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Intellectual Property
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March 26, 2024
Sony Ducks $500M PlayStation Patent Suit In Del.
A Delaware federal court has sided with Sony in a $500 million patent infringement suit brought by Genuine Enabling Technology LLC over PlayStation consoles, marking a close to the case.
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March 26, 2024
Calif. Atty Tapped To Be RFK Jr.'s Running Mate
Independent presidential candidate Robert F. Kennedy Jr. announced Tuesday that a Silicon Valley lawyer will be his running mate as the pair make a longshot bid for the White House this year.
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March 26, 2024
Abbott Sues Over 3D TM Infringement Of Diabetes Device
Abbott Diabetes has sued several companies for selling a Chinese-made glucose monitoring device with signs that allegedly look "identical" to the ones on its product.
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March 26, 2024
Casino Biz Seeks To Smother Rival's 'Mini Burning Hot' TM
A casino tech company has asked a London court to revoke a competitor's trademark and clear the path for it to extend its "Burning Hot" logo portfolio after the rival company blocked a new application using its purportedly invalid "Mini Burning Hot" sign.
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March 25, 2024
Something In The Way Of Nirvana Logo Trial, Judge Told
Counsel for a former record company employee who claims he created Nirvana's "smiley face" logo urged a California federal judge Monday to let him immediately appeal a ruling denying his ownership claim, and argued the band's copyright suit against designer Marc Jacobs over the logo should be delayed in the meanwhile.
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March 25, 2024
Calif. Judge Sick Of VLSI, Intel Filing Without Permission
A California federal judge has chastised VLSI and Intel for overflowing the court with endless "repetitive and unhelpful" briefs, which they were never authorized to file.
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March 25, 2024
X Corp.'s Suit Against Hate Speech Watchdog Axed For Good
A California federal judge firmly rejected X Corp.'s suit against a hate speech watchdog Monday, slamming the case as an attempt to punish the group for exercising its free speech rights and permanently dismissing X's claims.
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March 25, 2024
Judge Finalizes Ban On Taking $540M IP Fight To China
An Illinois federal judge granted Motorola's request to stop Hytera from pursuing a non-infringement case against it in China, saying Monday that she would also start contempt proceedings in the case.
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March 25, 2024
Amgen Sues Colorado After Drug's 'Unaffordable' Rating
Amgen has sued the Colorado Prescription Drug Affordability Review Board in federal court after receiving a determination that one of its arthritis drugs is "unaffordable," saying the board is using unconstitutionally "unguided discretion" to impose arbitrary price controls on patent-protected drugs.
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March 25, 2024
PacBio CEO's Words Haunt Patent Invalidity Arguments
A California federal judge concluded Monday that statements made by the chief executive officer of biotech company Pacific Biosciences to investors at an earnings call undermined the company's invalidity arguments in a patent suit it's facing.
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March 25, 2024
PTAB Splits On Medtronic Bladder And Bowel Control Patents
The Patent Trial and Appeal Board has issued split decisions that upheld one Medtronic patent covering an electrical stimulation system used to treat loss of bladder and bowel control and trimmed another patent in challenges brought by a smaller rival in the medical device field.
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March 25, 2024
'Blade Server' Patent Co. Scores $18M Waco Verdict
A patent litigation outfit that has been filing suits for more than a decade over "blade server" technology has landed nearly $18 million from a jury in Waco, Texas, against a Taiwanese computer manufacturer that tried to refute the technology's importance by relying on testimony from the inventor of the USB drive.
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March 25, 2024
Berkshire Hathaway Unit's Patent Must Undergo 3 PGRs
The Patent Trial and Appeal Board has instituted three post-grant reviews challenging a single Columbia Insurance Co. fire wall hanger patent, following petitions from Simpson Strong-Tie Company Inc.
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March 25, 2024
Fed. Circ. Dissent Raises Alarm Over IP Safe Harbor Use
A California federal judge rightly dismissed Edwards Lifesciences Corp.'s infringement suit against Meril Life Sciences Pvt. Ltd., the Federal Circuit held Monday, with a dissent arguing such a holding would "create future mischief."
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March 25, 2024
FTC Intervenes In Teva-Amneal Row To Push Patent Delisting
The Federal Trade Commission waded into another patent fight Friday with a New Jersey federal court amicus brief targeting the same Teva Pharmaceuticals asthma inhaler patents it has already included in a roster of over 100 it believes were improperly listed in a key federal database.
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March 25, 2024
InBev's Modelo Loses 2nd Circ. Appeal In Hard Seltzer Fight
The Second Circuit said Monday that a licensing agreement between Anheuser-Busch InBev SA and Constellation Brands was ambiguous about whether hard seltzers are beer, affirming a New York federal judge's order to let jurors decide the question at a trial where Constellation Brands prevailed against claims of trademark infringement.
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March 25, 2024
Jury Hands Mortgage Co. $73K Win In Trade Secrets Fight
An Ohio federal jury has found that Revolution Mortgage owes just over $73,700 to competitor Equity Resources in a case where Equity accused its rival of misappropriation of trade secrets.
