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Intellectual Property
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May 13, 2025
Atty Sues To Sell NFL Merch Without License
The NFL is facing another lawsuit from an attorney seeking a court order saying he is allowed to sell unlicensed NFL merchandise and asserting that the league's effective monopoly on its merchandising is not based on trademark law.
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May 13, 2025
Brie, Franco's 'Together' Is 'Blatant Rip-Off,' Film Co. Says
Production company StudioFest alleged in California federal court on Tuesday that the upcoming horror film "Together," starring real-life spouses Alison Brie and Dave Franco, is a "blatant rip-off" of a movie it pitched to the couple's agents in 2020.
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May 13, 2025
Becton Dickinson Sues Baxter Over Infusion Pump Patents
Becton Dickinson has accused Baxter International of willfully infringing six of its patents for infusion pump technologies used to deliver medications to patients, telling a Delaware federal court that marketing materials for a Baxter infusion pump platform touted several Becton inventions.
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May 13, 2025
Did AI Co. Anthropic's Expert Cite AI-Hallucinated Study?
Music publishers claiming artificial intelligence company Anthropic infringed their works to train its AI models told a California federal magistrate judge Tuesday that an Anthropic expert witness cited a "fictitious" AI-generated study in a recently filed declaration, urging the judge to sanction the company's Latham & Watkins attorneys for not catching the issue.
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May 13, 2025
Hose Maker Wants Case Over Amazon Patent Program Tossed
An expandable garden hose maker wants a Delaware federal court to throw out a suit seeking a declaration that a Chinese company isn't infringing a pair of patents, saying it never made any infringement allegation against the Chinese company.
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May 13, 2025
10x Genomics, Bruker Strike Deal After $31M Patent Verdict
Gene sequencing technology firm 10x Genomics and scientific instrument maker Bruker Corp. have reached a settlement in a patent infringement lawsuit that previously led biotechnology company NanoString to file for Chapter 11 bankruptcy relief.
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May 13, 2025
Split PTAB Cites SAS To Reject Samsung Petition
The Patent Trial and Appeal Board will not review whether a real-time interpretation patent for those hard of hearing is invalid after finding that only a quarter of Samsung's challenge could be successful, which isn't worth the full trial mandated by the U.S. Supreme Court.
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May 13, 2025
Cancer Centers Want Fed. Circ. To Rehear Antibody IP Fight
The Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center say the full Federal Circuit should review a decision rejecting Xencor's application for an antibody patent, arguing that the decision wrongly created a new precedent that could be harmful to other patents.
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May 13, 2025
Investment Firm Drops 2 Counts From $70M Client Poach Suit
Connecticut investment firm TJT Capital Group LLC has agreed to drop a Computer Fraud and Abuse Act count and a common-law trade secrets misappropriation claim from a lawsuit accusing a chief compliance officer of taking $70 million in assets under management with him when he left for a new job.
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May 13, 2025
Betting Cos. Feud Over Stay As Discovery Sanctions Loom
A sportsbook technology company being sued by a former collaborator for allegedly stealing trade secrets has asked a Nevada federal court to reject efforts to stay the case as it pursues sanctions against the plaintiff for allegedly withholding key evidence.
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May 13, 2025
Albright Scraps $26M Video Patent Verdict Against Google
U.S. District Judge Alan Albright has overruled a jury's $26 million verdict against Google LLC and its YouTube LLC subsidiary for infringing VideoShare LLC's video sharing patent, finding that as a matter of law "the only reasonable interpretation of the claim language" shows no infringement.
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May 13, 2025
MoFo DQ Sought In IP Case After Perkins Coie Ouster
A software developer pursuing intellectual property claims against another technology company in San Francisco federal court has followed through with its threat to seek removal of Morrison & Foerster LLP after it succeeded in disqualifying Perkins Coie LLP, arguing the firms worked closely together and new counsel is necessary to avoid prejudice.
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May 12, 2025
Fed. Circ. Erases MIT, Broad CRISPR Win In Conception Fight
The Nobel Prize-winning scientists who lost their interference proceeding on a key use of the gene-editing technology CRISPR persuaded the Federal Circuit on Monday to give them another chance, with the court providing clarity on how to analyze conception.
