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January 29, 2025
USPTO Backlog 'Unacceptable,' Trump's Commerce Pick Says
Commerce secretary nominee Howard Lutnick said at his confirmation hearing Wednesday that the U.S. Patent and Trademark Office's backlog of unexamined patent applications is "unacceptable," and pledged to work to reduce it so that patents are issued more quickly.
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January 29, 2025
LG Foe Loses Fed. Circ. Appeal On Image Processing Patent
The Federal Circuit shot down an appeal launched by a face detection technology patent owner over how a lower court construed claim terminology in the patent, handing a win Wednesday to LG in a suit accusing it of infringement.
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January 29, 2025
GOP Sen. Wants 'New' FCC To Review Soros-Audacy Deal
Now that the Federal Communications Commission is under Republican leadership, one Republican senator wants the new chair to review the agency's decision to approve Soros Fund Management's acquisition of an ownership interest in radio station owner Audacy.
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January 29, 2025
Comet Lands $17M Fee Award After $40M Trade Secret Win
A California federal judge has ordered Singapore-headquartered XP Power to pay $17 million to Comet Technologies USA for the tech company's legal fees in the wake of Comet's $40 million trial win, saying the award will deter "malicious trade secret misappropriation" and "encourage trade secret defendants to make reasonable litigation decisions."
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January 29, 2025
Tom Goldstein Seeks To Shield DC Home In Tax Crimes Case
Appellate lawyer and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Wednesday if he could put up three South Carolina properties as collateral for his pretrial release in place of his Washington, D.C., home as he faces charges of tax evasion and mortgage fraud.
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January 29, 2025
SCOTUSBlog Publisher Faces Tough Odds In Tax Crimes Case
SCOTUSblog publisher Tom Goldstein, an expert U.S. Supreme Court lawyer accused of paying gambling debts with funds from his law firm and dodging taxes, faces an uphill battle given the considerable amount of evidence the government has already included in an indictment against him, attorneys told Law360.
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January 29, 2025
4 Questions About Trump's Federal Worker Resignation Policy
President Donald Trump’s offer of letting federal workers resign with several months of paid administrative leave raises questions about its legality and whether workers will actually get paid, attorneys said. Here, Law360 explores four questions that stem from the policy.
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January 29, 2025
Retailers Back Intel, OpenSky In VLSI IP Fight At Fed. Circ.
A retail trade association has urged the Federal Circuit to affirm the U.S. Patent and Trademark Office's decision not to throw out a challenge to a VLSI chip patent that ended up being invalidated, saying there was nothing wrong with allowing Intel to join the fight.
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January 29, 2025
Texas-Led States Can Sue Google, Ad Tech Judge Says
A Texas federal judge refused to toss a state enforcer coalition's lawsuit accusing Google of monopolizing the display advertising placement technology market, rejecting Google assertions that the states lack standing to sue on behalf of their citizens in a case where trial now appears likely to be delayed.
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January 29, 2025
Jenzabar Tells Del. Justices Investor Delay Sinks $26M Award
An attorney for the founder of a higher education software company told Delaware's Supreme Court on Wednesday that shareholders moved too late to recover on claims they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice that they could invest in a follow-on opportunity.
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January 29, 2025
Exail Escapes Suit Challenging Award In Aerospace Feud
A Manhattan federal judge on Wednesday dismissed a case brought by two units of French aerospace firm Safran hoping to nix an arbitral award to Exail Technologies, saying the latter company was right that it had not been given proper notice of the case.
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January 29, 2025
Ga. Appeals Panel Backs $657K Default Against Korean IT Co.
The Georgia Court of Appeals has declined to set aside a $657,000 default judgment entered against a South Korean technology firm that protested it was improperly served with the suit, ruling Tuesday that international law, rather than Georgia's, governs the procedure.
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January 29, 2025
9th Circ. Halts Calif. Social Media Addiction Law For Appeal
The Ninth Circuit stayed a slew of California limitations on social media platforms aimed at curbing addiction among young people, temporarily siding with a tech industry lobbying group arguing that the state law runs afoul of First Amendment speech protections.
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January 29, 2025
Technology Group Of The Year: Weil
Weil Gotshal & Manges' tech lawyers litigated antitrust issues over Microsoft's $69 billion takeover of Activision Blizzard, defended Apple from customers who claimed they were scammed by an app they downloaded from the App Store, and handled the bankruptcy of a major bitcoin miner, earning the firm a spot among the 2024 Law360 Technology Groups of the Year.
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January 29, 2025
Tribal Leaders Call Funding Freeze A 'Step In Wrong Direction'
Native American nonprofit groups and tribal leaders are weighing the effects of the Trump administration's possible federal funding freeze, calling the president's directive, which was revoked on Wednesday, shocking and vowing to bring legal action if necessary to protect Indian Country and the nation's Indigenous citizens.
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January 29, 2025
Uber Can't Duck Mass. Tech Company's Trade Secrets Suit
A Massachusetts state judge ruled Wednesday that a forum selection clause can't protect Uber from answering claims that it stole a Boston technology company's trade secrets after partnering with it on rider safety pilot projects in Brazil.
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January 29, 2025
Trump's Commerce Nominee Backs Maximalist Tariff Approach
President Donald Trump's nominee to lead the U.S. Department of Commerce voiced support for an expansive use of tariffs Wednesday, repeatedly telling lawmakers that new levies should be imposed to correct the "disrespect" U.S. businesses face in overseas markets.
