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Intellectual Property
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February 13, 2025
PQA Loses Bid To Fight VLSI's Extortion Claims In Fed. Court
Patent Quality Assurance LLC must return to state court to face a suit claiming it had extortionary intent when challenging VLSI Technology's chip patent, a Virginia federal judge held Thursday.
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February 13, 2025
Fed. Circ. Revives Drill Bit Patent ITC Found Abstract
The U.S. International Trade Commission erred when invalidating US Synthetic Corp.'s patent for a compound used in diamond drill bits for not meeting eligibility standards, the Federal Circuit said Thursday.
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February 13, 2025
Mallinckrodt Fails To Halt Airgas' Generic Nitric Oxide Drug
A Delaware federal judge has rejected Mallinckrodt Pharmaceuticals' attempt to block French industrial gas company Airgas Healthcare from selling a generic version of its inhaled nitric oxide treatment, saying Mallinckrodt didn't show enough evidence that Airgas infringed its patents or that it would suffer irreparable harm.
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February 13, 2025
Artists, AI Image Cos. At Odds Over Scale Of Depositions
Artists in a proposed artificial intelligence copyright infringement class action against four companies that make or distribute software creating images with text prompts are at odds with the defendants over how many of their witnesses they should be allowed to depose, according to a filing in California federal court.
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February 13, 2025
NC Biz Court Bulletin: Defaulted Notes, EB-5 Investor Fraud
The North Carolina Business Court has been handed in the first half of February a receivership case involving a defaulted $17.5 million promissory note, a fraud suit by Chinese EB-5 investors and a request to depose the chief legal officer of Smithfield Foods Inc.
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February 13, 2025
Jury Clears Cisco In IP Trial Over Routers, Axes Patent
A patent licensing company has failed for a third time to land a successful infringement lawsuit in the Western District of Texas, after a jury rejected its $19.3 million case against Cisco.
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February 13, 2025
Mass. Auto Telematics Data Law Not Preempted, Judge Says
A Boston federal judge's dismissal of an auto industry group's challenge to a Massachusetts vehicle telematics data law centered on a limited interpretation of the statute's reach and the lack of a clear conflict with federal laws, according to an order unsealed Thursday explaining the decision.
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February 13, 2025
Punchbowl Inc. Drops Appeal In Punchbowl News TM Feud
Massachusetts-based greeting card and event planning business Punchbowl Inc. has dropped its Ninth Circuit appeal of a California federal judge's August decision tossing the trademark infringement claims it leveled against the publication Punchbowl News.
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February 13, 2025
Conde Nast, Politico Are Latest To Bring AI Copyright Fight
Conde Nast, Politico LLC and other publishers and news organizations on Thursday hit artificial intelligence company Cohere Inc. with a copyright infringement lawsuit in New York federal court, the latest salvo in the high-stakes battle over AI companies' use of published materials to train their models.
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February 13, 2025
Sidley Adds White & Case Litigators In Chicago
Sidley Austin LLP has grown its litigation offerings in Chicago with the addition of two former White & Case LLP partners, one of whom served as the leader of that firm's Windy City office.
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February 13, 2025
Goldstein Freed As Judge Doubts Feds' Crypto Claims
A Maryland federal magistrate judge on Thursday ordered Tom Goldstein released from jail after expressing skepticism toward federal prosecutors' claims that the SCOTUSblog publisher and U.S. Supreme Court advocate secretly made millions of dollars' worth of cryptocurrency transactions in recent days.
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February 12, 2025
Judge Finds No Infringement In Alcon's Eye Drop Patent Suit
Alcon Inc. has failed to persuade a Delaware federal court to block the release of a generic glaucoma treatment that would compete with a brand of eye drops the company sells.
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February 12, 2025
Bausch Health Beats Suit Over 'Faking' Financial Stability
Pharmaceutical company Bausch Health Cos. Inc. and its top brass have beaten, for now, a proposed class action accusing them of misleading shareholders about threats to the company's financial stability, with a New Jersey federal judge finding Wednesday that most of the challenged statements in the complaint are inactionable.
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February 12, 2025
Labcorp Can't Score New Trial After $384M Patent Loss
Clinical lab giant Labcorp has failed to land a new trial in front of U.S. District Judge Alan Albright after a $384.4 million patent infringement judgment against it in a case over a method for testing for genetic disorders during pregnancy.
