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Intellectual Property
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September 27, 2024
Tattoo Artist's $3,750 Award Scrapped In Video Game IP Row
An Illinois federal judge scrapped a $3,750 damages award for a former tattoo artist who sued World Wrestling Entertainment and two video game companies for depicting her tattoos on a wrestler without permission, saying the jury's award was based on undue speculation.
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September 27, 2024
Amazon Hit With $30.5M Verdict In Delaware Patent Trial
A Delaware federal jury decided Friday that Amazon Web Services infringed two computer network patents that were once owned by Boeing, and told the tech giant to pay $30.5 million in damages.
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September 27, 2024
Off The Bench: College Sports Dominates Legal Landscape
In this week's Off The Bench, the NCAA and the athletes in the big name, image and likeness settlement try to redo the terms to satisfy the overseeing judge, Reggie Bush says his image has been exploited by his alma mater and the NCAA for years, and the Pac-12 claims that it's being strong-armed by a rival conference for coaxing away its teams.
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September 27, 2024
Super Babies Cancel DC Comics, Marvel's 'Super Hero' TM
The U.S. Patent and Trademark Office has canceled DC Comics and Marvel Characters Inc.'s jointly owned trademarks for "super hero" and variations of the term after a U.K.-based business that creates stories of super hero babies argued the term is generic and has been abandoned by DC Comics and Marvel.
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September 27, 2024
Valve Corp. May Continue Wash. 'Patent Troll' Claims
Video game patent holder Leigh Rothschild, his company Rothschild Broadcast Distribution Systems LLC and his legal team from Meyler Legal PLLC cannot escape a federal suit alleging they violated the state of Washington's anti-troll laws in pursuing bogus patent claims against video game maker and online game store operator Valve Corp.
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September 27, 2024
Nike's Conduct In TM Battle Warrants Atty Fees, Report Says
Sportswear giant Nike Inc.'s behavior and threats against a Pennsylvania apparel company during a trademark dispute are severe enough to support ordering Nike to pay attorney fees, a special master has said.
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September 27, 2024
Nixon Peabody Bolsters IP Team With Deputy Chief, Laterals
Nixon Peabody LLP has bolstered its intellectual property practice with the appointment of a deputy leader and two recent hires, continuing the firm's investments in that team.
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September 27, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Coca-Cola bring a trademark infringement claim against its former marketing director, Glencore face legal action by American Century ETF Trust, law firm Bishop Lloyd & Jackson defend itself against two solicitors it worked alongside during inquiries into Grenfell Tower, and a U.K. cruise line face a claim by a subsidiary of the sanctioned gambling platform GTLK.
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September 26, 2024
1st Circ. Won't Disturb Ex-DraftKings Exec's Noncompete
The First Circuit on Thursday rejected an appeal from a former DraftKings executive looking to undo his noncompete contract, ruling that Massachusetts law — not California law — applies to his agreement with his Boston-based former employer and that an injunction barring him from competing with DraftKings stands.
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September 26, 2024
NCAA, Athletes Make Tweaks To $2.78B NIL Settlement
The National Collegiate Athletic Association and the athletes suing over the organization's name, image and likeness compensation rules on Thursday presented some clarifications to their proposed $2.78 billion antitrust settlement after a California federal judge took issue with some of the deal's terms.
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September 26, 2024
Attys Worry OpenAI IP Row Will Drag On Amid AI Policy Push
A BigLaw attorney and consumer advocates found common ground during the seventh annual Berkeley Law AI Institute on Thursday expressing concerns that courts won't timely adjudicate copyright claims against OpenAI and others, while an FTC attorney noted the commission is already enforcing the Federal Trade Act against companies for over-hyping their AI.
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September 26, 2024
Judge Albright Steers Patent Suit Against Volvo To NJ
U.S. District Judge Alan Albright has ruled that the presence of car dealerships in the Western District of Texas, a popular patent jurisdiction, is not enough to keep a patent lawsuit against Swedish carmaker Volvo in his Waco courtroom, transferring the case brought by an ex-Microsoft executive's private equity-funded patent litigation outfit.
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September 26, 2024
Edible Arrangements Says Zurich Shirked Policy Duties In $4M Suit
Atlanta-headquartered Edible Arrangements has hit the American Zurich Insurance Co. with a breach of contract suit seeking at least $4.2 million, claiming the insurer refused to defend and indemnify it against counterclaims stemming from a trademark suit it filed against another company.
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September 26, 2024
Colo. Artist Says Award-Winning AI Image Merits Copyright
A Colorado artist who created the first image generated by artificial intelligence to win an award at the state's fair sued the U.S. Copyright Office on Thursday, saying the agency wrongly rejected his application to register his work because it was not made by a human author.
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September 26, 2024
2nd Circ. Denies Jury Trial In Abbott Labs Gray Market Case
A man and his wife involved in the sale of gray market diabetes test strips on Tuesday were unable to persuade the Second Circuit to undo the $33.4 million judgment they owe to Abbott Laboratories after a federal judge stripped them of their right to a jury trial.
