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Intellectual Property
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January 15, 2025
Maxell Battery Patent Sinks At Federal Circuit
Japanese consumer electronics outfit Maxell on Wednesday failed to persuade Federal Circuit judges to change anything about a patent board ruling that wiped out all the claims in a battery patent asserted in a suit against a Chinese rival.
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January 15, 2025
Acting USPTO Head Corrects Errors In PTAB Samsung Denial
The U.S. Patent and Trademark Office's acting director has found that the Patent Trial and Appeal Board made incorrect statements when it refused to review a display patent challenged by Samsung due to an upcoming Texas trial, but still left the denial intact.
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January 15, 2025
Ex-Pot Co. Director Wants Trade Secrets Claims Tossed
A former operations director for Curaleaf Inc. is asking a Colorado federal court to throw out the company's claims that he breached a confidentiality agreement and shared information with a former business partner.
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January 14, 2025
Abbott, Novartis Settle HIV Test Patent Beef Ahead Of Trial
Abbott Laboratories, Novartis and Grifols have reached a settlement in a yearslong battle over a patent covering a method for replicating DNA, putting to rest the litigation less than a month before it was set to go to trial, according to an entry in Illinois federal court posted Monday.
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January 14, 2025
Judge Needs To Rethink Toddler Tub IP Case, Fed. Circ. Says
A Japanese toy making giant persuaded Federal Circuit judges on Tuesday to revive a dispute over a patent covering a toy tub used by toddlers, with a panel majority deciding a Rhode Island federal judge did not define a claim correctly.
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January 14, 2025
Apple, Shyamalan Stole Indie Film Idea For 'Servant,' Jury Told
Filmmaker M. Night Shyamalan, Apple and other "Hollywood elite" stole from an indie director's movie in order to make a TV show called "Servant" for Apple TV+, a California federal jury heard during opening statements of an $81 million copyright infringement trial.
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January 14, 2025
Justices Told 'Copyrightability' Issues Must Be Left To Judges
The justices have been asked by a defense contractor to wade into a split among circuit courts over "whether questions of copyrightability" should be decided by judges or juries.
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January 14, 2025
Fed. Circ. Judge Asks What's The Rush In Eylea Biosimilar Case
Counsel for Amgen and a Federal Circuit judge got into a back-and-forth Tuesday concerning the pace of an appeal over a denied injunction on Regeneron's biosimilar of Eylea, with the judge wondering why the attorney was so eager to move things along.
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January 14, 2025
DOJ Says Software Co.'s $12.7M Copyright Win Is Sufficient
The U.S. Department of Justice on Tuesday defended a judge's decision to award a software developer $12.7 million after a federal contractor made unauthorized copies of its software, telling the Federal Circuit the award was correctly calculated.
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January 14, 2025
8th Circ. Backs Real Estate Agents' Win In Copyright Case
The Eighth Circuit on Tuesday backed a lower court ruling that let real estate agents off the hook on claims they infringed a home designer's copyrights, agreeing that the inclusion of floor plans in listings of homes he designed were fair use.
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January 14, 2025
Fed. Circ. Judge Chides Attys For Omitting Key Argument
The Federal Circuit's chief judge got frustrated Tuesday when neither party in a dispute over a 3G messaging patent had addressed what she considered to be the analysis' starting point.
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January 14, 2025
NCAA, Big Ten Argue Ex-Players' $50M NIL Suit Too Late
The NCAA and Big Ten Network have asked a Michigan federal judge to toss a proposed class action from football players who are seeking more than $50 million in compensation for their names, images and likenesses, arguing their claims are untimely.
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January 14, 2025
9th Circ. Says Moveable Sculptures Protected By Copyright
A Ninth Circuit panel on Tuesday revived a toy company's copyright infringement case against fashion retailer Aritzia over "kinetic" sculptures that appeared in window displays at its stores, rejecting Aritzia's arguments that the art pieces can't be considered "fixed" under copyright law just because they're manipulable.
