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Intellectual Property
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March 19, 2024
2 Men Behind Chinese Co. Stole Tesla Trade Secrets, Feds Say
Brooklyn federal prosecutors have charged a Canadian man residing in China and his Chinese business partner with scheming to sell secret battery manufacturing technology that belongs to Tesla, the U.S. Department of Justice announced Tuesday.
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March 19, 2024
Copyright Office Prevails In British Sculptor's Challenge
The U.S. Copyright Office was within its rights to refuse registration to an artist after finding that his sculpture "lacks the necessary level of creativity to warrant copyright protection," a D.C. federal judge ruled Monday, finding that the Copyright Office didn't err in its analysis of the sculpture.
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March 19, 2024
Schumer Scolds McConnell For Judge-Shopping Policy Rebuff
Senate Majority Leader Chuck Schumer on Tuesday lauded the Judicial Conference's updated policy on random case assignments to prevent litigants from judge-shopping, saying that Senate Minority Leader Mitch McConnell is pushing back against the policy since it'd make it tough for hard-right partisans "to hijack our courts for their purposes."
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March 19, 2024
USPTO Stresses Clarity On Means-Plus-Function Patents
The U.S. Patent and Trademark Office told patent examiners Tuesday to provide "consistent and clear analyses" when evaluating patent applications containing so-called means-plus-function claims, saying that will ensure any issues are addressed early in the process.
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March 19, 2024
Fed. Circ. Backs PTAB Invalidation Of Sisvel Wireless Patent
The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision that found many claims in a Sisvel patent on improving the efficiency of LTE wireless networks for cellphones were invalid as obvious.
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March 19, 2024
Acorda Says Tribunal Ignored Patent Law In MS Drug Feud
Acorda Pharmaceuticals is pressing the Federal Circuit to award it nearly $66 million more than the $16.5 million it won in arbitration against Irish biopharmaceutical company Alkermes in a licensing fight over a multiple sclerosis drug, arguing that the tribunal disregarded clear patent law.
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March 19, 2024
Reddit Reveals Patent Complaint From Nokia As IPO Nears
Reddit Inc. on Tuesday said it received a letter from Nokia Corp. alleging that it has infringed certain Nokia patents, a disclosure that comes just ahead of the social media platform's long-anticipated initial public offering.
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March 19, 2024
Netflix Can't Get PTAB To Ax Patent Amid Ownership Dispute
A board of administrative patent judges has decided to shut down its review of a data communications network patent that a Finnish businessman claimed to own, after a federal court in California ruled earlier this year that he had transferred the patent nearly two decades ago to a startup that eventually went bankrupt.
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March 19, 2024
Law Firm Hit With Suit Over Abandoned Patent Application
A Louisiana-based medical software company has sued a law firm that was hired to help it with an application for a patent for its platform, saying the firm's alleged negligence led to the application being abandoned.
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March 19, 2024
Full 4th Circ. Won't Hear Record Labels' Piracy Fight With ISP
The Fourth Circuit will not reconsider its decision to vacate a $1 billion verdict against Cox Communications for allowing piracy on its networks, it said Tuesday, despite neither side being happy with its ruling.
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March 19, 2024
NY Times Says Microsoft's AI 'Free-Riding' Threatens Revenue
The New York Times blasted Microsoft's contention that the paper hasn't provided "real-world" examples of ChatGPT lifting its content, contending Monday its complaint references "widely-publicized" occurrences of infringement and that Microsoft and OpenAI's actions reduce the publication's revenue by keeping users within the tech companies' search ecosystem.
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March 19, 2024
US Chamber Report Details Digital Trade 'Peril' For USTR
Digital trade is growing faster than the U.S. economy overall and supporting approximately 3 million jobs, but the sector is in "peril" due to the Biden administration's e-commerce policy reticence, says a new U.S. Chamber of Commerce report.
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March 20, 2024
Future Of Judge-Shopping Reform Hazy After Rule Proposal
The policymaking body for U.S. courts provoked a stir last week when it proposed a rule designed to curb "judge shopping," with observers saying that the policy does address one type of the practice but that it remains to be seen if individual federal district courts will be willing to adopt even that limited reform.
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March 19, 2024
Amazon Prevails In University's Patent Suit Over Alexa
A New York federal judge has cleared Amazon in a case where a research university said its language processing patent was being infringed by the company's Alexa devices.
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March 19, 2024
Insurer Meets 6th Circ. Resistance In Bid To Undo Amway Win
Sixth Circuit judges appeared skeptical Tuesday of an AIG unit's argument that it shouldn't have to defend and indemnify Amway Corp. in copyright litigation, with one judge saying he doubted Amway's self-insured policies should take priority over an AIG internet policy.
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March 19, 2024
J&J Says Former Exec Stole Thousands Of Files In Move To Pfizer
Johnson & Johnson has sued a former competitive strategy director in New Jersey federal court, claiming he illegally downloaded thousands of confidential files on his way out the door to work for direct competitor Pfizer.