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September 26, 2024
Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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September 26, 2024
Helicopter-Maker Claims Supplier Had 'Reliability Issues'
A former Fort Worth, Texas-based Bell Helicopter Textron Inc. engineer claimed a supplier at the center of a $100 million trade secrets lawsuit delivered parts that had "reliability issues," saying Thursday during a trial in Texas state court that the supplier had long-standing problems.
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September 26, 2024
Judge Recommends Axing Disbarred NC Atty's FOIA Suit
A disbarred North Carolina attorney's sprawling Freedom of Information Act lawsuit over U.S. Patent and Trademark Office documents should be tossed, a magistrate judge recommended Thursday, finding the government immune and most of the claims already litigated.
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September 26, 2024
NC Medical Equipment Maker Can't Ditch Unfair Biz Suit
The North Carolina Business Court has denied a medical equipment maker's bid to get a win based on the pleadings in a fraudulent concealment and unfair trade practices lawsuit alleging that it stole the business model and a pregnancy support garment design from a rival.
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September 26, 2024
OpenAI Gets Most Counterclaims Against It Axed In TM Fight
OpenAI has defeated most counterclaims filed by a man who the company alleges is preventing it from registering its name as a trademark, after a California federal judge ruled that Guy Ravine and his company, Open Artificial Intelligence Inc., "spill much proverbial ink pontificating about their view on artificial intelligence," but most of it is irrelevant to their claims.
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September 26, 2024
Judge Finds Golf Simulator Original Enough, At Least for Now
A judge overseeing a copyright case in the Southern District of New York has decided that the makers of a golf simulator had developed an interface that could, at least on paper, meet the "modest requirements of originality."
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September 26, 2024
Senate Patent Bill Markups Delayed Until After Election
Congressional hearings scheduled for Thursday to mark up several bills related to patents, including measures dealing with patent eligibility, validity challenges and drug patents, have been postponed until after Election Day due to the Senate's adjournment.
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September 26, 2024
Nobel Winners Behind Gene Editor Seek To Nix Own Patents
The scientists credited with inventing the gene-editing tool CRISPR have voluntarily requested that two key patents be revoked in Europe, after officials suggested they might get nixed over technical issues.
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September 26, 2024
Judge Tosses Hyundai EV Battery Trade Secrets Suit
A California federal judge threw out a trade secrets suit brought against Hyundai Motor Co. by a startup company claiming it misappropriated its electric vehicle battery technology and violated a nondisclosure agreement, ruling that the Golden State is not the proper venue for the claims against the South Korean automaker.
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September 25, 2024
Senate Bill Wants CBP To Share More On Counterfeit Products
A new bill in Congress would expressly give U.S. Customs and Border Protection agents the ability to share more "nonpublic information" about allegedly counterfeit products with "any other party with an interest in the merchandise."
Expert Analysis
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Leveraging Policy Changes To Achieve AI Patent Eligibility
With the latest U.S. Patent and Trademark Office guidance in hand and legislation looming in Congress, innovators should file their artificial intelligence patent applications now — and five strategies can maximize their chances of success, says Nicholas Gallo at Troutman Pepper.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Tips For Revamping Patent Portfolio Strategy In AI Deal Era
Recent data suggests patents are significantly enhancing exit valuations, particularly with cutting-edge technologies like those powered by artificial intelligence, but it is necessary to do more than simply align patent strategy with business goals, says Keegan Caldwell at Caldwell Law.
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From Muppet Heads To OJ's Glove: How To Use Props At Trial
Demonstrative graphics have become so commonplace in the courtroom that jurors may start to find them boring, but attorneys can keep jurors engaged and improve their recall by effectively using physical props at trial, says Clint Townson at Townson Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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Takeaways From Virginia's $2B Trade Secrets Verdict Reversal
The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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2 Years Of Waco: How Patent Case Distribution Has Changed
A look at the two years since the Western District of Texas randomization order was issued and an analysis of how judges in the district adjudicate cases assigned pursuant to the Waco wheel provides insights that may aid patent practitioners, says David Dyer at Norton Rose Fulbright.
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How Courts Split On Damages Analysis In Automotive Suits
As high-profile vehicle recalls and lawsuits alleging vehicle defects surge, many plaintiffs are turning to choice-based conjoint analysis to calculate damages, but a review of federal district court decisions reveals a range of views on the validity of this methodology, say Joshua Hochberg and Shireen Meer at Berkeley Research.
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2 Vital Trial Principles Endure Amid Tech Advances
Progress in trial technologies in the last 10 years has been transformative for courtroom presentations, but two core communication axioms are still relevant in today's world of drone footage evidence and 3D animations, say Adam Bloomberg and Lisa Walters at IMS Legal Strategies.
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7th Circ. Ruling Sheds Light On Extraterritoriality In IP Law
A recent Seventh Circuit decision involving the Defend Trade Secrets Act, allowing for broader international application of trade secrets laws, highlights a difference in how trade secrets are treated compared to other areas of intellectual property law, say Armin Ghiam and Maria Montenegro-Bernardo at Hunton.