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Technology
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December 03, 2024
USPTO Abandons Polarizing Proposal Over Double Patenting
The U.S. Patent and Trademark Office has withdrawn an extremely controversial proposal tied to double patenting, citing "resource constraints" in a Federal Register notice set to be published Wednesday.
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December 03, 2024
OpenAI Must Disclose Execs' Messages To News Orgs.
The New York Times, Daily News, other news organizations and writers can gain access to the social media messages of executives at OpenAI in their litigation accusing the company of using copyright-protected material to train ChatGPT after a New York judge rejected efforts to block the disclosure of the messages.
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December 03, 2024
Microsoft Asks FTC Watchdog To Look Into Leaked Probe
A Microsoft deputy general counsel on Tuesday asked the Federal Trade Commission's inspector general to look into whether commission management improperly told a news outlet that the FTC had opened a broad antitrust investigation of the tech giant.
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December 03, 2024
Vidal Aimed To Put USPTO Rulemaking In The Spotlight
Kathi Vidal's tenure as director of the U.S. Patent and Trademark Office has been marked by dedication to making the agency's decisions and processes more transparent, attorneys said ahead of her mid-December departure.
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December 03, 2024
Intel's License Fight With VLSI In Texas Gets May Trial Date
A Texas federal judge has set a May trial date for Intel's claim that it already has a license to VLSI's chip patents in their multibillion-dollar dispute.
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December 03, 2024
Google Wants Ad Tech Claims In Texas Heard By Judge, Not Jury
Google is pushing to have the Texas-led antitrust case targeting its digital ad technology tried to a judge instead of a jury, saying state enforcers are not entitled to have a jury decide whether the company violated the law or what penalties should be imposed if it did.
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December 03, 2024
Fed. Circ. Won't Revive Vehicle Security Patent Suit
The Federal Circuit on Tuesday backed a lower court's finding that a vehicle security patent owned by consumer electronics company VOXX International Corp. was invalid as abstract, handing a win to a company it targeted in an infringement suit.
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December 03, 2024
Gov't Floats Sharing Plan For Lower 37 GHz Airwaves
The Biden administration announced Tuesday that it was recommending shared use of the lower 37 gigahertz spectrum band among government and private-sector users.
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December 03, 2024
Data Caps Harm Consumers, Rural Electric Co-Ops Tell FCC
As the Federal Communications Commission considers the impact of data caps some broadband providers impose on internet service plans, rural electric cooperatives have told the commission that caps are bad for consumers and that their own business model for broadband does not involve such usage limits.
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December 03, 2024
No Standing In 'Threadbare' Voice Assistant Suit, Google Says
Google wants a D.C. federal judge to toss a lawsuit accusing the tech giant of blocking rival voice assistant products from running on Android and other devices, contending that the complaint has failed to articulate an injury "with even a modicum of detail."
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December 03, 2024
Robotics Co. Hit With Investor Suit Over Accounting Errors
Investors in supply chain automation company Symbotic on Tuesday accused executives of hiding faulty accounting processes, prompting financial reporting errors that tanked the company's stock when the issues came to light.
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December 03, 2024
Ex-Va. Solicitor General To Co-Lead Steptoe Appellate Group
Steptoe LLP has brought on as co-leader of the appellate practice a former solicitor general of Virginia whose past government work included being special counsel to the committee investigating the Jan. 6, 2021, attack on the Capitol, the firm said Tuesday.
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December 03, 2024
'Bitcoin Jesus' Calls $48M Tax Dodging Case Unconstitutional
An early Bitcoin investor known as Bitcoin Jesus asked a California federal judge Tuesday to dismiss charges that he dodged approximately $48 million in taxes by filing false tax returns and concealing how much cryptocurrency he owned, arguing that the charges are unconstitutional.
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December 03, 2024
Ill. Panel Relieves Liberty Mutual Units Of BIPA Coverage
An Illinois state appeals court held that two Liberty Mutual units didn't owe coverage to a policyholder for an underlying class action alleging violations of the state's Biometric Information Privacy Act, reversing a lower court's decision surrounding the interpretation of a recording and distribution exclusion.
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December 03, 2024
Software Startup ServiceTitan Launches Plans For $480M IPO
ServiceTitan Inc., a venture-backed software startup that serves trades-focused professions, launched plans on Tuesday for an estimated $480 million initial public offering under guidance from Latham & Watkins LLP and underwriters' counsel Wilson Sonsini Goodrich & Rosati PC, potentially marking the year's last sizable IPO.
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December 03, 2024
McCarter & English Adds Ex-DOJ Antitrust Atty In DC
McCarter & English has hired a new partner and former Wilson Sonsini Goodrich & Rosati PC senior counsel, who started her career working on antitrust issues for the U.S. Department of Justice in Washington, D.C., the firm announced Tuesday.
