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Intellectual Property
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January 10, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen legal services group RBG Holdings face a winding-up petition from founder Ian Rosenblatt amid soured talks about the group's leadership, J.P. Morgan file a fresh claim against WeRealize, retailer Asda face an intellectual property claim over a specific type of mandarin and financier Nathaniel Rothschild sue German entrepreneur Lars Windhorst and his investment vehicle Tennor International. Here, Law360 looks at these and other new claims in the U.K.
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January 09, 2025
Catalyst Settles Patent Fight Against Teva Over Firdapse
Florida-based Catalyst Pharmaceuticals Inc. has reached a settlement with Teva in a patent infringement battle in New Jersey federal court over its U.S. flagship commercial drug that treats a rare autoimmune disease that will provide Teva with a license to market a generic version of the drug in 2035, the company announced Thursday.
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January 09, 2025
IP Forecast: OpenAI, Microsoft Look To Toss NYT Case
OpenAI and its backers at Microsoft will try persuading a New York judge to dismiss one of the major copyright suits against them, with arguments that using news stories to train the startup's artificial intelligence model is a "transformative" use. Here's a spotlight on where that case stands — plus all the other major intellectual property matters on deck in the coming week.
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January 09, 2025
Maryland Judge Trims Oil Refining IP Suit Ahead Of Trial
A Maryland federal judge has determined chemical company W.R. Grace made false statements when publicly comparing its product to competitor G.W. Aru, but left most questions of injury, invalidity and additional infringement for a May trial.
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January 09, 2025
Amazon Loses Bad Faith Claims Against Nokia At ITC
A U.S. International Trade Commission judge has shot down Amazon's arguments that Nokia failed to offer reasonable or nondiscriminatory patent license terms, ruling instead that Amazon was infringing a series of Nokia patents related to video technology.
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January 09, 2025
Vape Laptop Hacking Suit Belongs In Court, Co. Says
A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.
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January 09, 2025
Amgen Says Enbrel Protected By Legit Patents, Rulings
Amgen has asked a Virginia federal judge to permanently toss the latest version of a proposed class action accusing it of illegally entrenching and expanding patent rights to stave off cheaper competition for Enbrel, arguing the blockbuster arthritis treatment is protected by legitimate patents and court rulings of validity.
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January 09, 2025
Inventor Group Warns Of Issa's Return As House IP Panel Chair
Policy outfit US Inventor Inc. has spoken out against the return of Rep. Darrell Issa, R-Calif., to head the U.S. House subcommittee overseeing intellectual property in the new Congress, warning on Thursday Issa's leadership role will have distressing affects on American startups and innovators while benefiting foreign competitors in other countries like China.
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January 09, 2025
Judge Rips Meta's 'Grossly Overbroad' AI Sealing Requests
A California federal judge appeared open Thursday to allowing authors to amend their copyright infringement proposed class action to include allegations Meta nefariously removed copyright disclaimers from tens of millions of books in creating its Llama artificial intelligence product, while criticizing Meta's "grossly overbroad" sealing requests as illegitimate attempts at avoiding bad publicity.
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January 09, 2025
Cancer Org Fails To Get Rival's TM Counterclaims Tossed
A Georgia federal judge said Thursday that the Glioblastoma Foundation Inc. can't yet escape a series of counterclaims filed against it by a rival nonprofit amid a trademark spat, ruling that its defenses in a dismissal bid largely relied on factual issues about whether the rival fraudulently obtained the marks at issue.
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January 09, 2025
Whiskey Maker Says 'Landry' Name Use 'Isn't Just About Me'
The owner of a whiskey company accused of ripping off the name used by a host of hospitality brands owned by Houston billionaire Tilman Fertitta testified that he started his company with the honest belief that the name "Landry" was available for use for liquor sales.
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January 09, 2025
NCAA Insists Player Seeking One More Season Is Out Of Time
A former junior-college basketball player seeking to play one more season is not entitled to do so because he has played the maximum number of seasons allowed, the NCAA told a Mississippi federal court in defense of the eligibility policy the player seeks to upend.
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January 09, 2025
SPEX's Data Security Patent Award Boosted To $553M
A California federal judge has tacked on about $237 million in interest to the $316 million damages verdict SPEX Technologies won after a jury found Western Digital infringed a patent related to hardware encryption technology.
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January 09, 2025
Meta Gets Partial PTAB Win On 2 Electronic Device Patents
The Patent Trial and Appeal Board has found that Meta Platforms Inc. was able to show that some claims in a pair of Eight kHz LLC patents were not valid, but upheld many other claims as part of a larger intellectual property fight between the parties.
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January 09, 2025
Patterson Belknap Brings On IP Litigator From Davis Polk
Patterson Belknap Webb & Tyler LLP's New York office has welcomed a patent litigator, who brings nearly a decade of experience, including most recently as counsel at Davis Polk, as its newest partner.