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February 12, 2025
ITC To Review If Voltage Infringes Shoals' Solar Patents
About a month after Shoals Technologies Group filed a patent infringement complaint against North Carolina solar provider Voltage LLC and a Chinese manufacturing company, the U.S. International Trade Commission voted Tuesday to investigate the entities' importation and sale of accused photovoltaic trunk bus cable assemblies and their components.
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February 12, 2025
Ex-Schwab Employee Enjoined From Using Client Info
A Texas federal judge on Wednesday barred a former Charles Schwab employee from using the brokerage firm's allegedly stolen client information, requiring him to return all records and submit any devices with relevant materials for forensic examination.
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February 12, 2025
Copyright Office's Economist Report Chimes In On AI Debate
A report released Wednesday by a group of economists convened by the U.S. Copyright Office explores the complicated — and sometimes fraught — economic considerations at the heart of the debate over copyright policy and artificial intelligence.
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February 12, 2025
USPTO Ends Fast Exams Of Patents Targeting Climate Change
The U.S. Patent and Trademark Office has suspended a program that sped up examination of patent applications for inventions that are intended to mitigate climate change, saying any future petitions to participate in the program will not be granted.
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February 12, 2025
Western Digital Told To Pay $553M Sooner Rather Than Later
Hard drive manufacturer Western Digital now has less than seven days to put up over half a billion dollars to satisfy a patent judgment after a California federal judge said he "has concerns about potential corporate restructuring."
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February 12, 2025
Albertsons To Face Reduced Claims Over Tech Theft
A Washington federal judge has cleared software company Replenium Inc. to pursue trade secret and promissory estoppel claims against Albertsons, finding it plausibly alleged the grocer misused confidential information from their software partnership to build a competing auto-replenishment platform.
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February 12, 2025
Fried Frank Faces Sanctions Bid Over RICO Suit
Fried Frank Harris Shriver & Jacobson LLP and its client, Tristar Products Inc., are facing a sanctions bid for bringing a RICO lawsuit against Telebrands Corp., with the defendant saying the complaint makes the company and its attorney seem like "alleged criminal masterminds."
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February 11, 2025
Trump Tells Agencies To Plan 'Large-Scale' Cuts With Musk
President Donald Trump signed an executive order Tuesday that directs agencies to prepare for "large-scale" cuts to the federal workforce and gives Elon Musk's Department of Government Efficiency the authority to approve the future hiring of career officials.
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February 11, 2025
Medtronic, Axonics Agree To End Bladder Control Patent Fight
A California federal judge on Tuesday agreed to permanently dismiss Medtronic's long-running dispute accusing Axonics of infringing its patents related to its bladder and bowel control device, three months after Medtronic sought a new trial in the case following a verdict where a federal jury found no infringement by Axonics.
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February 11, 2025
High Court Urged To Skip Amazon Patent Program Fight
A maker of electric outlet covers has told the U.S. Supreme Court that a jurisdictional victory it scored last year at the Federal Circuit over patent infringement allegations initially brought through Amazon's patent evaluation program was "unremarkable" and should not be considered further.
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February 11, 2025
Teva Says Mixed Coreg Rulings Undermine GSK Damages Bid
Teva Pharmaceuticals has urged a Delaware federal judge to reject GlaxoSmithKline's request to enhance a $235 million infringement award over a skinny label version of GSK's cardiovascular drug Coreg, saying judges at all levels of courts made clear the case wasn't open and shut.
Expert Analysis
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Trademark Food For Thought When Rebranding
Brand makeovers like the one underway by Campbell Soup Co. can have a significant effect on a company's intellectual property rights, particularly as it relates to their trademarks, but with thoughtful strategizing, companies can anticipate seamless rebrands and hopefully avoid becoming cautionary tales, says Annie Allison at Haynes Boone.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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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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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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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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The Key To Solving High Drug Costs Is Understanding Causes
One-sided views on who or what contributes to the high cost of pharmaceuticals render possible solutions much harder to discover and implement, and a better approach would be to examine history and learn why costs have increased and what legislation has and hasn't helped, says Nancy Linck at NJ Linck Consulting.
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Challenges Of Insuring An NIL Collective
Sarah Abrams at Baleen Specialty examines the emergence of name, image and likeness collectives for student-athletes, the current litigation landscape that has created a favorable environment for these organizations, and considerations for director and officer insurers looking to underwrite NIL collectives.
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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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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.