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Intellectual Property
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September 08, 2025
Tracking The Copyright Fights Between Creators And AI Cos.
In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.
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September 07, 2025
Stewart Says New Patent Policies Aim To Bring Stability
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart said Sunday that new patent review policies the office has implemented are aimed at making the patent system more stable, saying that in her view, repeated patent challenges can result in "the antithesis of stability."
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September 05, 2025
Apple Using Pirated Books To Train AI Models, Authors Allege
Apple is using unlicensed copyrighted works, including books from a controversial data set, in building its artificial intelligence models, two authors alleged in a proposed class action filed Friday in California federal court, warning that Apple's AI system will inevitably begin competing with real writers.
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September 05, 2025
Stewart Tackles Markets, Injunctions In Newest PTAB Reviews
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.
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September 05, 2025
Temu Hit With $2M Penalty In FTC's 1st INFORM Act Case
The operator of Chinese e-commerce platform Temu has agreed to pay $2 million to resolve the Federal Trade Commission's inaugural enforcement action under the INFORM Consumers Act, which requires online marketplaces to provide customers with certain information and tools to combat counterfeit goods offered by high-volume third-party sellers.
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September 05, 2025
Federal Agencies Push To Toss Masimo's Apple Watch Suit
U.S. Customs and Border Protection and the U.S. International Trade Commission have again urged a federal judge to throw out Masimo's suit seeking to block a decision allowing imports of redesigned Apple Watches, saying Congress barred court review of such findings.
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September 05, 2025
Ramones TM Fight With Johnny's Widow Heads To Arbitration
A New York federal judge tossed trademark infringement claims lodged against the widow of punk rocker Johnny Ramone by the brother of his bandmate Joey Ramone, finding that the fight must be arbitrated under the band's shareholder agreement.
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September 05, 2025
DOJ, Others Push High Court To Undo Cox Copyright Ruling
The U.S. solicitor general and a host of groups and businesses have thrown their support behind Cox Communications' U.S. Supreme Court appeal of a finding that telecom companies can be liable for copyright infringement for providing an internet connection that leads to music piracy online.
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September 05, 2025
Judge Awards Over $6M In Atty Fees In Bluetooth Co.'s IP Suit
A Colorado federal judge has awarded the attorneys representing a Bluetooth technology company more than $6 million after the company won on the bulk of its claims at trial last year in its trade secrets and breach of confidentiality case against a Massachusetts display technology company.
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September 05, 2025
Fed. Circ. Sinks Inventor's Bid To Escape $214K In Sanctions
The Federal Circuit on Friday denied efforts by the inventor of a patent covering a type of marking tape to escape a nearly $214,000 sanctions order from a lower court, saying it had previously upheld the award for bad faith litigation and won't alter it now.
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September 05, 2025
Merck Shakes Off Some Claims From Cholesterol Drugs Suit
A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.
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September 05, 2025
Fed. Circ. Backs PTAB Axing CAO Lighting Patent Claims
The Federal Circuit on Friday signed off on Patent Trial and Appeal Board decisions that invalidated various claims in a pair of LED patents, mostly handing a win to challengers like General Electric Co. and semiconductor company Wolfspeed Inc.
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September 05, 2025
Harper Lee Estate, Publisher Settle 'Mockingbird' Play IP Case
Harper Lee's estate and a publishing company have settled their dispute over a "To Kill a Mockingbird" play adaptation the estate allegedly licensed without authority, wiping an appeal off the books the day before their scheduled arguments at the Seventh Circuit.
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September 05, 2025
Apple Hit With Suit Over Voice And Text Recognition Patents
Apple Inc. is facing a suit by software and artificial intelligence firm Cerence AI over several patents that Cerence said allow voice and text recognition on Apple products.
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September 05, 2025
Fed. Circ. Revives Pro Se Inventor's Social Media Patent Bid
The Federal Circuit on Friday breathed new life into a Florida man's attempt to patent a way of facilitating the flow of information on social media networks, finding the Patent Trial and Appeal Board needs to take another look.
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September 05, 2025
Fla. Bar Moves To Suspend Atty Accused Of Widespread Scam
The Florida Bar filed a petition Friday seeking the emergency suspension of a lawyer accused of scamming dozens of clients, failing to pay associates and paralegals who worked at his firm and repeatedly violating court orders.
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September 05, 2025
Conn. Biotech Hits Ch. 11 With $2.7M Debt After Patent Suit
A Connecticut biotech company has filed a voluntary Chapter 11 petition claiming at least $2.7 million in liabilities, mostly debts to Quinn Emanuel Urquhart & Sullivan LLP and Verrill Dana LLP, after both law firms represented it in a since-settled Massachusetts stem cell patent lawsuit.
