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Technology
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May 19, 2025
USPTO Seeks Input On Guidelines For Fighting Online Fakes
The U.S. Patent and Trademark Office published a notice in the Federal Register on Monday requesting comments from intellectual property rights holders, online marketplaces and others on draft guidelines to combat the illicit trade and sale of counterfeit goods on the internet.
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May 19, 2025
Latham, A&O Shearman Guide $3B AI Manufacturing Deal
Latham & Watkins LLP and Allen Overy Shearman Sterling advised AMD on a $3 billion deal to sell its ZT Systems data center infrastructure manufacturing business to U.S.-based Sanmina in an agreement to expand domestic production for AMD's artificial intelligence offerings.
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May 16, 2025
Anthropic's AI-Hallucinated Errors Taint Filing, Publishers Say
Music publishers suing Anthropic for copyright infringement accused the artificial intelligence company on Friday of downplaying the seriousness of errors in a filing caused by Anthropic's own Claude AI tool, saying the company's counsel violated a judge's standing order and arguing that the filing at issue should be tossed.
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May 16, 2025
New PTAB Discretionary Denial Era Starts With First 4 Rulings
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart on Friday denied two petitions challenging patents due to upcoming trials but said two others do not warrant denial, in the first orders under a new process whereby she will make all discretionary denial decisions.
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May 16, 2025
IPO Pipeline Restarts As Tariff-Related Volatility Eases
Initial public offerings are showing life again after a tariff-induced slumber, buoyed by strong debuts and a growing pipeline as more venture-backed technology startups are lining up public listings before Memorial Day and into June.
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May 16, 2025
FCC Taking Steps To Expand Use Of 12 GHz, 42 GHz Bands
When the Federal Communications Commission gets together Thursday for their next monthly open meeting, they plan to get the ball rolling on a rulemaking to figure out ways the 12.7 GHz and 42 GHz bands "could be used more intensively by satellite communications."
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May 16, 2025
J&J Unit Hit With $147M Verdict In Catheter Antitrust Suit
A California federal jury found Friday that Johnson & Johnson's medical technology unit Biosense Webster violated federal and state antitrust laws by withholding clinical support to hospitals using third-party reprocessed catheters, awarding plaintiff Innovative Health more than $147 million in damages.
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May 16, 2025
Epic Tells Jury Fortnite Concerts Weren't Patent Infringement
Epic Games urged a Seattle jury on Friday to reject allegations that it committed patent infringement when it staged interactive concerts in the Fortnite virtual world starring pop artist Ariana Grande and rapper Travis Scott, contending the accuser has mischaracterized the technology used in the events.
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May 16, 2025
Coinbase Users Sue Over Bribery-Linked Data Breach
Crypto exchange Coinbase faces a wave of lawsuits from users accusing it of negligent information security practices after the exchange disclosed that an unknown perpetrator had stolen customer data by bribing overseas workers.
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May 16, 2025
Tesla Tells Justices Challenge To La. Sale Ban Should Stand
Tesla Inc. has asked the U.S. Supreme Court to reject a petition from Louisiana regulators seeking review of its case targeting the state's ban on direct sales by automakers, saying the regulators are in fact competitors who view Tesla's business model as an existential threat.
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May 16, 2025
Fed. Circ. Backs Apple PTAB Win Over Location-Tracking IP
The Federal Circuit has backed a series of Patent Trial and Appeal Board decisions that found a trio of beacon technology patents were invalid, handing a win to challenger Apple.
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May 16, 2025
FCC Aims To Push China Out Of Telecom Certification Process
The Federal Communications Commission has announced its plan to ban Chinese test labs and telecommunications certification bodies from being used on devices destined for the United States, and industry stakeholders have opinions on whether they think that's a good idea.
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May 16, 2025
Fed. Circ. Makes Apple Face Fintiv Payment IP Again
The Federal Circuit revived Fintiv Inc.'s infringement suit against Apple Inc. over contactless payments Friday, saying the Texas federal judge who freed Apple viewed what evidence is acceptable too narrowly.
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May 16, 2025
RI City Outlaws Rent-Fixing As Feds Consider Ban On AI Regs
Providence, Rhode Island, joined the growing list of cities nationwide that have banned landlords from using algorithmic price-fixing technology for setting residential rents, saying that software sold by RealPage and similar companies is exacerbating an affordability crisis.
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May 16, 2025
Accused Fox Video Hacker's Attys Slammed For Fake Citations
A Florida federal judge has ordered an alleged Fox News video hacker's dismissal motion stricken from the record after finding it was full of fake legal citations and demanded an explanation from defense attorneys for the "unprofessional misrepresentations."
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May 16, 2025
Food Delivery App's $80M Investor Settlement Gets Final OK
Investors suing mobile food delivery and ride-hailing services operator Grab Holdings Ltd. have received final approval of an $80 million deal settling claims that several sections of a proxy statement Grab filed with a special purpose acquisition company were false and misleading.
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May 16, 2025
Intuit Strikes $2M Deal To Wrap Up 401(k) Forfeiture Suit
Intuit will pay $2 million to end a proposed class action alleging its use of forfeited 401(k) funds to cover employer contributions rather than plan expenses violated federal benefits law, the former employee leading the suit said Friday in California federal court.
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May 16, 2025
9th Circ. Says Lil Nas X Didn't Steal Model's Instagram Poses
The Ninth Circuit upheld the dismissal of a model's lawsuit accusing Lil Nas X of copying his Instagram photos, ruling Friday that the model didn't plausibly allege the musician had "access" to the pictures, as defined by court doctrine.
