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Intellectual Property
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May 05, 2025
Jimmy Page Accused Of Infringing 'Dazed and Confused'
American songwriter Jake Holmes on Monday hauled Led Zeppelin guitarist Jimmy Page and Warner Chappell Music Inc. into California federal court, accusing them of infringing his rights to the hit "Dazed and Confused" despite agreeing in a 2011 settlement that Holmes created the song and had complete ownership of it.
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May 05, 2025
DC Circ. Has Doubts About Narcolepsy Drug Appeal
The D.C. Circuit is now set to decide whether the U.S. Food and Drug Administration was wrong to declare a rival narcolepsy treatment not the "same drug" as another produced by Jazz Pharmaceuticals Inc., after appearing highly skeptical of the drug company's arguments that it was.
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May 05, 2025
Liquidia Fends Off Indication Challenge In UTC Tyvaso Fight
A D.C. federal court has rejected United Therapeutics Corp.'s challenge to a U.S. Food and Drug Administration decision allowing Liquidia Technologies Inc. to modify a new drug application to include an additional lung disease indication for a drug competing with UTC's blockbuster lung disease drug Tyvaso.
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May 05, 2025
8th Circ. Backs Boehringer's Copyright Win Over Software Co.
The Eighth Circuit upheld a district court's conclusion that Boehringer Ingelheim's veterinary arm and other companies did not infringe the copyrights of software company InfoDeli, saying in an opinion Monday that some elements of the online platforms that InfoDeli built were not entitled to protection.
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May 05, 2025
Animal Toy Co. Can't Stop More Expert Discovery In TM Spat
A Colorado federal judge rejected Kong Co.'s request to reconsider a magistrate judge's decision to let it and the former collaborators it's suing to disclose an additional expert witness, after the animal toy maker accused the defendants destroying evidence of trademark infringement on social media and website accounts.
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May 05, 2025
Traxcell Fights $500K Atty Fee Owed To Verizon At Fed. Circ.
A bankrupt patent-holding company that owes more than $500,000 in attorney fees to Verizon Wireless has told the Federal Circuit that Verizon waited too long after beating its telecommunications patent case to request the fees.
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May 05, 2025
PTAB Says It's Bedtime For Sleep Apnea Patent Claims
Patent board judges have decided to wipe out all the claims in a patent covering a method to treat sleep apnea, which were challenged by a San Diego sleep apnea outfit that says those claims reflect "97 percent" of a patent case over sleep apnea machines in Delaware federal court.
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May 05, 2025
USPTO's AI Head Latest To Leave Agency
The U.S. Patent and Trademark Office's leader for all matters related to artificial intelligence will be departing the agency, according to a source familiar with personnel moves at the agency.
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May 05, 2025
PTAB Judge Wins $125K For Whistleblowing Retaliation
The U.S. Patent and Trademark Office must pay a Patent Trial and Appeal Board judge more than $125,000 to compensate for retaliation he experienced due to speaking out about misconduct, the Merit Systems Protection Board has ruled.
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May 05, 2025
Software Co. Sues After Acquisition Of Allstate's EVB Biz
A software solutions company has sued Allstate Insurance Co. and StanCorp Financial Group Inc. for copyright infringement and breach of contract, telling a California federal court that the insurance giant distributed and reproduced its copyrighted software in violation of a master agreement.
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May 05, 2025
Stewart Revives Vehicle Tracking Patent, But May End IPR
The acting head of the U.S. Patent and Trademark Office has found that the Patent Trial and Appeal Board flubbed its analysis when it invalidated claims in a vehicle tracking technology patent challenged by Verizon Connect in an inter partes review.
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May 05, 2025
Defamation Litigation Roundup: Palin, Fox, Crime Podcasters
In this month's review of ongoing defamation fights, Law360 looks back on developments in two voting technology companies' cases against news organizations that claimed they helped rig the 2020 election.