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March 25, 2024
Bloomberg Asks To Toss Ex-Gov. Huckabee's AI Class Action
Media company Bloomberg has asked a Manhattan federal judge to dismiss it from a proposed class action led by former Arkansas Gov. Mike Huckabee, arguing that the plaintiffs' complaint lacks specifics detailing how their e-books' copyrights were allegedly infringed to train Bloomberg's large language model.
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March 25, 2024
Ownership Suit Over McCartney, Jagger Recordings Is Tossed
A Pennsylvania federal judge said Monday that no copyright dispute exists between the son of a music producer who recorded interviews with rock icons such as Paul McCartney and Mick Jagger and a man who sold the collection, reasoning that the son had no right to the recordings because they were never registered for copyrights with the federal government.
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March 25, 2024
Pool Co. Objects To Rival Counsel's Exit After $15M Verdict
A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Vidal Vacates Denials Of Challenges To Neo Wireless IP
U.S. Patent and Trademark Office Director Kathi Vidal has thrown out Patent Trial and Appeal Board decisions not to review whether Neo Wireless patents are invalid in challenges brought by Honda and others.
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March 25, 2024
Schuh, Simmi Want To Give Naked Wolfe Designs The Boot
Two U.K. shoe retailers have accused the owner of the Naked Wolfe brand of bringing meritless intellectual property claims against them, because its shoe designs weren't original enough to deserve protection in the first place.
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March 22, 2024
Gilead's Win Upheld In Billion-Dollar HIV Drug Patent Case
A Delaware federal judge on Friday largely upheld a jury's verdict rejecting the government's potentially billion-dollar claim that Gilead Sciences Inc. infringed patents covering HIV drugs, ruling that the jury was correct in finding Gilead didn't cause doctors and patients to infringe.
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March 22, 2024
Jury Says Dexcom Infringed 1 Abbott Patent In Mixed Verdict
A Delaware federal jury decided Friday that Dexcom infringed a glucose monitor patent owned by an Abbott Laboratories unit, cleared it of infringing two others and hung on a fourth, setting up a later damages trial in the latest facet of a globe-spanning legal dispute between the companies.
Expert Analysis
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Transparency And Explainability Are Critical To AI Compliance
Although there is not yet a comprehensive law governing artificial intelligence, regulators have tools to hold businesses accountable, and companies need to focus on ensuring that consumers and key stakeholders understand how their AI systems operate and make decisions, say Chanley Howell and Lauren Hudon at Foley & Lardner.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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How Social Media Can Affect Trial Outcomes
With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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The Scope Of Challenged Claims After Fed. Circ. Sisvel Ruling
Joshua Weisenfeld at Sheppard Mullin considers the Federal Circuit's recent Sisvel v. Sierra decision and its impact on claim construction and post-issuance claim amendments that broaden the scope of challenged claims.
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A Look At Healthcare Timelines Set By Biden's AI Order
President Joe Biden's artificial intelligence executive order establishes standards for using AI in the healthcare industry, including a number of staggered deadlines that should help coordinate a more unified federal approach to AI governance, say attorneys at Holland & Knight.
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Trending At The PTAB: Administrative Procedure
A pair of recent Federal Circuit rulings on Patent Trial and Appeal Board inter partes review shed light on applications of the Administrative Procedure Act, adding to an ever-growing body of case law showing the board's final written decision must be based on arguments clearly put forth by the parties, say Robert High and Benjamin Saidman at Finnegan.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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First-Of-Its-Kind Artist AI Ruling Offers Liability Guidance
A California judge recently became the first federal judge in Andersen v. Stability AI to rule at the pleading stage on a challenge to claims that training artificial intelligence models involves mass-scale copyright infringement, providing insight into the potential legal exposure of AI-enabled products, say attorneys at Fenwick.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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A Look At DOJ's New Nationwide Investment Fraud Approach
Investment fraud charges are increasingly being brought in unlikely venues across the country, and the rationale behind the U.S. Department of Justice's approach could well be the heightened legal standards in connection with prosecuting investment fraud, says Jonathan Porter at Husch Blackwell.
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How Cos. Can Protect Privacy In The Age Of AI
The rapidly developing landscape of generative AI and the related legal and regulatory concerns means that what is compliant today may not be tomorrow, and companies must take a pragmatic approach to compliance that anticipates future legal changes, say attorneys at Goodwin.
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Opinion
USPTO's Changes To Rule 704 Contain Some Inherent Risks
The USPTO's changes to Rule 704 relating to patent term adjustments is fraught with peril not only for the applicant but also personal jeopardy for any attorney who uses this rule, says Allen Hoover at Fitch Even.
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Multiwork Statutory Licenses Offer Models For Generative AI
If courts do not find fair use to be an available defense for training large language models, then statutory licenses set forth in the Copyright Act's satellite and cable sections may provide potential standards for a multiwork, multistakeholder statutory license for generative AI purposes, says Gary Greenstein at Wilson Sonsini.
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7 NIL Considerations For Brand Deals With Student-Athletes
While the constantly changing laws, rules and regulations for name, image and likeness in collegiate athletics are difficult to navigate, the benefits of a brand's successful NIL marketing campaign can outweigh the challenge of traversing this complex framework, say attorneys at Arnold & Porter.