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Intellectual Property
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February 25, 2025
DC Judge Blocks Trump's Federal Funding Freeze
A D.C. federal judge on Tuesday issued a preliminary injunction blocking the Trump administration from implementing a federal spending freeze while a group of nonprofits challenge the freeze, calling the measure "ill-conceived from the beginning."
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February 25, 2025
Pa. Biotech Co. Can't Escape $4M Trade Secrets Award
A Delaware vice chancellor declined Monday to nix a nearly $4 million arbitral award issued to Finnish company UPM-Kymmene Corp. in a long-running trade secrets dispute, ruling that a link between the arbitrator and the Finnish company's counsel at DLA Piper was "at most, an attenuated connection."
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February 25, 2025
Netflix Show Has 'Nothing To Do With Pepperdine,' Judge Told
Netflix and Warner Bros. Entertainment Inc. urged a California federal judge on Tuesday not to block the impending release of their new series "Running Point" amid trademark claims from Pepperdine University, saying the show has "nothing to do" with the college or its athletic teams.
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February 25, 2025
Sens. Reintroduce Measure To Boost Patent Injunctions
A pair of senators moved Tuesday to reintroduce legislation that would make it easier to obtain patent injunctions, after the bill got a divided reaction at a Senate hearing when it was proposed last session.
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February 25, 2025
Judge Sends Koons 'Made In Heaven' IP Fight To The Afterlife
A New York federal court on Tuesday dismissed a copyright infringement case against artist Jeff Koons, saying the dispute — featuring a snake sculpture, an Italian porn star turned parliamentarian and a messy divorce — was brought too late.
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February 25, 2025
9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit
The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.
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February 25, 2025
Newman Says Fed. Circ. Doctors Undermine Suspension Case
Federal Circuit Judge Pauline Newman has said the court's other judges have undermined their claims about why they suspended her, by retaining experts who questioned reports from her own doctors finding her fit to serve as a judge.
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February 25, 2025
HBO Escapes 'FBoy Island' Copyright Case
A Southern District of New York judge has decided that the canceled HBO reality TV show "FBoy Island" is not "substantially similar" to a reality show pitch that was shopped around by a producer who followed up his pitch with a copyright lawsuit.
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February 25, 2025
5th Circ. Declines Real Estate Co.'s Injunction Bid In TM Feud
A panel of Fifth Circuit judges has sided with a lower court's decision that Rampart Resources Inc. should not get a preliminary injunction against rival real estate company Rampart/Wurth Holding Inc.
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February 25, 2025
State Telecom Roundup: AI On Everyone's Minds
It's been just over two years since artificial intelligence burst onto the scene in a big way with the launch of ChatGPT. After billions upon billions of dollars in investment, AI tools can be found everywhere from the Apple App Store to social media platforms to clothing websites.
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February 25, 2025
Warner Bros. Can't Nix 'ER' Ripoff Suit Over 'The Pitt'
Warner Bros. Television can't nix a contract breach lawsuit filed by the estate of "ER" creator Michael Crichton alleging the media company's medical drama, "The Pitt," is an unauthorized reboot of "ER," after a California judge ruled the plaintiffs' evidence shows, on its face, WB's show is derived from "ER."
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February 25, 2025
Judge Lets RJ Reynolds, Altria Seal Docs From Juul Deal
A federal judge in North Carolina on Tuesday granted requests by tobacco giant R.J. Reynolds Vapor Co. and rival Philip Morris' parent company to seal documents in their ongoing royalty dispute, keeping details of their licensing agreements with the vape brand JUUL confidential.
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February 25, 2025
J&J Says Samsung Is Breaking Deal Over Stelara Biosimilar
Johnson & Johnson and Janssen Biotech have launched a breach of contract suit against Samsung Bioepis over their agreement to let Samsung launch a biosimilar version of J&J's blockbuster biologic Stelara before all patents expire, accusing the company of violating the provision against assigning or sublicensing the patent rights to other parties.
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February 25, 2025
Insulet May Face Choice: $452M Award Or Stifling Rival
A Boston federal judge on Tuesday suggested that a medical device maker could have to choose between portions of its nine-figure trade secrets verdict it won against a rival or its request for a court order to permanently block sales of products based on the stolen technologies.
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February 25, 2025
Former Banner Witcoff Name Partner Dies At 99
A retired name partner of intellectual property boutique Banner Witcoff has died at the age of 99, the firm announced Monday, saying he will be remembered as a pioneering IP attorney and a thoughtful colleague and mentor.
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February 25, 2025
Patent Exec Says Starbucks Is Liable For Atty's Statements
A patent-licensing company executive pushed back on Starbucks Corp.'s attempt to exit his defamation lawsuit over statements from counsel for Starbucks, arguing the Florida federal court has jurisdiction partly because the executive lives in the district.