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May 05, 2025
Albright Transfers 3D Printing Patent Fight To EDTX
An Austin, Texas-based subsidiary of a Chinese 3D printing company failed to persuade U.S. District Judge Alan Albright to hold onto a declaratory judgment action, granting a transfer request by American-Israeli rival Stratasys because the instant case was filed months after Stratasys filed patent infringement litigation in front of another Texas judge.
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May 05, 2025
VLSI Seeks Win In Bid For Patent Office Intel Documents
VLSI Technology has asked a federal judge to order the U.S. Patent and Trademark Office and the U.S. Department of Commerce to produce information the agencies withheld in response to VLSI's request for documents involving its patent litigation foe Intel.
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May 05, 2025
7th Circ. Affirms Funder's Loss In Fraud Suit Against Law Firm
The Seventh Circuit on Friday upheld an Illinois federal court's rulings ending a litigation funder's claims that a law firm illegally dropped the funder to represent a former employee and her competing venture, saying the lower court's detailed orders show it carefully resolved the issue.
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May 05, 2025
Purdue Tells Justices 'Rigid' Fed. Circ. Rule Threatens Patents
Bankrupt OxyContin-maker Purdue Pharma LP wants the U.S. Supreme Court to revive its legal effort to use patent laws to block the release of a competing "crush-resistant" generic painkiller, challenging a Federal Circuit decision that Purdue calls too "rigid."
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May 05, 2025
Novartis, Incyte Settle Drug Royalty Fight On Eve Of Trial
A Manhattan federal judge put off trial on Monday in a five-year quest by Novartis to recover what it says are $500 million in missing royalties from its agreement to commercialize an Incyte compound used to treat blood cancers, with the sides announcing they reached a settlement.
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May 05, 2025
DC Circ. Urged To Revisit Copyright Denial For AI-Created Art
A computer scientist challenging the U.S. Copyright Office's requirement that only humans are eligible to register works has asked the full D.C. Circuit to review a three-judge panel's decision that rejected his arguments for why a two-dimensional artwork created by an artificial intelligence system he invented should be registered.
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May 05, 2025
High Court Won't Consider Reviving $13M Patent Verdict
The U.S. Supreme Court on Monday said it would not review a question of vicarious liability prompted by the Federal Circuit erasing CloudofChange LLC's $13 million infringement trial win over NCR Corp.
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May 05, 2025
Justices Skip Recusal Case Over Fitbit Judge's Google Ties
The U.S. Supreme Court on Monday declined to consider a patent owner's argument that a California federal judge should have recused herself from an infringement suit against Fitbit due to her alleged financial ties to the wearable tech company's parent, Google.
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May 02, 2025
Fed. Circ. Backs Google, Apple Win Over Geolocation IP
The Federal Circuit refused to revive claims in a series of patents relating to the geolocation of mobile devices that patent owner Geoscope Technologies accused Google and Apple of infringing.
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May 02, 2025
Omnitracs Alleges Religious Bias In IP Trial Tainted Outcome
A fleet management company relied on making "improper religious and racial insinuations" to a jury, along with other concerning behavior, in order to beat a rival's infringement claims, the patent owner told a California federal judge.
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May 02, 2025
Fed. Circ. Gives MSN Short Pause For Entresto Appeal
The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.
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May 02, 2025
This Is Real Life, Site Asking To Ax Grand Theft Auto Suit Says
The developer of the "Grand Theft Auto" video game series cannot decide the rules and consequences for players in real life like it does in virtual environments, a website that sells hacks for video games has told a California federal court, urging it to dismiss copyright and trademark claims from Take-Two Interactive Software Inc.
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May 02, 2025
4 Mass. Rulings You May Have Missed In April
Some notable Massachusetts state court decisions in April wrestled with a Staples affiliate's jurisdictional challenge in an employment case, a discovery dispute in the state's greenwashing litigation against Exxon involving McKinsey & Co., and an insurer's effort to be let off the hook for representing a lawyer in a malpractice claim.
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.