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January 29, 2025
AI Art Needs Human Input For Copyrights, Gov't Report Says
Simply directing artificial intelligence platforms to make art, music, videos and other creative works is not enough for users of AI systems to be considered authors entitled to copyright protection, the U.S. Copyright Office said Wednesday in a report that's part of a broader agency initiative to explore legal issues raised by the revolutionary technology.
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January 28, 2025
Jury Clears LED Distributor Of Korean Co.'s Fraud Claims
A California federal jury returned a verdict Tuesday clearing the head of a now-defunct LED screen distribution company of allegations that he lied to his Korean manufacturing partner about efforts to repay millions of dollars worth of mounting debts.
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January 28, 2025
Trade Groups Dial Up Push For Congress To Pass Privacy Law
A broad coalition of business trade groups on Tuesday called on the newly installed Congress to enact a national data privacy framework that would preempt state laws, arguing that the move was necessary to promote competition and boost consumer confidence in the current age of rapid technological innovation.
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January 28, 2025
GigaCloud Partially Escapes Suit Over Revenue, Tech Claims
GigaCloud Technology Inc. and its top brass have partially escaped a proposed class action alleging it misrepresented its operating metrics and revenues and use of artificial intelligence, with a New York federal judge saying that a federal securities law violation "cannot be premised upon a company's disclosure of accurate historical data."
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January 28, 2025
OPM Hit With Suit Asserting Email System Privacy Concerns
Two federal employees lodged a putative class action against the Office of Personnel Management in Washington, D.C., federal court challenging a new centralized messaging system, citing an online claim that agencies were instructed to send worker information to the OPM's new chief of staff, a former Elon Musk employee.
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January 28, 2025
Intuitive Beats $140M Antitrust Case Ahead Of Closings
A $140 million antitrust case against Intuitive Surgical Inc. took a dramatic turn toward the close of trial Tuesday when a California federal judge threw out all claims against Intuitive and discharged the jury, citing the lack of evidence of an aftermarket under the Ninth Circuit's recent Epic Games v. Apple ruling.
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January 28, 2025
'Pencils Down' For Meta, Netflix Antitrust Case In Ill.
Meta Platforms Inc., Netflix and a proposed class of consumers claiming the companies cut an illegal deal ceding the video streaming market to Netflix can wait to continue litigating their case until a California federal judge mulls summary judgment over similar claims out west, an Illinois federal judge said Tuesday.
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January 28, 2025
Chancery Nixes TRO in Jenzabar Stock Buyback Dispute
Investors in an educational software venture mired in Delaware Court of Chancery litigation dating to 2009 lost an 11th-hour effort to broaden the latest case on Tuesday, with a vice chancellor noting that the state Supreme Court is set to take up an appeal in the already decided action on Wednesday.
Expert Analysis
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Trump's 2nd Term May Be A Boost To Banking Industry
President-elect Donald Trump's personnel appointments could be instrumental in reshaping the financial regulatory landscape during his second administration, likely allowing for greater merger activity and halting or undoing some of the Biden administration's more restrictive financial services policies, say attorneys at Debevoise.
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9 Considerations Around Proposed Connected Vehicle Ban
Stakeholders should consider several aspects of the U.S. Department of Commerce's recent proposal to ban U.S. imports and sales of vehicles incorporating certain connectivity components made in China or Russia, including exempted transactions and vehicle hardware imports, say attorneys at Blank Rome.
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Legislation Most Likely To Pass In Lame Duck Session
As Congress begins its five-week post-election lame duck session, attorneys at Greenberg Traurig break down the legislative priorities and which proposals can be expected to pass.
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What Trump's 2nd Presidency Could Mean For Crypto Sector
Trump's second term will bring a fundamental shift from the Biden administration's approach to crypto-asset regulation and banking supervision, with the most significant changes likely taking effect in the first two quarters of 2025 and broader policy shifts emerging over the next year, say attorneys at Cahill.
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Putting NYDFS AI Cybersecurity Guidance Into Practice
New guidance from the New York Department of Financial Services explains how financial institutions should assess and mitigate cybersecurity risks associated with artificial intelligence, focusing on four main threats and highlighting how varying environments require specific mitigation measures, say attorneys at Saul Ewing.
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Copyright Questions Surround AI Music Platform Suits
If recent lawsuits filed by the Recording Industry Association of America against two artificial intelligence music platform developers — who maintain that use of copyrighted works to train AI models constitutes fair use — go to trial, this novel issue will make for potentially precedent-setting decisions, says intellectual property lawyer Eric Lane.
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Litigation Strategies In View Of New Double Patenting Rulings
Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Tracking The Slow Movement Of AI Copyright Cases
The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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What New Int'l Treaty Means For Global AI Regulation
Lawyers at Bird & Bird consider how global artificial intelligence regulation will be affected by the first international AI treaty recently signed by the U.S., EU and U.K., as well as its implications for business and several issues that stakeholders should be aware of.
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How The Presidential Election Will Affect Workplace AI Regs
The U.S. has so far adopted a light-handed approach to regulating artificial intelligence in the labor and employment area, but the presidential election is unlikely to have as dramatic of an effect on AI regulations as it may on other labor and employment matters, say attorneys at Littler.