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May 12, 2025
Mariah Carey's $186K Fee Bid Is BigLaw Fantasy, Atty Says
An attorney for two songwriters who unsuccessfully sued Mariah Carey encouraged a California federal judge Monday not to impose the full amount of a nearly $186,000 sanctions bid against him and his clients who had alleged Carey's hit "All I Want for Christmas Is You" was stolen from their song.
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May 12, 2025
Epic Infringed IP For 'Wicked' Star Fortnite Concerts, Jury Told
Epic Games should be made to pay for allegedly infringing a pair of inventors' patent that allowed tens of millions of fans to interact in virtual-world concerts staged in Fortnite involving "Wicked" star Ariana Grande and rapper Travis Scott, a Washington federal jury heard Monday.
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May 12, 2025
UTC Again Seeks To Stave Off Lung Drug Competitor In IP Suit
United Therapeutics Corp. has lodged another challenge trying to block Liquidia Technologies Inc. from selling its own version of the blockbuster lung disease treatment Tyvaso, filing a patent infringement suit in North Carolina federal court.
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May 12, 2025
Barnes & Noble Faces IP Suit Over E-Commerce Tech
Barnes & Noble has joined a line of retailers facing patent infringement suits from intellectual property licensing company AML IP, with a complaint filed Monday in Texas federal court accusing the bookseller of violating a patent related to technology for electronic methods of processing payments.
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May 12, 2025
Fla. Pharmacy Beats Novo Nordisk Suit Over Ozempic 'Copies'
A Florida federal judge on Monday granted a compounding pharmacy a win in Novo Nordisk Inc.'s suit claiming it violated a state statute by selling "essentially copies" of Novo Nordisk's blockbuster Ozempic and Wegovy weight loss drugs, ruling that the claims are moot, preempted and nonviable.
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May 12, 2025
Anthropic Says Music Cos.' Copyright Claims Still Fail
Artificial intelligence developer Anthropic PBC is urging a California federal judge to dismiss amended copyright claims from a group of music publishers, saying the plaintiffs still have not demonstrated the company knew people were using its large language model to produce song lyrics.
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May 12, 2025
InterDigital Fights Disney's Injunction Bid In Patent Feud
InterDigital has urged a California federal court to reject Disney's request for an injunction, arguing that the company cannot block its Brazilian patent lawsuit because the patents at issue are unrelated to any of the International Telecommunication Union's reasonable and nondiscriminatory obligations.
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May 12, 2025
Zazzle Can't Dodge Copyright Claim Over Fonts, Judge Says
A California federal judge has axed fraud claims in a suit claiming online marketplace Zazzle Inc. profits from stolen intellectual property and fails to fairly compensate design owners, but said it couldn't dodge a copyright claim.
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May 12, 2025
HP, Patent Licensing Co. Settle Suit Over Video Coding IP
HP Inc. and a California-based patent licensing company that accused the IT giant of infringing old Panasonic patents covering picture and moving picture coding and decoding methods agreed to end their dispute, according to a joint motion filed in Texas federal court.
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May 12, 2025
Wheelchair Restraint Co. Says Fla. Rival Misled Customers
An Ohio wheelchair restraint company accused a Florida competitor of false advertising, saying in a bench trial Monday in Florida federal court that it was damaged after the rival distributed a flyer telling dealers its products were the only ones that were federally approved for use in motor vehicles.
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May 12, 2025
Music Labels Ask Justices To Uphold ISP's Copyright Liability
The nation's major record labels are urging the U.S. Supreme Court not to take up a petition from an internet service provider asking whether internet service providers can face "massive liability" for user copyright infringement, telling the justices that no circuit split on the question exists.
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May 12, 2025
Chip Co. Urges Stewart To Rethink PTAB Discovery Decision
The U.S. Patent and Trademark Office's acting leader should rethink her decision allowing for discovery in a patent fight over a pair of semiconductor patents, a chipmaker challenging the patents at the Patent Trial and Appeal Board has argued.
Expert Analysis
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Takeaways From 2024's Emerging IP Licensing Trends
Themes in intellectual property licensing from the past year – including artificial intelligence; risk management; and name, image and likeness rights – highlight key considerations for navigating an evolving landscape, say attorneys at Ballard Spahr.
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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.