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January 09, 2025
Trump Campaign Urges Ga. Court To End Isaac Hayes IP Fight
President-elect Donald Trump and his campaign have asked a Georgia federal court to toss copyright claims brought by the estate and heirs of soul music singer Isaac Hayes over the alleged unauthorized use of the 1966 song "Hold On, I'm Comin'" at campaign events.
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January 09, 2025
Beer Sales Rep Can't Show Lasting Harm From Noncompete
A former Boston Beer Co. sales employee challenging a one-year noncompete agreement has failed to show how she will suffer irreparable harm without a preliminary injunction, a Massachusetts federal judge ruled Wednesday, saying any damages are "readily calculable" if she ultimately wins the case.
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January 09, 2025
BakerHostetler Adds 3 Attys In DC, Chicago Offices
A trio of attorneys have moved to BakerHostetler, two of whom work with immigration-related labor and employment matters in Chicago, and another based in the nation's capital, who focuses on trademark and copyrighted intellectual property matters, the firm announced Wednesday.
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January 09, 2025
Rooftop Owner Can't Strike Out Chicago Cubs' Ticket Suit
A rooftop venue owner accused of selling tickets to Chicago Cubs games and other events without a license cannot ditch the lawsuit and redirect its claims to arbitration because he brought the wrong motion to do so, an Illinois federal judge said Tuesday.
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January 09, 2025
Vape Biz Sues Rival For 'Vapestop' TM Infringement
A vape store has accused a rival distributor of copying its branding to take advantage of its better-cemented reputation in the market and steal potential customers away.
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January 08, 2025
Netflix Nixes Another Broadcom Patent Claim Under Alice
A California federal judge on Wednesday granted Netflix a partial win in a patent infringement suit Broadcom lodged against the streaming giant, finding a claim for one remaining patent in the dispute invalid for being directed to a "familiar concept rooted in history" and lacking any inventive concept.
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January 08, 2025
Judge Calls For Trial In Long-Running Suit Against Thryv
A Texas federal judge should hold that YellowPages.com operator Thryv Inc. can't challenge the final claim of Click-to-Call Technologies LP's patent for making anonymous phone calls but stop short of finding infringement, a magistrate judge recommended in the 12-year-old case.
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January 08, 2025
Fed. Circ. Grills USAA On Bid To Revive Patent In $218M Case
The United Services Automobile Association faced a skeptical Federal Circuit panel Wednesday as it argued that an administrative board's invalidation of claims in its check deposit patent, which is part of a $218 million verdict against PNC Bank, conflicted with a prior decision upholding the patent.
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January 08, 2025
Quantitative Trader Accused Of Stealing Firm's Source Code
New York federal prosecutors have accused a quantitative trader of stealing the secrets of a billion-dollar company's source code from his former employer to use at his own trading firm, according to an indictment unsealed Wednesday in New York federal court.
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January 08, 2025
PowerPlan To Pay $24M, Ending Rival's Monopoly Claims
Roper Technologies subsidiary PowerPlan Inc. has agreed to pay $24 million in a settlement with a rival firm formed by former employees who said the utility software giant tried to lock them out of the market by threatening litigation against them and prospective clients.
Expert Analysis
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Top 10 Legal Issues This Year For Transportation Industry GCs
General counsel must carefully consider numerous legal and policy challenges facing the automotive and transportation industry in the year to come, especially while navigating new technologies, regulations and global markets, says Francesco Liberatore at Squire Patton.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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How The UPC, ITC Complement Each Other In Patent Law
Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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Identifying Deepfakes During Evidence Collection, Discovery
Excerpt from Practical Guidance
Attorneys must familiarize themselves with the tools used to create and detect deepfakes — media manipulated by artificial intelligence to convincingly mimic real people and events — as well as best practices for keeping this fabricated evidence out of court, says Bijan Ghom at Saxton & Stump.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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2025 Patent And TM Policy At USPTO: What We Know So Far
This upcoming year at the U.S. Patent and Trademark Office promises a continued focus on artificial intelligence-related policies, as well as initiatives to drive efficiency and modernize standard processes, say attorneys at Knobbe Martens.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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How White Collar Enforcement May Shift In Trump's 2nd Term
After President-elect Donald Trump returns to the White House next month, the administration’s emphasis on immigration laws, drug offenses and violent crime will likely reduce the focus on white collar crime overall, but certain areas within the white collar world may see increased activity, say attorneys at Keker Van Nest.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024's Most Notable FTC Actions Against Dark Patterns And AI
In 2024 the Federal Trade Commission ramped up enforcement actions related to dark patterns, loudly signaling its concern that advertisers will use AI to manipulate consumer habits and its intention to curb businesses' use and marketing of AI to prevent alleged consumer deception, say attorneys at Goodwin.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Trends In Section 101 Motions 6 Years After Berkheimer
A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.