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Intellectual Property
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March 07, 2024
Nokia Owes Would-Be Tech Partner $23M Over Oral Deal
Nokia Solutions and Networks Oy owes telecom company Collision Communications $23 million after reneging on an oral contract to license noise-filtering technology, a New Hampshire federal jury found Wednesday.
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March 07, 2024
Caliber Says Ex-Exec's Terms With Predecessor Still Apply
Caliber Home Loans Inc. has urged a Dallas federal court to reject a former executive's bid to trim a lawsuit accusing him of raiding the company's workforce when he defected for a competitor, arguing that a contract breach claim still stands even though he worked for a predecessor when he signed the contract at issue.
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March 07, 2024
'Hatchet Wielding' Killer Has No Part In Netflix Suit, Court Told
A Kentucky man who accused Netflix of wrongfully using his image in a true-crime documentary titled "The Hatchet Wielding Hitchhiker" has asked a Texas federal judge to keep the real hatchet-wielding hitchhiker out of his lawsuit, saying the convicted murderer has nothing to do with his litigation against the streaming giant.
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March 07, 2024
IP Forecast: 2nd Circ. To Consider Whether Seltzer Is Beer
The Modelo brand will head to the Second Circuit next week to argue that a Manhattan jury erred when it found that Corona's flavored seltzer is just about the same as beer in light of a contract that the companies entered. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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March 07, 2024
Penn State Suit Sets Off Debate Over Trademarks' Function
The Pennsylvania State University and sports apparel retailer Vintage Brand are locked in a legal battle that could force courts to reexamine how trademarks function in merchandise licensing and potentially make it harder to prevail on counterfeiting claims, according to attorneys.
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March 07, 2024
Nike, Others Score Win In 'Ballin' Campaign TM Suit
A Texas federal judge has officially thrown out a graphic designer's trademark infringement suit against companies like Nike Inc., agreeing with a magistrate judge's decision that found his use of the mark "ballin" was minor.
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March 07, 2024
US Soldier Charged With Selling Military Secrets To China
A U.S. Army intelligence analyst with the rank of sergeant sold an array of sensitive and classified military secrets to China in exchange for $42,000, according to a Tennessee grand jury indictment unsealed on Thursday.
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March 07, 2024
Mixed Feelings On AI At Cyberinsurance Symposium
Panelists at the Professional Liability Underwriting Society's cyber symposium in New York City on Tuesday and Wednesday were both excited and scared about generative artificial intelligence, acknowledging that it may be used in more complicated cyberattacks yet curious about the possibility the new market could bring.
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March 07, 2024
Full Fed. Circ. Denies Intel's Bid To Escape $1.5B VLSI Retrial
The Federal Circuit on Thursday stood by a panel's holding that Intel infringed a VLSI Technology computer chip patent, meaning the tech giant must face a trial to recalculate the $1.5 billion verdict originally issued by a Texas federal jury.
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March 07, 2024
Crypto Founder's Extortion Suit Fails Yet Again
The founder of a cryptocurrency token company cannot bring racketeering and trade secret claims against former consultants he alleges extorted him for millions of dollars and tried to ruin his company's reputation, an Illinois federal judge has ruled.
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March 07, 2024
YouTuber's Fake Bungie Requests Violated DMCA, Judge Says
A Washington federal judge agreed with video game developer Bungie on Wednesday that an online gamer broke the law when he posed as a company employee and reported Bungie fans' YouTube videos as copyright violations.
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March 07, 2024
Fed. Circ. Overrides PTAB In Latest Row Over Cooling Patents
The Federal Circuit on Thursday revived claims in a CoolIT Systems Inc. patent on cooling down electronic devices, the latest event in a wider dispute involving the U.S. Patent and Trademark Office and a computer hardware company.
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March 07, 2024
Fed. Circ. Says IP License May Be Part Of Procurement Deal
The Federal Circuit on Wednesday revived a software developer's claims that the U.S. Food and Drug Administration misappropriated its data, saying the developer had sufficiently alleged it was party to a government contract that allowed lawsuits under the Contract Disputes Act.
