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June 16, 2025
AI Cos. Hit With Fresh IP Claims From Independent Artists
An independent country singer has filed a pair of proposed copyright infringement class actions against artificial intelligence-generated music companies Udio and Suno, claiming that independent artists — not major labels — are the ones whose "rights have been trampled the most."
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June 16, 2025
Garbage-Truck Maker, Ex-Exec Stole Trade Secrets, Jury Told
Counsel for a fleet management technology firm told an Illinois federal jury Monday afternoon that a garbage-truck manufacturer it worked with to develop a system for monitoring waste-hauling vehicles breached their contract when it poached one of its executives and used confidential information he brought with him to build a competing product.
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June 16, 2025
Faulty Gilstrap Instructions Sink $300M Apple Patent Verdict
The Federal Circuit on Monday vacated a $300 million patent infringement jury verdict against Apple, saying the technology company's right to a unanimous verdict was violated by an Eastern District of Texas judge's instructions that lumped all asserted patents into one bulk infringement question.
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June 16, 2025
US Nabs Man In Fake 5-Hour Energy Plot After Decade On Run
A Mexican national entangled in a sprawling indictment accusing 11 people of producing and selling millions of counterfeit bottles of 5-Hour Energy drinks in a long-running criminal scheme has been extradited from Italy and made his initial appearance in California federal court Friday, after being a fugitive for the last decade.
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June 16, 2025
Fed. Circ. Reverses False Ad Verdict Against ThermoLife
The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.
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June 16, 2025
TM Registration Co. Sanctioned Over Attorney Signatures
A Mumbai-based business that offers trademark registration services was blocked by the U.S. Patent and Trademark Office from submitting any more trademark documents, after an investigation found it forged counsel signatures.
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June 16, 2025
Brewer, Tequila Co. Settle 'Dragon's Milk' TM Fight
A Michigan federal judge on Monday dismissed a trademark dispute between a brewing company and a tequila company that the brewer had sued over its "Dragon's Milk" name, after the parties reached a settlement.
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June 16, 2025
Fed. Circ. Urged To Jump In Over Fintiv Memo Withdrawal
SAP America wants the Federal Circuit to rein in the effects of the U.S. Patent and Trademark Office decision to rescind a 2022 memo regarding when the Patent Trial and Appeal Board may deny review of patents based on parallel litigation.
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June 16, 2025
Gaming Cos. Settle Gambling Software IP Claims
Settlements continue to trickle in for a sweepstakes and casino game maker over a huge copyright and trademark infringement suit in which it alleges dozens of companies and individuals in North Carolina used and profited from its gambling software without a license.
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June 16, 2025
Water Filter Co. Seeks Help Getting Clorox's Deleted Emails
A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.
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June 16, 2025
Taxi Payment Business Accuses Ex-Director Of Copying App
A company providing card payment services to taxi drivers has accused a former director of breaching his duties and infringing its copyright by poaching senior developers to set up a rival payment system.
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June 16, 2025
AI Legal Tool Co. Allegedly Misuses Litigants' Names For Ads
A group of litigants from California and Washington has filed a suit against legal technology firm UniCourt Research Inc. in federal court, alleging the company used details about their disparate case to promote its software subscription.
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June 16, 2025
High Court Skips Laches Question In Trademark Disputes
The U.S. Supreme Court on Monday declined to take up an appeal that asked if it is proper for courts to adopt state statutes of limitations in trademark disputes to determine whether a party took too long to sue.
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June 16, 2025
Justices Deny Challenge To Copyright's 'Discovery Rule'
The U.S. Supreme Court said Monday it will not revisit the so-called discovery rule, rejecting an appeal from a shoe designer who argued the justices needed to clarify whether it's appropriate to bring copyright claims outside the three-year statute of limitations.
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June 16, 2025
Justices Won't Review Ed Sheeran's 'Thinking Out Loud' Win
The U.S. Supreme Court on Monday denied a petition to review a ruling finding that Ed Sheeran's hit song "Thinking Out Loud" did not rip off Marvin Gaye's "Let's Get It On."
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June 16, 2025
High Court Skips NexStep's Patent Fight With Comcast
The U.S. Supreme Court on Monday rejected NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated patent law's doctrine of equivalents.
