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Technology
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Judge Trims Copyright Case Against Microsoft, OpenAI
A New York federal judge Wednesday kept alive news organizations' direct and contributory copyright infringement claims accusing Microsoft and OpenAI of ripping off their content to train generative artificial intelligence while trimming claims under the Digital Millennium Copyright Act, but giving the plaintiffs a chance to rework their allegations.
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March 26, 2025
Supreme Court Skeptical Of Nixing FCC Subsidy Fund
Conservative justices took aim Wednesday at rising costs in the country's multibillion-dollar phone and broadband subsidy system, questioning whether lawmakers put meaningful limits on the program's growth, but some argued the fund works just like others created by Congress that rely on revenues from industry fees.
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March 26, 2025
Ramey Slams BlackBerry's IP Fee Win As 'Manifest Injustice'
Ramey LLP and its client Silent Communications LLC urged U.S. District Judge Alan Albright Thursday to amend his finding that Ramey is liable for covering BlackBerry's attorney fees, estimated to be nearly $900,000, after filing a patent lawsuit in bad faith, arguing that the judgment is a "manifest injustice."
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March 26, 2025
Apple Cites Amazon Ruling To Toss Web App Antitrust Suit
Apple is hoping the Ninth Circuit will allow it to wash its hands of a proposed antitrust class action accusing it of preventing iPhones from running web-based apps for the same reason the court just refused to revive a consumer antitrust action over Amazon's fulfillment service, according to a recent filing.
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March 26, 2025
3 Firms Guide Nuclear Power Startup's $925M SPAC Merger
Nuclear power developer Terrestrial Energy Inc. plans to go public by merging with special purpose acquisition company HCM II Acquisition Corp. at a $925 million equity value under guidance from three law firms, both parties announced Wednesday.
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March 26, 2025
Conn. Judge Sides With Viks In Deutsche Bank Asset Price Suit
A Connecticut state court judge handed Norwegian billionaire Alexander Vik and his daughter a win in Deutsche Bank AG's suit claiming they harmed the price of assets that were being sold to partially satisfy a $243 million debt, issuing a ruling that limited the claims that the bank could bring in the future.
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March 26, 2025
Women Make Up 13% Of Attys In Front Of The PTAB
Women account for 13% of attorneys appearing in front of the Patent Trial and Appeal Board in post-grant proceedings going back to the board's founding in 2012 despite comprising up to 30% of all patent attorneys, according to a report from the PTAB Bar Association.
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March 26, 2025
Copyright Claims Against Anthropic Over Lyrics Axed For Now
A California federal judge on Wednesday dealt a blow to several music publishers that have accused artificial intelligence company Anthropic of ripping off lyrics in developing its large language model Claude, dismissing some copyright claims less than a day after denying a request to prohibit Anthropic from using their content for training.
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March 26, 2025
Fed. Circ. Affirms Apple PTAB Win Over Location-Tracking IP
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that Apple was able to show numerous claims in a patent covering location-tracking beacons were invalid, handing another win to the tech giant in an intellectual property fight with the patent owner.
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March 26, 2025
Bain Nabs Majority Stake In Italian SaaS Biz In $1.2B Deal
Private equity giant Bain Capital on Wednesday announced that it has agreed to take a majority stake in Italian software-as-a-service company Namirial in a $1.2 billion deal built by at least five law firms.
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March 26, 2025
Enterprise Browser Co. Valued At $4.8B After Funding Round
Enterprise browser company Island on Wednesday revealed that it reached a $4.8 billion valuation after closing its most recent financing round with $250 million in tow.
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March 25, 2025
Judge Eyes Late Discovery Dispute In Google Antitrust Case
A D.C. federal judge wondered Tuesday why an Android keyboard app developer waited until "the eleventh hour" to bring him several discovery disputes in its antitrust lawsuit against Google LLC, where it accuses the tech giant of making deals that prevent its product from being the pre-loaded default keyboard on a device.
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March 25, 2025
Virginia Gov. Vetoes AI Bias Bill, Citing Industry Impact
Virginia's governor has blocked legislation that would have required the developers and deployers of "high-risk" artificial intelligence systems used in employment, healthcare and other areas to implement safeguards against algorithmic discrimination, saying that the "burdensome" proposal would have "stifled" the burgeoning AI industry.
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March 25, 2025
Medical Image Co. Gets Fed. Circ. To Back Ax Of Rival's IP
A Federal Circuit ruling Tuesday affirmed administrative patent board holdings that wiped out claims in patents that cover a 3D photography system used in medical imaging and clinical trials.
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March 25, 2025
Intelsat Seeks Fast C-Band Relocation Payments
The Federal Communications Commission should be paying satellite operators to partially clear out of the upper C-band and it should be doing it quickly, according to Intelsat, which told the agency that it has already done its part.
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March 25, 2025
Intel Says Trial Should Answer License Issue In VLSI Case
Intel Corp. told U.S. District Judge Alan Albright that a trial in its high-stakes patent infringement fight with VLSI Technology should focus on teasing out a disputed ownership structure that could inform whether the technology company has a license to use the chip patents.