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March 07, 2024
Art Requires Human Input, DC Circ. Told In AI Copyright Row
The U.S. Copyright Office has urged the D.C. Circuit to reject an artificial intelligence inventor's argument that work created by machines are eligible for copyright protection, saying the government has a long history of extending that benefit only to human authors.
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March 07, 2024
Voltage Gets Win From ITC Judge In Solar Patent Fight
The U.S. International Trade Commission has found that Shoals Technologies Group failed to meet an important element necessary to continue with its fight against Voltage over a patent relating to solar technology.
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March 07, 2024
Bike Parts Co. Faces Sanctions Threat Over Court Shopping Bid
A Georgia federal judge on Wednesday threatened to sanction a bike parts manufacturer after it attempted to relocate a patent infringement lawsuit to California, an effort the court said was based on "silence and selective speech" about its corporate ties to the Peach State.
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March 07, 2024
Estate, Collector Settle Spat Over 'Blade Runner' Poster Art
The family of a former movie poster artist and a Pennsylvania attorney-turned-art collector have settled a dispute over the original art for a "Blade Runner" poster, with the parties agreeing to sell the art and split the proceeds.
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March 06, 2024
Top Calif. Antitrust Atty Says Criminal Cases On The Horizon
California is poised to start prosecuting criminal antitrust cases under a Golden State law that is "broader" than federal law, a senior assistant attorney general for the California Department of Justice said Wednesday at a San Francisco conference.
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March 06, 2024
Garland On AI Crime, And A Taylor Swift Tune For DOJ
U.S. Attorney General Merrick Garland on Wednesday told a group of lawyers gathered in San Francisco that the U.S. Department of Justice is ramping up its hiring of computer scientists to fight artificial intelligence-driven crime and also revealed which Taylor Swift song he thought should be the department's anthem.
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March 06, 2024
Film Funder Fights 'Severe' Sanction Bid in Malpractice Suit
A media investor accusing a now-defunct Chicago law firm of negligently helping him secure intellectual property rights to develop a television show has argued that an Illinois state court should reject the firm's request for sanctions and dismissal over alleged discovery violations, arguing that the firm is ignoring its own discovery failures in the case.
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March 06, 2024
Ex-Google Software Engineer Stole AI Secrets, Feds Say
A former Google software engineer was arrested Wednesday on accusations he illegally downloaded alleged trade secrets involving machine learning and taking them to startups he was involved with in China, according to the U.S. Department of Justice.
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March 06, 2024
CBP Details Apple Watch Redesign OK In Masimo Patent Row
U.S. Customs and Border Protection has released its January decision finding that redesigned Apple Watches do not infringe Masimo Corp.'s blood oxygen monitor patents, explaining that while the new versions can access the patented feature, doing so requires "significant alteration."
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March 06, 2024
J&J Seeks Exit From Suit Over Stelara Exclusivity
Johnson & Johnson told a Virginia federal court Tuesday it shouldn't have to face a proposed class action claiming it has been trying to stifle competition in the market for the immunosuppressive drug Stelara, saying there was no "scheme" to enforce its patents as the suit alleges.
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March 06, 2024
Sony, ISP File Dueling 4th Circ. Petitions Over $1B Verdict
Cox Communications Inc. has urged the full Fourth Circuit to reconsider a three-judge panel's decision that the internet service provider is liable for willfully contributing to copyright infringement in a lawsuit from music publishers, arguing the panel's conclusion upholding a jury's finding makes the circuit "the most severe" regime in the country.
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March 06, 2024
PTAB Turns Off Dali Antenna Patent In 2 Texas Cases
A pair of rulings from an administrative board has gutted the language in a patent covering antenna technology that had been at issue in a web of dismissed lawsuits in Texas.