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May 16, 2025
Coinbase Users Sue Under Illinois Biometric Privacy Law
Cryptocurrency exchange Coinbase has been sued in Illinois federal court by users who claim its identity verification process flouts Illinois' biometric privacy law, alleging it fails to get written, informed consent before collecting, analyzing and storing biometric data from users' government IDs and photographs.
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May 16, 2025
Illumina Accuses Ex-Workers' Co. Of Infringing Gene Tech IP
Biotechnology giant Illumina Inc. filed a lawsuit Thursday against Element Biosciences in Delaware federal court, accusing the company founded by former Illumina employees of infringing five patents related to automated gene sequencing technology.
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May 16, 2025
Western Digital Agrees To End Patent Suit After $262M Verdict
Data storage giant Western Digital and MR Technologies told a California federal judge Friday they agreed to end a patent dispute that last summer had put Western Digital on the hook for $262.4 million in damages to MR Technologies for infringing patents for increasing storage capacity on disk drives.
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
Colo. Consultancy Says Company Ripped Off AI Tool Name
A business consulting services company sued a software development company in Colorado federal court Thursday for allegedly ripping off the trademarked name for its artificial intelligence "change management" tool for its own AI software solutions.
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May 16, 2025
Judge Blocks Energy Department's Cap On Research Costs
A Boston federal judge blocked a U.S. Department of Energy policy capping research costs, saying the suit was "far from identical" to another case in which the U.S. Supreme Court rejected a challenge to education grant cuts.
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May 16, 2025
Taxation With Representation: Blakes, Davies, Goodmans
In this week's Taxation With Representation, Charter Communications Inc. merges with Cox Communications, Hub International Ltd. boosts its valuation after securing an investment, Pan American Silver Corp. acquires Mag Silver Corp. and Robinhood buys WonderFi.
Expert Analysis
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The Pros And Cons Of A 2nd Trump Term For UK Tech Sector
While U.S. President Donald Trump’s protectionist stance on trade could disrupt global supply chains on which many U.K. tech firms are reliant, anticipated deregulation could provide fertile ground for investment and growth, and the U.K. tech sector is bracing for a mix of opportunities, say lawyers at Shoosmiths.
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Employer Tips For Wise Use Of Workers' Biometrics And Tech
Excerpt from Practical Guidance
Employers that collect employee biometric data and operate bring-your-own-device policies, which respectively offer better corporate security and more flexibility for workers, should prioritize certain best practices to protect the privacy and rights of employees and safeguard sensitive internal information, says Douglas Yang at Sheppard Mullin.
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Expect To Feel Aftershocks Of Chopra's CFPB Shake-Up
Publications released by Consumer Financial Protection Bureau personnel in the last days of the Biden administration outline former Director Rohit Chopra's long-term vision for aggressive state-level enforcement of federal consumer financial laws, opening the doors for states to launch investigations and pursue actions, say attorneys at Hudson Cook.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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How Trump Orders Roll Back Energy Efficiency Mandates
President Donald Trump's first-day executive orders — including a freeze on administrative rules, an order to withdraw the U.S. from the Paris Agreement, and a directive to broaden consumers' appliance choices — have shifted federal policy on energy efficiency, and bring new considerations for companies engaging with the U.S. Department of Energy, say attorneys at HWG.
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What Financial Intermediaries Can Expect From New Admin
Understanding the current regulatory landscape of consumer financial services — and anticipating how it might evolve under Trump 2.0 — is essential for brokers, lead generators and digital platforms, and they should consider strategies for managing regulatory uncertainty, say attorneys at Sheppard Mullin.
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Expect Continued Antitrust Enforcement In Procurement
The scope of federal antitrust enforcement under the second Trump administration remains uncertain, but the Procurement Collusion Strike Force, which collaborates with federal and state agencies to enforce antitrust laws in the government procurement space, is likely to remain active — so contractors must stay vigilant, say attorneys at Ballard Spahr.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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What Banks Need To Know About Trump's Executive Orders
While the numerous executive orders and memos from the last few weeks don't touch on many of the issues the banking industry expected the Trump administration to address, banks still need to pay attention to the flurry of orders from strategic, compliance and operational perspectives, say attorneys at Arnold & Porter.
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CFPB's Message To States Takes On New Weight Under Trump
The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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DeepSeek AI Investigation Could Lead To IP Law Precedents
The investigation by OpenAI and Microsoft into DeepSeek's artificial intelligence model raises interesting legal concerns involving intellectual property and contract law, including potential trade secret appropriation and fair use questions, say Saishruti Mutneja and Raghav Gurbaxani.
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What NHTSA's Autonomous Vehicle Proposal Means For Cos.
The National Highway Traffic Safety Administration's recently proposed framework for review and oversight of vehicles equipped with automated driving systems offers companies a more flexible, streamlined approach to regulatory approvals for AVs, including new exemption pathways, assessments by independent experts and other innovations, say attorneys at Covington.
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Guidance For Cos. Balancing Web Scraping And Privacy
The European Data Protection Board's recent Opinion 28/2024, which clarifies how web scraping can be implemented under the General Data Protection Regulation while respecting data privacy, offers insights for companies navigating this intersection of AI innovation and privacy laws, says Jo Levy at the Norton Law Firm.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.