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February 25, 2025
Insurers Owe Chubb $3.3M For Safelite Defense Costs
Two insurers must contribute $1.65 million each toward costs a Chubb unit incurred defending windshield repair company Safelite against a competitor's suit, an Ohio federal court ruled, finding the pair were not prejudiced by breaches of their policies' notice and voluntary payment provisions.
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February 24, 2025
Natera's $96M DNA Test Verdict Scrapped, Patents Axed
A Delaware federal judge Monday threw out Natera's $96 million patent infringement verdict against CareDx after determining that the asserted claims in its patents related to DNA tests for organ transplant recipients are invalid.
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February 24, 2025
Fed. Circ. Shouldn't Assume Doctors Read Labels, Profs Say
The Federal Circuit has been reviewing whether generic-drug companies induce infringement of their limited-use drugs based on a misunderstanding of how prescribing physicians do their job, law professors from Illinois and Pennsylvania have argued in a new paper.
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February 24, 2025
Patent Eligibility Appeals 'Will Not Go Away,' Justices Told
Another plea to hear a patent eligibility case has been lodged at the U.S. Supreme Court, this time in an amicus brief from the owner of two invalidated patents covering medical machinery that warned "the problem will not go away. The problem will get worse and worse."
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February 24, 2025
Justices Told Illinois High Court Should Weigh Tire IP Dispute
Atturo Tire Corp. has asked the U.S. Supreme Court to have the top court in Illinois address whether the Federal Circuit wrongly discarded a $10 million award against Toyo Tire Corp. for interfering with Atturo's business through patent settlements with other companies.
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February 24, 2025
'Yellowjackets' Makers Omit Overlaps With Film, Court Told
Showtime, Lions Gate Entertainment Corp. and the makers of the TV show "Yellowjackets" use "self-serving descriptions" and "omit similarities" between the show and the 2015 film "Eden" in their bid to toss a suit alleging the hit series ripped off the movie, the filmmakers told a California federal court judge on Monday.
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February 24, 2025
DC Circ. To Hear Judge Newman's Appeal In April
The D.C. Circuit has set a date in April to hear an appeal from Federal Circuit Judge Pauline Newman, who is fighting her suspension from the bench for refusing to undergo medical tests.
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February 24, 2025
Bezos Satellite Co. Seeks To Block His Paper In Docs Dispute
A satellite facility launched by Jeff Bezos' Amazon wants a preliminary injunction to partially block Washington state's labor department from releasing records to the Bezos-owned Washington Post, arguing that the photos and documents are exempt under the state's public records law because they would expose sensitive trade secrets.
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February 24, 2025
Charter Communications Keeps Trade Secrets Suit In Conn.
A Charter Communications Inc. trade secrets lawsuit against a former Colorado-based vice president will remain in Connecticut, a federal judge ruled from the bench on Monday, greenlighting the company's request for a preliminary injunction in its home state.
Expert Analysis
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Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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What Fed. Circ. Ruling Means For Patent Case Dismissals
The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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Declaring Unexpected Results: Pitfalls For Rule 132 At PTAB
Rule 132 declarations are frequently used in life sciences patent prosecution for rebutting obviousness rejections by establishing that an applicant's invention produces unexpected results, and the Patent Trial and Appeal Board's Eidschun ruling highlights when this important tool may be ineffective, say attorneys at Morrison Foerster.
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
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Dissecting The Obviousness-Type Double Patenting Debate
The Federal Circuit's recent decision in Allergan v. MSN highlights the ongoing evolution of the obviousness-type double patenting doctrine, revealing increasing tension between expiration-based interpretations and procedural flexibility, says Jeremy Lowe at Leydig Voit.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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9th Circ.'s High Bar May Limit Keyword Confusion TM Claims
A recent Ninth Circuit ruling that a law firm did not infringe upon a competitor’s trademarks by paying Google to promote its website when users searched for the rival’s name signals that plaintiffs likely can no longer win infringement suits by claiming competitive keyword advertising confuses internet-savvy consumers, say attorneys at Mitchell Silberberg.
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Trump Patent Policy May Be Headed In Unexpected Direction
While commentators have assumed that the patent policy of President-elect Donald Trump's second administration will largely mirror the pro-patent policy of his first, these predictions fail to take into account the likely oversized influence of Elon Musk, says Jorge Contreras at the University of Utah.
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Best Practices For Influencer Trademark Protection
Though the Trademark Trial and Appeal Board recently decided that an influencer couldn't qualify for a retail services trademark registration for posting affiliate links to a third-party website, there are other trademark protections that influencers can pursue for their branding and marketing services, say attorneys at Nixon Peabody.
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What Trump's Next Term May Mean For Biz Immigration
Leonard D'Arrigo at Harris Beach discusses the employment-based immigration policies businesses can potentially expect during President-elect Donald Trump’s second term, based on policies enacted during his first administration, statements made during his campaign and proposals in Project 2025.
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Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons
As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.