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March 19, 2024
Jackpocket App Co. Leaves 2nd Circ. Empty-Handed
A lottery startup called Jackpocket Inc. that DraftKings Inc. bought last month has failed to persuade the Second Circuit to disturb a ruling out of a New York federal court that rejected its trademark case against a newer U.K. rival that operates a website called Jackpot.com.
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March 19, 2024
Warhol Foundation Will Pay $22K To End 'Orange Prince' Row
The Andy Warhol Foundation for the Visual Arts has agreed to pay photographer Lynn Goldsmith about $21,500 to settle a dispute that reached the U.S. Supreme Court last year, with the justices holding in a landmark ruling that Warhol's silkscreens of music icon Prince, based on a Goldsmith photo, were not fair use.
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March 19, 2024
4 Things To Watch In Reddit's Coming IPO
Social media platform Reddit Inc. aims to go public this week in a potentially landmark initial public offering that carries distinct risks but, if successful, could energize the broader IPO pipeline. Here, Law360 walks through four things to watch in Reddit's upcoming IPO.
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March 18, 2024
Patent Suit Over AstraZeneca's Tagrisso Heads To Jury
A Delaware federal judge said Monday that there are too many "genuine factual disputes" to end a lawsuit from a Pfizer brand claiming it developed a cancer treatment that's being infringed by a drug that has racked up billions in sales for rival AstraZeneca.
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March 18, 2024
Fed. Circ. Won't Block Intel License Defense In Calif. Case
The Federal Circuit on Monday refused to undo a California judge's order letting Intel argue that it has a license to VLSI's microchip patents in cases with billions of dollars at stake, ruling that VLSI hadn't shown that the appeals court should step in.
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March 18, 2024
2nd Circ. Rejects 'New Standard' Of Patent Monopolies
A Second Circuit panel on Monday revived antitrust allegations accusing Novartis of concealing the true history of an eye syringe treatment's development from the U.S. Patent and Trademark Office to edge Regeneron out of the market, faulting a district court for holding that antitrust markets can't be "coextensive" with the patent.
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March 18, 2024
Corteva Wants Jury Trial In FTC Pesticides Case
Corteva has demanded a jury trial for the Federal Trade Commission's case in North Carolina federal court accusing Corteva and Syngenta of blocking competition from generic pesticides through rebate programs.
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March 18, 2024
Fed. Circ. Won't Order Albright To Ship Apple IP Case To Calif.
The Federal Circuit on Monday denied an appeal from Apple Inc. of a decision denying its bid to move an infringement suit over authentication and fraud reduction patents from Texas federal court to California.
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March 18, 2024
The Biggest Trade Secrets Awards In The Last 5 Years
Trade secrets cases are having a moment in the spotlight, thanks to some gargantuan damages awards over the past five years and more flexibility for plaintiffs to argue for what they think they are owed.
Expert Analysis
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Opinion
Patent Waiver For COVID Meds Would Harm US Biopharma
If the Biden administration backs the World Trade Organization in waiving patent rights on COVID-19 treatments, it would negatively affect the U.S. biopharmaceutical industry and help foreign competitors, without necessarily expanding global access to COVID-19 care, says clinical pathologist Wolfgang Klietmann.
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NCAA's Antitrust Litigation History Offers Clues For NIL Case
Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.
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Key Considerations For Evaluating An AI Vendor
As artificial intelligence technology advances across industries, businesses can mitigate risks, while maximizing the value of their investment, by evaluating technology, expertise, support services, transparency and more when selecting an AI vendor, say Rahul Kapoor and Shokoh Yaghoubi at Morgan Lewis.
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Exploring The Foreign Discovery Trend In Delaware
Despite a U.S. Supreme Court decision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss.
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SAG-AFTRA Contract Is A Landmark For AI And IP Interplay
SAG-AFTRA's recently ratified contract with the Alliance of Motion Picture and Television Producers introduced a framework to safeguard performers' intellectual property rights and set the stage for future discussions on how those rights interact with artificial intelligence — which should put entertainment businesses on alert for compliance, says Evynne Grover at QBE.
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Googling Prospective Jurors Is Usually A Fool's Errand
Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.
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A Look Into How Jurors Reach High Damages Awards
In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.
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What To Know About WDTX Standing Order For Patent Cases
Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.
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10 Lessons From A Deep Dive Into IP Damages
Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.
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Managing Competing Priorities In Witness Preparation
There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Expediting Psychedelics Approvals In The EU, UK, Australia
Accelerated pathways for regulatory approvals for psychedelic drugs in the European Union, U.K. and Australia is indispensable to facilitate a seamless advancement of treatments from the research environment to the consumer, say Kimberly Chew at Husch Blackwell, and Ana Dukic and Sabrina Ramkellawan at AxialBridge.
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Opinion
Gilead Ruling Signals That Innovating Can Lead To Liability
A California appeals court's ruling last month in Gilead Life Sciences v. Superior Court of San Francisco that a drug manufacturer can be held liable for delaying the introduction of an improved version of its medication raises concerns about the chilling effects that expansive product liability claims may have on innovation, says Gary Myers at the University of Missouri School of Law.
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Understanding And Working With The Millennials On Your Jury
Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.