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Intellectual Property
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February 11, 2025
Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk
President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.
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February 11, 2025
Medtronic, Axonics Agree To End Bladder Control Patent Fight
A California federal judge on Tuesday agreed to permanently dismiss Medtronic's long-running dispute accusing Axonics of infringing its patents related to its bladder and bowel control device, three months after Medtronic sought a new trial in the case following a verdict where a federal jury found no infringement by Axonics.
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February 11, 2025
High Court Urged To Skip Amazon Patent Program Fight
A maker of electric outlet covers has told the U.S. Supreme Court that a jurisdictional victory it scored last year at the Federal Circuit over patent infringement allegations initially brought through Amazon's patent evaluation program was "unremarkable" and should not be considered further.
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February 11, 2025
Teva Says Mixed Coreg Rulings Undermine GSK Damages Bid
Teva Pharmaceuticals has urged a Delaware federal judge to reject GlaxoSmithKline's request to enhance a $235 million infringement award over a skinny label version of GSK's cardiovascular drug Coreg, saying judges at all levels of courts made clear the case wasn't open and shut.
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February 11, 2025
GOP Reps. Reintroduce Litigation Funding Disclosures Bill
Three House Republicans have reintroduced legislation that would require the disclosure of parties collecting payments in civil lawsuits, saying that transparency on so-called "third-party litigation funding" was crucial, especially in patent litigation.
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February 11, 2025
Logan Paul Co. Won't Fight Messi's Absence In Drink IP Suit
Logan Paul's company told a New York federal judge it won't object to Lionel Messi's absence in an upcoming settlement conference in a trademark dispute due to the soccer legend's unavailability, after Messi's counsel claimed Monday the demand for the athlete's attendance appears to be designed "solely to harass" him.
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February 11, 2025
Patent Attys Can Be Liable For Fees Too, Justices Told
The tech and retail industries are endorsing an effort by Dish Network aiming to persuade the U.S. Supreme Court to potentially expand the personal liability of lawyers who file failed patent cases that are found to be "exceptional" by the courts.
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February 11, 2025
GoPro Foe Close To Scoring Camera Infringement Ruling
Ahead of a hearing Wednesday in a patent case facing GoPro Inc., a California federal judge says he's "inclined" to rule that a number of the company's cameras infringe a claim in a patent that was revived by the Federal Circuit last year.
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February 11, 2025
Chinese Co. Must Clarify Trade Secret Claims Against TikTok
A Chinese company suing TikTok for allegedly stealing proprietary information to develop a video-editing tool must provide more information about the trade secrets and copyrights claimed in its suit so that TikTok can prepare its defenses, a special master appointed to the case has ordered.
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February 11, 2025
What Judges Want You To Know: Litigate Smarter
Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the second installment of a two-part series, Law360 has pulled together advice from over the last few years that remains as relevant as ever.
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February 11, 2025
FanDuel, DraftKings Hit With Patent Suits From WinView
FanDuel and DraftKings were accused in New Jersey federal court of willfully infringing nine WinView IP Holdings patents covering online and mobile gambling despite the company's offers for collaboration.
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February 11, 2025
MSN Urges Fed. Circ. To Reinvalidate Novartis' Entresto IP
A Delaware federal judge properly invalidated a patent covering Novartis Pharmaceuticals' blockbuster cardiovascular drug Entresto for lacking written description, and a panel should never have overridden him, MSN Pharmaceuticals told the full Federal Circuit seeking a rehearing.
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February 11, 2025
Peet's Coffee, Splenda Maker Settle Sweetener TM Row
Peet's Coffee Inc. and Splenda maker Heartland Consumer Products LLC said Tuesday they have agreed to settle a trademark dispute over the coffee retailer's alleged use of Splenda labels to identify non-Splenda sweeteners, according to a one-page order in California federal court.
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February 11, 2025
Judge OKs Quick End To 'Moms Who Puck' TM Lawsuit
A Connecticut federal judge has approved the dismissal of a trademark lawsuit brought by a professional women's hockey player against two retired teammates over the name of their podcast, "Moms Who Puck," about two weeks after the parties agreed to end the litigation.
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February 11, 2025
Botkin Chiarello Adds Litigator From Cleveland Krist
Botkin Chiarello Calaf PLLC — an Austin, Texas, firm opened by six former Wittliff Cutter PLLC attorneys in 2023 that is focused on commercial and intellectual property litigation and general business counseling — has welcomed a litigator from Cleveland Krist PLLC.
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February 11, 2025
Fed. Circ. Revives Patent Suit Against Groupon
A Patent Trial and Appeal Board ruling that invalidates some claims of a patent does not prevent the patent owner from asserting different claims in court, the Federal Circuit has ruled, finding that a lower court wrongly dismissed a patent suit against Groupon Inc.
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February 11, 2025
Starbucks Fights Fla. Defamation Suit Over Atty's Statements
Coffee giant Starbucks Corp. wants out of a lawsuit brought by a patent-licensing company executive's defamation lawsuit, arguing its attorney was not speaking for the company when she made allegedly defamatory statements in an October news article.
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February 11, 2025
Judge Backs Thomson Reuters In 1st AI Ruling On Fair Use
Tech startup ROSS Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, a Delaware federal court said Tuesday in a highly anticipated opinion that is the first to rule on whether infringement in AI training is protected by fair use.
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February 11, 2025
Automakers Lose Fight To Block Mass. 'Right To Repair' Law
A Massachusetts federal judge on Tuesday tossed what was left of a long-running suit filed by major automakers seeking to block a Bay State law requiring vehicle manufacturers to provide open access to telematics systems.
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February 10, 2025
AI Copyright Plaintiffs Say Google Is Raising 'Marginal issues'
Artists and authors suing over how Google trains its artificial intelligence software say that the tech giant is disputing "marginal issues" that other tech giants facing similar copyright lawsuits over similar technology haven't brought up.
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February 10, 2025
What Judges Want You To Know: You Can't Fool The Court
Federal judges regularly sit on panels at conferences and similar events, sharing their best practices and most valuable pieces of advice with patent lawyers and others in the room. In the first installment of a two-part series, Law360 has pulled together advice over the last few years that remains as relevant as ever.
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February 10, 2025
Models Say Atlanta Bar Ripped Off Images For Promo Nights
An Atlanta bar was accused Monday of ripping off the likenesses in its ads of five Los Angeles-based models who are represented by a firm that has taken establishments around the country to court on similar Lanham Act claims.
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February 10, 2025
Judge Refuses To Certify '70s Rockers' Royalty Class Action
A Tennessee federal judge on Monday denied class certification in a breach of contract lawsuit by two members of the 1970s pop-rock band Orleans, John Hall and Lance Hoppen, who accused Warner Music Group Corp. and subsidiary Elektra Entertainment of underpaying foreign digital streaming royalties.
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February 10, 2025
Colo. Judge Baffled By Party's Anonymity In Oil Secrets Suit
A Colorado state judge puzzled over how to handle the fact that a key third party in a trade secrets case brought by Anschutz Exploration Corp. has insisted on not revealing their identity to the court, telling the parties at a hearing Monday she wouldn't close a trial just to get around the "very strange" situation.
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February 10, 2025
Fed. Circ. Preserves Corning's Win In Gene Therapy Fight
The Federal Circuit decided Monday to turn down an appeal from a Minnesota-based gene therapy developer that says it was wrongly denied a jury trial in its failed case seeking to add its name to patents issued to Corning Inc.
Expert Analysis
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.