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Intellectual Property
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April 22, 2025
Tech Co. Says Audi Infringed Vehicle-Tracking Patent
A patent-holding company accused Audi of infringing a patent for location-tracking technology in a Monday complaint, the latest in a flurry of suits the company has filed against auto and technology companies.
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April 22, 2025
Hogan Lovells Adds Ex-HHS Atty To Health Practice
Hogan Lovells on Tuesday announced the arrival of a former U.S. Department of Health and Human Services attorney to the firm's global regulatory and intellectual property practice group.
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April 22, 2025
Tarter Krinsky Draws On Art Law Expert For New Practice
Tarter Krinsky & Drogin LLP launched an art law practice Tuesday, drawing on the expertise of a new partner who handles complex litigation and transactional matters related to the market.
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April 22, 2025
Litigation Firm Says Ex-Client's Subpoena Warrants Sanction
The New York-based employment litigation boutique that represented a former Kirkland & Ellis LLP attorney in her now-settled sex discrimination suit against the BigLaw firm has asked a California federal court to quash a subpoena she filed seeking confidential firm information and sanction her.
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April 22, 2025
Nike Gets Mixed Ruling As 'Replica' Influencer's Trial Looms
A Florida federal judge partially found for Nike on its trademark infringement and counterfeiting claims against a social media influencer accused of posting and selling fake Nike shoes, but said the sportswear giant's consumer confusion and other claims must go to trial.
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April 22, 2025
Ramey Firm Turns To Supreme Court In Sanctions Fight
Texas-based patent firm Ramey LLP told the Federal Circuit that it is fighting California sanctions before the U.S. Supreme Court, after a magistrate judge in the Golden State determined three attorneys must make monetary payments and face other penalties for filing litigation in bad faith.
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April 22, 2025
Albright Gives Blanket OK For Many Deadline Extensions
U.S. District Judge Alan Albright said that any attorneys appearing before him in his Austin, Texas, courtroom who want a deadline extension no longer need to get his permission, according to a new standing order.
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April 22, 2025
Meet The DC Circ. Panel Deciding Judge Newman's Future
Federal Circuit Judge Pauline Newman will stand before a panel of D.C. Circuit judges on Thursday, arguing that her colleagues wrongly suspended her two years ago. Here's what you should know about the judges who are tasked with overseeing the 97-year-old jurist's challenge.
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April 22, 2025
Marketer Blasts Inventor's 'Cycle' Of Atty Fee Bids
An invention marketing firm on Tuesday asked a Pennsylvania federal judge to reject Kearney McWilliams & Davis PLLC's push for more attorney fees stemming from an inventor's case over how the company handled preparations for a product launch, arguing the court already declined to increase the number.
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April 22, 2025
Eminem Publisher Drops Suit Over 'Lose Yourself' Pickup Ads
Eminem's publisher on Monday agreed to drop a copyright infringement lawsuit alleging a Michigan Ford dealership used the rapper's song "Lose Yourself" in social media advertisements for a limited edition Detroit Lions Ford F-150 pickup without permission.
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April 22, 2025
Anticipating NIL Deal, NCAA Changes Athlete Pay Rules
The NCAA has officially adopted policy changes that will allow college athletes to be paid, to go into effect when the $2.78 billion antitrust settlement between schools and athletes receives final court approval.
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April 22, 2025
Lamborghini Stole Steering Wheel Trade Secrets, Suit Says
An Italian auto racing engineering support company has sued Lamborghini in Texas federal court, accusing the sports car manufacturer of swiping trade secrets related to steering wheel setups in vehicles used to compete in races like the 24 Hours of Le Mans.
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April 21, 2025
Google Gets 'Fail-Safe' AI Copyright Class Axed, For Now
A California federal judge on Monday struck a proposed class definition in a consolidated action brought by artists and authors claiming Google infringed their copyrights to train artificial intelligence models, saying the plaintiffs have proposed an improper "fail-safe" class but may try again with an amended definition.
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April 21, 2025
Reexams Get Fresh Look As PTAB Policies Add Uncertainty
The number of patent challengers requesting ex parte reexaminations has increased in recent years, and the trend may continue as new patent office policies create uncertainty about the ability to secure other types of review. Here's what attorneys should know about the less taken reexam route.
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April 21, 2025
Pain Management Co. Says Customers Pilfered Product Ideas
Chicago-based Pain Management Technologies Inc. said Monday that a group of its former customers stole its nerve flex wrap product ideas and ordered their own knockoffs "as if there are no copyright laws in the United States," according to a suit filed in Ohio federal court.