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March 25, 2025
Amazon Slams 'Alternative Reading' Of ERISA In Worker Suit
Amazon on Monday urged a Washington federal court to throw out a worker's proposed class action alleging that Amazon used abandoned retirement plan funds to offset its own contributions, arguing that the suit's "alternative reading" of the Employee Retirement Income Security Act "flies in the face of" the well-established practice.
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March 25, 2025
Fintech DLocal Beats Investors' Suit Over IPO
A New York state court judge has dismissed claims against fintech firm dLocal and its underwriters in a proposed class action alleging the company misstated a key financial metric and misrepresented the state of its financial controls in advance of its June 2021 initial public stock offering that saw the company valued at nearly $9.5 billion.
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March 25, 2025
PTAB Leader Explains Denial Policy After Withdrawn Memo
The Patent Trial and Appeal Board's chief judge has provided guidance to the board's other members on how to decide whether to use discretion to deny review of patents based on related litigation, after a previous memo on the issue was withdrawn last month.
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March 25, 2025
Realtek Loses Sanctions Bid Over Alleged Patent Suit Abuse
Taiwan's Realtek Semiconductor Corp. lost its bid in California federal court to punish a pair of patent-holding companies for "wasting party and judicial resources" in an antitrust lawsuit over a licensing deal and a series of purportedly sham patent suits in Texas.
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March 25, 2025
Chipmaker Supplier Overhyped China Biz, Investor Claims
Semiconductor industry supplier Ultra Clean Holdings Inc. faces a proposed investor class action alleging that during 2024 it touted outsize demand in its Chinese market, ultimately hurting investors when it later acknowledged "demand softness" as it reported its 2024 full-year revenue and offered financial projections for the start of 2025.
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March 25, 2025
Google, OpenAI Can Toss State Law Claims In IP Row
A California federal judge has agreed to dismiss allegations made under California and Massachusetts law in suits claiming Google and OpenAI copied YouTube creators' videos to train large language models, while the creators have agreed to drop a similar case against Nvidia altogether.
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March 25, 2025
Cruz Sees Spectrum Pipeline Passing In Budget Bill
A new pipeline of commercial spectrum will almost certainly be made available as part the sweeping budget bill that Congress will soon consider, Sen. Ted Cruz, R-Texas, said Tuesday.
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March 25, 2025
GOP-Led House Committee Mulls Bills To Ease Capital Raising
The U.S. House of Representatives Financial Services Committee on Tuesday debated bills that would ease rules governing private and public securities offerings, marking Congress' latest push to deregulate capital markets under President Donald Trump's second term.
Expert Analysis
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.
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Unpacking First Consumer Claim Under Wash. Health Data Act
The first consumer class action claim filed under Washington's My Health My Data Act, Maxwell v. Amazon.com, may answer questions counsel have been contending with since the law was introduced almost a year ago, if the court takes the opportunity to interpret some of more opaque language, say attorneys at Polsinelli.
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Deficiency Trends In National Futures Association Exams
A recent notice from the National Futures Association outlining the most common deficiencies uncovered during exams gives member firms an opportunity to review prior guidance, particularly regarding the hot topic of implementing procedures governing the use of outsourced service providers, say attorneys at Akin.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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Preparing For Disruptions To Life Sciences Supply Chains
Life sciences companies must assess how new and escalating tariffs — combined with other restrictions on cross-border activity singling out pharmaceutical products and medical devices — will affect supply chains, and they should proactively prepare for antitrust and foreign direct investment regulatory review processes, say attorneys at Weil.
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Beware Risks Of Arguing Multiple Constructions In IP Cases
Defendants accused of patent infringement often argue for different, potentially contradictory, claim constructions before district courts and the Patent Trial and Appeal Board, but the board may be clamping down on this strategy, say attorneys at Dechert.
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Unpacking Liability When AI Makes A Faulty Decision
As artificial intelligence systems become more autonomous and influential in decision-making, concerns about AI-related harms and problematic decisions are growing, raising the pressing question of who bears the liability, says Megha Kumar at CyXcel.
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A Close-Up Look At DOJ's Challenge To HPE-Juniper Deal
The outcome of the Justice Department's challenge to Hewlett Packard Enterprise's proposed $14 billion acquisition of Juniper Networks will likely hinge on several key issues, including market dynamics and shares, internal documents, and questions about innovation and customer harm, say attorneys at McDermott.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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AG Watch: Texas Is Entering New Privacy Enforcement Era
The state of Texas' recent suit against Allstate is the culmination of a long-standing commitment to vigorously enforcing privacy laws in the state, and while still in the early stages, it offers several important insights for companies and privacy practitioners, says Paul Singer at Kelley Drye.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants.
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Cos. Should Prepare For Mexican Payments Surveillance Tool
The recent designation of six Mexican cartels as "specially designated global terrorists" will allow the Treasury Department to scrutinize nearly any Mexico-related payment through its Terrorist Finance Tracking Program — a rigorous evaluation for which even sophisticated sanctions compliance programs are not prepared, says Jeremy Paner at Hughes Hubbard.
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Implications Of Kid Privacy Rule Revamp For Parents, Cos.
The Federal Trade Commission's recent amendments to the Children's Online Privacy Protection Act will expand protections for children online, meaning parents will have greater control over their children's data and tech companies must potentially change their current privacy practices — or risk noncompliance, say attorneys at Labaton Keller.