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June 16, 2025
Justices Again Refuse To Hear Trading Tech's Patent Case
The U.S. Supreme Court on Monday refused to reconsider its April decision not to hear Trading Technologies' appeal seeking to boost its $6.6 million trading patent win after the company claimed new developments and patent eligibility legislation warranted taking the case.
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June 13, 2025
Stewart Releases Flood Of Discretionary Denial Decisions
The acting U.S. Patent and Trademark Office director issued more than a dozen discretionary denial decisions on Thursday and Friday, where she ruled largely in favor of the challenger, made clear that challenges to young patents have a huge advantage and brought in a denial based on assignor estoppel.
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June 13, 2025
Google Defeats $1.3B Contract Case Over Advertising Tech
A California state jury has rejected a company's breach of contract case that accused Google of misappropriating information about its digital advertising technology to build similar products, ending the suit that had sought $1.3 billion in damages.
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June 13, 2025
NY Judge Rejects 'Walkaway' Deal In Van Gogh IP Suit
A New York federal judge has denied a proposed "walkaway" settlement in an intellectual property lawsuit brought against a Miami cafe named after Vincent van Gogh, after the suing company sought to confirm an agreement in principle was reached even though talks later stalled.
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June 13, 2025
Microsoft Settles Email Encryption Patent Case Ahead Of Trial
Microsoft reached a deal to end a software developer's 2022 patent infringement lawsuit targeting its email encryption feature, the parties have told a federal judge in Washington state, a few days before the case was set to reach trial Monday.
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June 13, 2025
9th Circ. Renews Copyright Claims In Software Cos. Fight
A Ninth Circuit panel has partially revived an intellectual property dispute between software companies Cloanto Corp. and Hyperion Entertainment, ruling that the lower court erred in tossing Cloanto's copyright claims while correctly axing its breach of contract claim.
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June 13, 2025
OpenAI, Altman Slam Attempt To Block 'IO' Name
OpenAI and its CEO Sam Altman have fired back at technology company IYO Inc.'s effort to bar their use of the IO Products Inc. name, arguing its claims are "insufficiently ripe" as the company hasn't provided evidence of the name being used in commerce or the likelihood of confusion.
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June 13, 2025
Red Hat Keeps Suit Against Software Patent Owner Alive In NC
A North Carolina federal judge has refused to dismiss a lawsuit accusing a Texas-based patent owner of trying to extort a license from software company Red Hat Inc., finding the court has authority to hear the dispute.
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June 13, 2025
Ga. Medical Co. Accused Of Infringing Swedish Co.'s Patents
A Swedish medical device company has sued Georgia-based MedWay Group Inc. in federal court for allegedly infringing its patents for foam dressings used in wound care and management.
Expert Analysis
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Opinion
2 Errors Limit The Potential Influence Of AI Fair Use Case
The recent opinion in Thomson Reuters v. ROSS Intelligence may have little predictive value for artificial intelligence litigation, because the decision failed to engage with an important line of case law on intermediate copying, and misapplied the concepts of commercial substitution and superseding use, says Brandon Butler at Jaszi Butler PLLC.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What Reuters Ruling Means For AI Fair Use And Copyright
A Delaware federal court's recent decision in Thomson Reuters v. ROSS Intelligence is not likely to have lasting effect in view of the avalanche of artificial intelligence decisions to come, but the court made two points that will resonate with copyright owners who are disputing technology companies' unlicensed use of copyright-protected materials to train generative AI models, says David Ben-Meir at Ben-Meir Law Group.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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9th Circ. Draws The Line On Software As A Derivative Work
The Ninth Circuit's recent decision in Oracle International v. Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics
Looking at stats from the Federal Circuit's decisions in 219 Patent Trial and Appeal Board appeals last year sheds light on potential trends and strategy considerations that could improve appeals' chances of success, say attorneys at Finnegan.
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Opinion
Admin Change May Help Reduce PTAB Invalidation Rates
It is not good for the U.S. patent system that the Patent Trial and Appeal Board finds all challenged claims to be unpatentable 70% of the time — but new leadership at the Commerce Department and U.S. Patent and Trademark Office may foster pro-patent policies and provide some relief, says Stephen Schreiner at Carmichael IP.