction in its trademark infringement dispute with Perplexity AI to protect against consumer confusion, saying the artificial intelligence company's own chatbot confuses the two companies' services.

  • July 28, 2025

    Google Targets Online Ed Co.'s AI Overviews Antitrust Suit

    Google asked a D.C. federal judge Friday to dismiss an online education company's lawsuit alleging it coercively conditioned a high search ranking on permitting the "cannibalization" of content for artificial intelligence overviews, arguing AI Overviews are a product improvement whose implementation can't be dictated by antitrust law.

  • July 28, 2025

    Smucker, Chubby Snacks End TM Spat Over Uncrustables

    J.M. Smucker has settled its lawsuit accusing Chubby Snacks of misusing its Uncrustables trademarks and making disparaging comments about the signature sandwich while hyping up its own competing peanut butter and fruit spread product as a purportedly healthier option, according to an order signed Monday by an Ohio federal judge.

  • July 28, 2025

    NeoGenomics Wants Jury Trial In Natera DNA Test Patent Fight

    NeoGenomics Laboratories Inc. told a North Carolina federal judge that a company suing it for patent infringement over DNA cancer test technology, Natera Inc., had no right to withdraw its demand for a jury trial and move forward with a bench trial.

Expert Analysis

  • 7 Considerations For Conducting Drug Clinical Trials Abroad

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    With continuing cuts to U.S. Food and Drug Administration staffing motivating some pharmaceutical companies to consider developing drugs abroad, it's important to understand the additional risks and compliance requirements associated with conducting clinical studies in other countries, say attorneys at Morgan Lewis.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • Best Practices For Companies Integrating Existing IP With AI

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    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.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    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.

  • How Athletes Can Protect Their Signature Celebrations As IP

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    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.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

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    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.

  • How Attorneys Can Make The Most Of A Deposition Transcript

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    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.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    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.

  • Vape IP Ruling Shows Stark Contrast Between ITC And Courts

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    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.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    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.

  • Why Attys Should Get Familiar With Quantum Computing

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    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.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    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.

  • How The USPTO Might Find A Path Forward After Job Cuts

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    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.

  • As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks

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    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.

  • Understanding How Jurors Arrive At Punitive Damage Awards

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    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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