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Intellectual Property
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May 13, 2025
Split PTAB Cites SAS To Reject Samsung Petition
The Patent Trial and Appeal Board will not review whether a real-time interpretation patent for those hard of hearing is invalid after finding that only a quarter of Samsung's challenge could be successful, which isn't worth the full trial mandated by the U.S. Supreme Court.
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May 13, 2025
Cancer Centers Want Fed. Circ. To Rehear Antibody IP Fight
The Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center say the full Federal Circuit should review a decision rejecting Xencor's application for an antibody patent, arguing that the decision wrongly created a new precedent that could be harmful to other patents.
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May 13, 2025
Investment Firm Drops 2 Counts From $70M Client Poach Suit
Connecticut investment firm TJT Capital Group LLC has agreed to drop a Computer Fraud and Abuse Act count and a common-law trade secrets misappropriation claim from a lawsuit accusing a chief compliance officer of taking $70 million in assets under management with him when he left for a new job.
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May 13, 2025
Betting Cos. Feud Over Stay As Discovery Sanctions Loom
A sportsbook technology company being sued by a former collaborator for allegedly stealing trade secrets has asked a Nevada federal court to reject efforts to stay the case as it pursues sanctions against the plaintiff for allegedly withholding key evidence.
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May 13, 2025
Albright Scraps $26M Video Patent Verdict Against Google
U.S. District Judge Alan Albright has overruled a jury's $26 million verdict against Google LLC and its YouTube LLC subsidiary for infringing VideoShare LLC's video sharing patent, finding that as a matter of law "the only reasonable interpretation of the claim language" shows no infringement.
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May 13, 2025
MoFo DQ Sought In IP Case After Perkins Coie Ouster
A software developer pursuing intellectual property claims against another technology company in San Francisco federal court has followed through with its threat to seek removal of Morrison & Foerster LLP after it succeeded in disqualifying Perkins Coie LLP, arguing the firms worked closely together and new counsel is necessary to avoid prejudice.
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May 12, 2025
Fed. Circ. Erases MIT, Broad CRISPR Win In Conception Fight
The Nobel Prize-winning scientists who lost their interference proceeding on a key use of the gene-editing technology CRISPR persuaded the Federal Circuit on Monday to give them another chance, with the court providing clarity on how to analyze conception.
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May 12, 2025
Mariah Carey's $186K Fee Bid Is BigLaw Fantasy, Atty Says
An attorney for two songwriters who unsuccessfully sued Mariah Carey encouraged a California federal judge Monday not to impose the full amount of a nearly $186,000 sanctions bid against him and his clients who had alleged Carey's hit "All I Want for Christmas Is You" was stolen from their song.
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May 12, 2025
Epic Infringed IP For 'Wicked' Star Fortnite Concerts, Jury Told
Epic Games should be made to pay for allegedly infringing a pair of inventors' patent that allowed tens of millions of fans to interact in virtual-world concerts staged in Fortnite involving "Wicked" star Ariana Grande and rapper Travis Scott, a Washington federal jury heard Monday.
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May 12, 2025
UTC Again Seeks To Stave Off Lung Drug Competitor In IP Suit
United Therapeutics Corp. has lodged another challenge trying to block Liquidia Technologies Inc. from selling its own version of the blockbuster lung disease treatment Tyvaso, filing a patent infringement suit in North Carolina federal court.
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May 12, 2025
Barnes & Noble Faces IP Suit Over E-Commerce Tech
Barnes & Noble has joined a line of retailers facing patent infringement suits from intellectual property licensing company AML IP, with a complaint filed Monday in Texas federal court accusing the bookseller of violating a patent related to technology for electronic methods of processing payments.
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May 12, 2025
Fla. Pharmacy Beats Novo Nordisk Suit Over Ozempic 'Copies'
A Florida federal judge on Monday granted a compounding pharmacy a win in Novo Nordisk Inc.'s suit claiming it violated a state statute by selling "essentially copies" of Novo Nordisk's blockbuster Ozempic and Wegovy weight loss drugs, ruling that the claims are moot, preempted and nonviable.