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April 21, 2025
X Loses Bid To Toss Data Scraper's Antitrust Counterclaims
A California federal judge has largely denied X Corp.'s bid to toss antitrust counterclaims data scraping firm Bright Data Ltd. lodged against the social media platform company, allowing Bright Data to proceed in accusing X of thwarting competition and monopolizing the United States' "public-square data" market.
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April 21, 2025
Del. Court Nixes Litigation Support Co. Noncompete Injunction
Citing in part "overbroad" claims, Delaware's Court of Chancery denied an HKA Global Inc. preliminary injunction bid Monday seeking damages from and restrictions on former employees of the risk mitigation and litigation support company who allegedly jumped to a competitor and then lured away colleagues.
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April 21, 2025
PTAB Invalidates Inpria Patent But Allows It To Amend Claims
The Patent Trial and Appeal Board has invalidated all the challenged claims in an Inpria Corp. patent related to extreme ultraviolet light semiconductor processing, but allowed the company the opportunity to amend its claims.
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April 21, 2025
Microchip Co. Wants USPTO To Apply New Rules Retroactively
A California company behind a new kind of energy-efficient microchip says it's retained a former U.S. Patent and Trademark Office director in order to make the case that the agency's new rules over discretionary denials should be retroactively extended by seven days, in order to wipe out a partially successful patent challenge from a Chinese rival.
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April 21, 2025
Houston's NRG Energy Says Miami Cos. Ripped Off Its Name
A group of Miami-based companies has been accused in Texas federal court of ripping off NRG Energy Inc.'s name.
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April 21, 2025
Unions Score Block On Orders To Fire Probationary Workers
A California federal judge blocked the Office of Personnel Management from ordering federal agencies to fire probationary employees and stopped several agencies from heeding its directives, but he declined to order them to rehire the workers they've already let go.
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April 21, 2025
Longtime ITC General Counsel Joins Polsinelli In DC
Polsinelli PC announced Monday that it has hired the former longtime general counsel of the U.S. International Trade Commission to bolster its practice group that advises clients about ITC rules and procedures.
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April 21, 2025
Ozempic Maker, Texas Pharmacy Settle Knockoff Drug Claims
The manufacturer behind the Ozempic weight loss drug buried the hatchet with a Houston-area pharmacy it accused of selling compounded, non-FDA-approved medications that claim to contain the drug's key ingredient, with the pharmacy agreeing to never again market compounded semaglutide drugs.
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April 21, 2025
EFF Tells Fed. Circ. That 6th Circ. Case Aids Bid For IP Docs
A digital rights nonprofit says that a recent Sixth Circuit revival of a fight for documents in a securities suit against a private prison operator bolsters its own bid at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas.
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April 21, 2025
Photog Seeks Instant Replay On Lions' Sanders IP Suit Exit
A photographer alleging the Detroit Lions modeled a statue of legendary running back Barry Sanders from an infringed photo urged a New York federal judge to reconsider his decision to cut the team from the copyright lawsuit, saying the team's dealings with an Empire State-based entity bring it under the court's jurisdiction.
Expert Analysis
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Strategies To Help Witnesses Manage Deposition Anxiety
During and leading up to deposition, witnesses may experience anxiety stemming from numerous sources and manifesting in a variety of ways, but attorneys can help them mitigate their stress using a few key methods, say consultants at Courtroom Sciences.
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3 Red Flags To Watch For When Valuing Patent Portfolios
As forward-looking intellectual property valuations become increasingly popular, recognizing potential concerns during the due diligence process can help develop a more accurate understanding of a portfolio's true value and potential risk, says Keegan Caldwell at Caldwell Law.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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5 Key Licensing Considerations For AI Innovations
As businesses increasingly integrate artificial intelligence technology into their operations, they must prepare to address complex intellectual property challenges and questions surrounding licensing AI-based innovations, which require careful consideration of ownership, usage rights and regulatory compliance, says Lestin Kenton at Sterne Kessler.
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A Higher Bar For Expert Witnesses In Drug Patent Litigation
With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Protecting Brand Identity In An AI-Driven Marketplace
A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How To Ensure Confidentiality When Using AI In Discovery
In light of a recent case in the Southern District of New York involving the dissemination of AI-generated content containing confidential information, there are steps that law firms and lawyers should take to protect client and third-party data during litigation, say attorneys at Steptoe.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.