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December 03, 2024
FCC Aims To Protect Weather Sensors With 24 GHz Rules
The Federal Communications Commission has passed new rules for radiofrequency emissions limits in the 24 gigahertz spectrum band to align with an international ruling from 2019 aimed at protecting vulnerable meteorological sensors that are assigned to a nearby band of frequencies.
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December 02, 2024
Apple Accused Of Gagging Workers, Spying On Their IPhones
A manager at Apple claims the tech giant is stomping on employees' rights by forbidding discussion of coworkers' compensation and encouraging the use of personal iPhones at work so that it can snoop on workers, according to a lawsuit lodged Monday in California state court.
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December 02, 2024
Google Can't Yet Appeal Ruling Preserving Kids Tracking Suit
A California federal judge on Monday declined to let Google immediately appeal his earlier ruling leaving intact allegations the search giant surreptitiously tracks children's web activity, finding Google hasn't shown that the issues underlying that ruling warrant an appeal at this stage in the litigation.
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December 02, 2024
Fed. Circ. Questions Reynolds' Bid To Undo $95M Patent Loss
The Federal Circuit probed R.J. Reynolds' challenge to a $95 million damages award against it for infringing Philip Morris' vape patents, questioning Monday the company's argument that the amount was not supported by the evidence.
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December 02, 2024
PTAB Presses Play On Playrix's Challenge To Video Game IP
A ruling from the U.S. Patent and Trademark Office director changing the meaning of a claim in a video game patent was enough for the agency's administrative board to now move forward with a challenge over patented software cited in a Texas lawsuit lodged against mobile game developer Playrix.
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December 02, 2024
Meta Can't Dodge $25M Fine For Wash. Election Ads
Facebook parent company Meta must pay $25 million in fines for repeatedly running afoul of Washington state's political advertising transparency law, a state appellate panel ruled Monday, finding the technology giant's free speech rights were not violated by being forced to comply with the law.
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December 02, 2024
Influencer Hasn't Shown She's 'Special' In IP Row, Rival Says
An influencer hasn't backed up her claims that she's "unique" and "special" in her case accusing a competitor of copying her social media aesthetic, the rival told a Texas federal court, asking it to reject a magistrate judge's recommendations to keep much of the case alive.
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December 02, 2024
Bipartisan Bill Calls For AI Studies From Financial Regulators
Leaders of the U.S. House Financial Services Committee want to codify their commitment to regulating and cultivating the use of artificial intelligence in the financial services industry with legislation introduced Monday that directs financial and housing regulators to produce reports on the use of AI in their respective sectors.
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December 02, 2024
Chancery OKs Pruned $2.3M Fee For Info Tech Co. Suit
A Delaware vice chancellor on Monday cut $1.7 million from a $4 million fee sought by attorneys whose suit overturned corporate governance concessions that information technology company N-able Inc. granted to its lead investors, citing partial overlaps with an earlier, high-profile case.
Expert Analysis
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Fed. Circ. Ruling May Signal Software Patent Landscape Shift
The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.
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How 2 Proposed Bills Could Transform Patent Law
The Patent Eligibility Restoration Act and the Prevail Act may come up for vote by the Senate Judiciary Committee after the election, and both offer benefits and challenges for inventors and companies seeking to obtain patents, says Philip Nelson at Knobbe Martens.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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GAO Decision Offers Insights On Verifying TAA Compliance
The U.S. Government Accountability Office's August decision in Matter of: HPI Federal LLC serves as a reminder of the importance of verifying Trade Agreements Act compliance — and of understanding the parameters of an agency's acceptance of an offeror's TAA representation, say Amy Hoang and Sarah Barney at Seyfarth.
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6 Tips For Cos. Facing Service Provider Cyber Incidents
When a third-party service provider experiences a cybersecurity incident, businesses may wonder if their information is compromised and if their systems are safe, but there are certain steps that can help businesses prepare for and respond to targeted attacks on vendors, say attorneys at Troutman Pepper.
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Unpacking State AG Approaches To Digital Asset Enforcement
Attorneys at Cozen O'Connor survey recent digital asset enforcement by attorneys general nationwide driven by concerns over regulatory gaps where technological developments and market changes have outpaced legislation.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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Opinion
Bring Back Patent Models To Shut Down The Patent Trolls
By reintroducing the requirement that inventors submit a miniature working model of their inventions along with their patent, legislators could help to deter patent trolls, reduce frivolous litigation and support legitimate inventors in protecting their innovations, says Darin Gibby at Kilpatrick.
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Peeling Back The Layers Of SEC's Equity Trading Reforms
The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.
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Strategies To Avoid Patent Issues In AI Drug Discovery
Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.