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May 12, 2025
Anthropic Says Music Cos.' Copyright Claims Still Fail
Artificial intelligence developer Anthropic PBC is urging a California federal judge to dismiss amended copyright claims from a group of music publishers, saying the plaintiffs still have not demonstrated the company knew people were using its large language model to produce song lyrics.
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May 12, 2025
InterDigital Fights Disney's Injunction Bid In Patent Feud
InterDigital has urged a California federal court to reject Disney's request for an injunction, arguing that the company cannot block its Brazilian patent lawsuit because the patents at issue are unrelated to any of the International Telecommunication Union's reasonable and nondiscriminatory obligations.
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May 12, 2025
Zazzle Can't Dodge Copyright Claim Over Fonts, Judge Says
A California federal judge has axed fraud claims in a suit claiming online marketplace Zazzle Inc. profits from stolen intellectual property and fails to fairly compensate design owners, but said it couldn't dodge a copyright claim.
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May 12, 2025
HP, Patent Licensing Co. Settle Suit Over Video Coding IP
HP Inc. and a California-based patent licensing company that accused the IT giant of infringing old Panasonic patents covering picture and moving picture coding and decoding methods agreed to end their dispute, according to a joint motion filed in Texas federal court.
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May 12, 2025
Wheelchair Restraint Co. Says Fla. Rival Misled Customers
An Ohio wheelchair restraint company accused a Florida competitor of false advertising, saying in a bench trial Monday in Florida federal court that it was damaged after the rival distributed a flyer telling dealers its products were the only ones that were federally approved for use in motor vehicles.
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May 12, 2025
Music Labels Ask Justices To Uphold ISP's Copyright Liability
The nation's major record labels are urging the U.S. Supreme Court not to take up a petition from an internet service provider asking whether internet service providers can face "massive liability" for user copyright infringement, telling the justices that no circuit split on the question exists.
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May 12, 2025
Chip Co. Urges Stewart To Rethink PTAB Discovery Decision
The U.S. Patent and Trademark Office's acting leader should rethink her decision allowing for discovery in a patent fight over a pair of semiconductor patents, a chipmaker challenging the patents at the Patent Trial and Appeal Board has argued.
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May 12, 2025
DraftKings Hit With Patent Suit Over In-Game Betting
An online gambling company has sued DraftKings in New Jersey federal court, alleging that the sports betting company's feature that allows users to place bets in real time during sporting events directly infringes several of its patents.
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May 12, 2025
Full DC Circ. Won't Review Copyright Denial For AI-Created Art
The D.C. Circuit on Monday denied a computer scientist's request for a three-judge panel rehearing or en banc review of an order that found copyright law protects only human creations, nixing his appeal that attempted to obtain copyright for a two-dimensional artwork made by the computer scientist's artificial intelligence system.
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May 12, 2025
Fed. Circ. Won't Revive Sydnexis Eye Drop Patents
The Federal Circuit on Monday backed a series of Patent Trial and Appeal Board rulings that found claims in a trio of patents owned by Sydnexis Inc. relating to ways to treat nearsightedness were invalid.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Ugg Maker Hits Costco, CVS, Others With Wave Of IP Suits
The maker of Ugg footwear has fired off a series of fresh trade dress infringement lawsuits against Costco Wholesale Corp., CVS Pharmacy Inc. and other online retailers in California federal court in its latest offensive push to protect its signature shearling footwear designs.
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May 12, 2025
Attys Say Avvo Scraped Bar Data To Sell Marketing Services
A new class action filed Friday in Washington federal court accuses online legal service provider Avvo Inc. of misappropriating the identities of over 1 million attorneys to promote its legal marketing tools and referral services.
Expert Analysis
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.