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January 14, 2025
SEC Sues Elon Musk Over Late Twitter Buy-Up Disclosure
Elon Musk violated securities laws by failing to timely disclose his initial buy-up of Twitter stock ahead of his $44 billion acquisition of the company, allowing him to purchase shares at artificially low prices, the U.S. Securities and Exchange Commission alleged in a D.C. federal lawsuit filed Tuesday.
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January 14, 2025
Fed. Circ. Says Patent App Becomes Prior Art At Filing Date
When determining if a patent application counts as prior art, parties should look to the date the application was filed, not when it was published, the Federal Circuit held Tuesday in an appeal upholding the invalidation of Lynk Labs' LED patent claims.
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January 14, 2025
Meta Atty Quits IP Case Over Zuckerberg's 'Toxic Masculinity'
An attorney helping defend Meta Platforms in copyright litigation brought by artists who claim their content was used to train the large language model Llama has dropped the tech company as his client, citing Facebook founder Mark Zuckerberg's "descent into toxic masculinity and Neo-Nazi madness" in a LinkedIn post.
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January 14, 2025
Startup Drops Patent Case Against Google Ahead Of Trial
An Oregon startup has agreed to drop its patent infringement case against Google, a month before the dispute was set to go before a jury in Waco, Texas.
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January 14, 2025
USPTO Outlines Vision On AI Work Moving Forward
Federal intellectual property officials say they are finding ways to navigate the world of artificial intelligence by coming up with policies to push for more innovation in the space and make sure its own workforce is up to speed on the technology.
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January 14, 2025
Hytera Asks Justices To Check Whether DTSA Applies Abroad
China-based Hytera Communications Corp. Ltd., which lost a trade secrets trial resulting in a $764 million jury award for Motorola Solutions that has since been reduced, has asked the U.S. Supreme Court to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.
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January 14, 2025
Trade Secret Suit Sends New Zealand Software Co. Into Ch. 15
A New Zealand company that develops actuarial software products supported by artificial intelligence commenced a Chapter 15 bankruptcy case in Delaware Tuesday, saying ongoing trade secrets litigation had harmed its sales and operations.
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January 14, 2025
US Patent Grants Increase In 2024 After 4-Year Downswing
The number of patents granted by the U.S. Patent and Trademark Office ticked upward in 2024 after a four-year slump, while the agency fielded another all-time high number of patent applications, according to a report released Tuesday.
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January 14, 2025
OpenAI Products Not Designed To Evade Paywalls, Judge Told
Lawyers for OpenAI and Microsoft spent Tuesday morning trying to convince a New York federal judge to trim down news organizations' copyright infringement cases against them, saying large language models aren't designed to spit out entire articles so that readers can avoid paywalls.
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January 14, 2025
Eli Lilly Says Colo. Clinic Selling Deceptive Weight Loss Drug
Eli Lilly & Co. has sued a Denver health clinic for allegedly selling "unapproved and potentially dangerous" drugs marketed to treat type 2 diabetes and obesity, which the pharmaceutical company said could give consumers the false impression that its U.S. Food and Drug Administration-approved medications don't work.
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January 13, 2025
Stanford AI Expert Reamed For Erroneous AI-Generated Brief
A Minnesota federal judge on Friday threw out an erroneous expert declaration prepared by a Stanford University expert on artificial intelligence in litigation over the state's law on deepfakes, finding that the fake, AI-generated sources in his declaration "shatters his credibility with this court."
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January 13, 2025
IPRs Aren't 'Voluntary,' Dish Tells Justices In Fee Fight
Dish Network LLC is kicking up a fight at the U.S. Supreme Court over the question of whether filing petitions at the Patent Trial and Appeal Board is "voluntary" or not, in a bid to get "exceptional" plaintiffs to pay for litigation costs there.
Expert Analysis
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Tips For Revamping Patent Portfolio Strategy In AI Deal Era
Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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2 Years Of Waco: How Patent Case Distribution Has Changed
A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.