Xodus Medical Inc. et al. v. U.S. Surgitech, Inc., No. 1-19-cv-03164 (NDIL Jan. 30, 2026) In a recent decision that may surprise patent drafters and litigators alike, the Northern District of Illinois held that a patent claim using flexible, outcome-oriented language was not invalid for indefiniteness.  In Xodus Medical Inc. et al. v. U.S. Surgitech, Inc., […]

A federal judge dismissed a trademark suit brought by a North Carolina law firm branding itself the “Beer Law Center” against a Colorado firm calling itself “Beer Law HQ”—on jurisdictional grounds. But the case raises a deeper question: when your mark is highly descriptive, how defensible is it really? Meanwhile, Autodesk sued Google over the […]

The Blockbuster brand—once synonymous with Friday night movie rentals—is now fighting a trademark battle against a Mississippi-based animal feed company it says is exploiting the Blockbuster legacy. This is a reminder that brand equity doesn’t disappear just because a company’s original business model did. And third parties will try to capitalize on dormant goodwill. For […]

Recently, in Ex parte Carmody, the PTAB reversed an examiner’s eligibility rejection of an AI patent application, signaling that the USPTO’s updated guidance is creating a clearer path to AI patent protection. At the same time, the Federal Circuit has shown caution about rulings that could render all AI unpatentable. For companies investing heavily in […]

Top Glory Trading Group Inc. and DP Dream Pairs Inc. v. Cole Haan LLC, IPR2025-01395 (P.T.A.B January 12, 2026) A recent decision by United States Patent and Trademark Office (“USPTO”) Director Squires may signal renewed interest in inter partes review (“IPR”) as a vehicle for challenging design patents. On January 12, 2026, the Director issued […]

Independence and objectivity are critical to the credibility of any internal investigation. If stakeholders perceive any bias or undue influence, the investigation’s findings might be compromised, and the company’s reputation could suffer. Ensuring impartiality requires thoughtful planning around who conducts the investigation, appropriate reporting lines within the company, and maintaining confidentiality throughout the process. Best […]

Miller Johnson employment attorneys Rebecca Strauss and Sarah Willey break down the $11.5 million jury verdict against SHRM, yes, the Society for Human Resource Management itself. They walk through the real case facts, explain where things went wrong, and offer takeaways for HR professionals to avoid similar (and costly) mistakes. Tune in to explore how: […]

Sedlik v. Von Drachenberg et al., Case No. 24-3367 (9th Cir. 2026) On January 2, 2026, the Ninth Circuit affirmed a jury verdict finding that tattoo artist Katherine Von Drachenberg (also known as Kat Von D) and her tattoo parlor, High Voltage Tattoo, did not infringe photographer Jeffrey Sedlik’s copyright in an iconic photograph of […]

What should employers know about DOJ enforcement? In this episode, Miller Johnson employment attorney Rebecca Strauss sits down with her colleague, Jennifer McManus, a former federal prosecutor, to discuss what businesses need to know about internal investigations, criminal liability, and civil enforcement trends. Jennifer shares insights from her time with the Department of Justice and explains how private […]

Illinois Tamale Co., Inc. v. LC Trademarks, Inc., 2026 WL 125544 (7th Cir. Jan. 16, 2026) Be vigilant of how the public perceives your trademark, because if the primary significance of your mark has become the generic name of a good, you may lose your trademark. In Illinois Tamale Co., Inc. v. LC Trademarks, Inc, […]