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September 05, 2025
Anthropic Agrees To Pay $1.5B To Settle AI Copyright Fight
Leading artificial intelligence developer Anthropic has agreed to pay $1.5 billion to settle a case brought by a group of authors who accused the company of illegally using their works to train its flagship large language model, the authors told a California federal court on Friday.
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September 05, 2025
Instagrammer's IP, Likeness Suit Tossed With Prejudice
Social media influencer Dan Bilzerian can't proceed in Nevada federal court with his lawsuits against his father and others over claims they hijacked his vape and lifestyle brand even after being pushed out of the company, a federal judge ruled, saying there just isn't any connection to the state.
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September 05, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen professional boxing promoter Boxxer take action against the former head of boxing at Matchroom Sport, Aegis Motor Insurance and Chubb European Group clash over a reinsurance claim, and a transgender pool player sue the English Blackball Pool Federation over its decision to ban her competing in women's teams and tournaments.
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September 05, 2025
Warner Bros. Sues AI Image Biz Over Character Outputs
Warner Bros. has sued artificial intelligence image and video company Midjourney over alleged copyright infringement, saying it "thinks it is above the law" by allowing users to create images of copyrighted household-name characters.
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September 05, 2025
How A 'Risky' Move Fueled Kobre & Kim's Win Over Phillips 66
In the trial over Propel Fuels' claims that Phillips 66 stole trade secrets during due diligence for an acquisition, Kobre & Kim switched up standard witness order and convinced a jury to award $605 million.
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September 04, 2025
Late Funkadelic Member's Royalty Suit Too Late, Judge Finds
A Michigan federal judge ended a case Thursday brought against George Clinton by his late keyboardist's estate over unpaid royalties, saying the statute of limitations expired when there was silence between the parties about a contract between them for decades.
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September 04, 2025
AI Co. Sues Rival, Ex-Exec Over Alleged Trade Secret Theft
Scale AI Inc. has slapped Mercor and a former executive with a trade secret theft suit in California federal court, claiming that while the generative artificial intelligence data competitor was wooing Scale's employee, he was stealing documents that "amount to a roadmap for unfairly competing with Scale."
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September 04, 2025
PTAB Mostly Backs Comcast In Entropic Patent Challenges
The Patent Trial and Appeal Board has found that numerous claims of two Entropic Communications LLC communications network patents challenged by Comcast are invalid, but that the cable giant failed to prove that other claims are invalid.
Expert Analysis
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How Attorneys Can Make The Most Of A Deposition Transcript
With recent amendments to federal evidence rules now in effect, it’s more important than ever to make sure that deposition transcripts are clear and precise, and a few key strategies can help attorneys get the most out of a transcript before, during and after a deposition, says Allison Rocker at Baker McKenzie.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Vape IP Ruling Shows Stark Contrast Between ITC And Courts
The U.S. International Trade Commission's recent termination of a Section 337 investigation of vaporizer devices highlights the fact that — unlike in federal courts — all complaints terminated by the ITC may be refiled, though there are some ways for respondents to protest, says P. Andrew Riley at Mei & Mark.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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How The USPTO Might Find A Path Forward After Job Cuts
Recent layoff plans and other cost-reduction initiatives at the U.S. Patent and Trademark Office call for a corresponding adjustment to improve operational efficiency, such as adding post-filing examination request procedures and artificial intelligence enhancements, says James Gourley at Carstens Allen.
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As Tariffs Rise, Cos. Can Address Trademark Non-Use Risks
Although new tariffs may temporarily prevent companies from selling their goods and services in the U.S., businesses can take steps to minimize the risk of losing their trademark rights due to non-use, say attorneys at DLA Piper.
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Understanding How Jurors Arrive At Punitive Damage Awards
Much of the rising trend of so-called thermonuclear verdicts can be tied to punitive damages amounts that astonish the imagination, so attorneys must understand the psychological underpinnings that drive jurors’ decision-making calculus on damages, says Clint Townson at Townson Litigation.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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AI Use Of Hollywood Works: The Case For Statutory Licensing
Amid entertainment industry concerns about how generative artificial intelligence uses its copyrighted content, a statutory licensing framework may offer a more viable path than litigation and petitions — one that aligns legal doctrine, economic incentives and technological progress, says Rob Rosenberg at Telluride Legal.
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Keys To Handling Digital Investigations In Pharma IP Litigation
In the high-stakes realm of pharmaceutical intellectual property litigation, efficient e-discovery and digital investigation workflows are essential to supporting strategic arguments, building defensible cases and proving that the requirements for market entry have been adequately met, says Jerry Lay at FTI Consulting.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.