Expert Analysis
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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AI May Help Patent Applicants With Functional Claiming
The U.S. Supreme Court recently set what many patent practitioners consider too high a bar for functional claims, but artificial intelligence could alter functionality analysis — conferring predictability that alleviates courts' concerns that practicing the claims requires undue experimentation, say Brian Nolan and Ying-Zi Yang at Mayer Brown.
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How Executives' Deposition Standards Can Differ
The recent Trustees of Purdue University v. Wolfspeed Inc. decision granting a motion on a protective order for a high-level witness shows how courts can vary in the application of the apex doctrine and analysis under Rule 26 of the Federal Rule of Civil Procedure, say Genevieve Halpenny and John Cook at Barclay Damon.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Calif. Right To Repair Law Highlights A Growing Movement
New legislation in California is a comprehensive victory for the "right to repair" movement — signaling that this push for legal reform represents a multifaceted challenge to the status quo not only on the consumer rights front, but also in the fields of copyright, software, antitrust and warranty law, says Courtney Sarnow at Culhane Meadows.
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Lessons For Biosimilar And Biologic Antitrust Litigation
Aaron Marks at Cohen Milstein considers emerging ways in which biosimilar markets differ from traditional small-molecule drug markets, and recommends how pharmaceutical antitrust litigators can account for these market dynamics in biosimilar-delay cases.
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Teach Your Witness About 'Good' And 'Bad' Testimony Words
To ensure honest and accurate testimony in trials and depositions, attorneys must take care to educate their witnesses about the problematic words opposing counsel may use, such as “always” and “must,” and the effective words they can use in response, like “potentially” and “depends,” say Steve Wood and Bill Kanasky at Courtroom Sciences.
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Practice Tips To Help Keep Patent Reissuance Options Open
The Federal Circuit's recent denial of Float'N'Grill's reissue application for a floating grill patent shows that certain best practices, including a clear description of alternative structures and a patentability search, allow for a possible widening of a future patent's scope in a broadening reissue, say attorneys at BCLP.
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Hollywood Labor Negotiations Provide AI Road Map
Sigma Khan at Henein Hutchison uses the recent Hollywood labor strikes — one of the first instances of a mass entertainment industry legal conflict where concerns over artificial intelligence's intrusion into the workspace has become a crucial issue — to analyze how litigation, legislation and contracts can aid in a landscape transformation precipitated by AI.
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Why US Should Help European Efforts To Fix SEP Licensing
The European Commission's proposed reform of standard-essential patent licensing aims to fix a fundamental problem stemming from the asymmetry and obscurity of information about SEPs, and U.S. agencies exploring regulation of foreign regimes should support and improve these efforts, say David McAdams at Duke University and David Katz at WilmerHale.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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When And How Companies Should Build An AI Strategy
Once a company has decided to engage with artificial intelligence, there are myriad steps that need to be taken, beginning with the creation of an AI leadership team that has deep knowledge about the company's business risks and is highly respected by senior management, say Judith Rinearson and Corey Bieber at K&L Gates.
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Opinion
Forging A Fair Path For Standard-Essential Patents In India
The Delhi High Court's standard-essential patents decision in Intex v. Ericsson has the potential to derail important progress for India's technology industry, so Indian regulators and courts should be developing an SEP licensing ecosystem that inspires and protects innovation, say Brian Scarpelli and Priya Nair at ACT.
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How 2nd Circ. Clarified A Key Right Of Publicity Claim Issue
Mark Baghdassarian and Shannon Hedvat at Kramer Levin provide an overview of state law right of publicity claims, the federal Copyright Act, and how the two intersect in the Federal Circuit's finding in Melendez v. Sirius that the federal law preempts the state claims in cases like these.
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Workplace Tips For Avoiding Headline-Making AI Blunders
Recent news stories highlighting the challenges of unchecked generative artificial intelligence use in the workplace provide lessons on minimizing the risks surrounding confidentiality, bias and hallucinations, say Megan Silverman and Vivek Khanwalkar at QuisLex.