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May 19, 2025
NCAA Defends Latest NIL Deal Revisions In Bid For Approval
Contrary to claims by some athletes that they will be harmed by roster limitations in a proposed $2.78 billion name, image and likeness settlement, the NCAA has told a California federal judge the latest changes will ensure "beyond a doubt" those athletes are treated fairly.
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May 19, 2025
USPTO Seeks Input On Guidelines For Fighting Online Fakes
The U.S. Patent and Trademark Office published a notice in the Federal Register on Monday requesting comments from intellectual property rights holders, online marketplaces and others on draft guidelines to combat the illicit trade and sale of counterfeit goods on the internet.
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May 16, 2025
Anthropic's AI-Hallucinated Errors Taint Filing, Publishers Say
Music publishers suing Anthropic for copyright infringement accused the artificial intelligence company on Friday of downplaying the seriousness of errors in a filing caused by Anthropic's own Claude AI tool, saying the company's counsel violated a judge's standing order and arguing that the filing at issue should be tossed.
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May 16, 2025
New PTAB Discretionary Denial Era Starts With First 4 Rulings
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart on Friday denied two petitions challenging patents due to upcoming trials but said two others do not warrant denial, in the first orders under a new process whereby she will make all discretionary denial decisions.
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May 16, 2025
Epic Tells Jury Fortnite Concerts Weren't Patent Infringement
Epic Games urged a Seattle jury on Friday to reject allegations that it committed patent infringement when it staged interactive concerts in the Fortnite virtual world starring pop artist Ariana Grande and rapper Travis Scott, contending the accuser has mischaracterized the technology used in the events.
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May 16, 2025
USPTO Seeks Comment On Invention Promoter Complaints
In a Federal Register notice set to be published Monday, the U.S. Patent and Trademark Office said it is seeking comments about how it collects information on complaints about invention promoters, which are companies that promise to help people develop or market their inventions.
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May 16, 2025
Fed. Circ. Backs Apple PTAB Win Over Location-Tracking IP
The Federal Circuit has backed a series of Patent Trial and Appeal Board decisions that found a trio of beacon technology patents were invalid, handing a win to challenger Apple.
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May 16, 2025
Fed. Circ. Makes Apple Face Fintiv Payment IP Again
The Federal Circuit revived Fintiv Inc.'s infringement suit against Apple Inc. over contactless payments Friday, saying the Texas federal judge who freed Apple viewed what evidence is acceptable too narrowly.
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May 16, 2025
9th Circ. Says Lil Nas X Didn't Steal Model's Instagram Poses
The Ninth Circuit upheld the dismissal of a model's lawsuit accusing Lil Nas X of copying his Instagram photos, ruling Friday that the model didn't plausibly allege the musician had "access" to the pictures, as defined by court doctrine.
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May 16, 2025
Illumina Accuses Ex-Workers' Co. Of Infringing Gene Tech IP
Biotechnology giant Illumina Inc. filed a lawsuit Thursday against Element Biosciences in Delaware federal court, accusing the company founded by former Illumina employees of infringing five patents related to automated gene sequencing technology.
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May 16, 2025
Western Digital Agrees To End Patent Suit After $262M Verdict
Data storage giant Western Digital and MR Technologies told a California federal judge Friday they agreed to end a patent dispute that last summer had put Western Digital on the hook for $262.4 million in damages to MR Technologies for infringing patents for increasing storage capacity on disk drives.
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May 16, 2025
Sheeran Fights Supreme Court Review Of Copyright Ruling
Ed Sheeran urged the U.S. Supreme Court to reject an appeal to a decision concluding that his hit song "Thinking Out Loud" did not copy Marvin Gaye's classic "Let's Get it On," arguing the plaintiff wrongly contends that the Second Circuit improperly relied on the U.S. Copyright Office's administrative guidance after justices overturned the Chevron deference.
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May 16, 2025
Off The Bench: NIL Objectors, NFL's Bluesky Beef, Dick's Deal
In this week's Off The Bench, the NCAA's pending $2.78 billion name, image and likeness rights settlement faces another round of objections, the NFL shreds an antitrust suit accusing it of boycotting Bluesky and retail giant Dick's Sporting Goods makes a 10-figure splurge for Foot Locker.
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May 16, 2025
Colo. Consultancy Says Company Ripped Off AI Tool Name
A business consulting services company sued a software development company in Colorado federal court Thursday for allegedly ripping off the trademarked name for its artificial intelligence "change management" tool for its own AI software solutions.
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May 16, 2025
Calif. Atty Caught Using Claim Construction Made Up By AI
A San Francisco-based attorney representing Magpul Industries in patent litigation has been effectively removed from the case after admitting that the claim construction chart he submitted was nearly all fabricated by artificial intelligence.
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May 16, 2025
Merchandising Co., Ex-Exec Drop Suit Over $47M Lowe's Deal
A merchandising company has dropped its lawsuit against a former executive it accused of exploiting trade secrets to sabotage a $47 million deal with home improvement giant Lowe's, according to a stipulation of dismissal filed Thursday.
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May 16, 2025
Patent Owner Urges Justices To Take Telemedicine Case
The owner of a pair of invalidated patents covering medical machinery pushed the U.S. Supreme Court to take up its fight over the patents' eligibility since the government said it planned to argue the patents shouldn't have been invalidated as abstract if the company's petition was granted.
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May 16, 2025
Trump Admin Settles Vaccine Contract Info Suit For $10K
The Trump administration has reached a $10,000 settlement with a consumer advocacy group over allegedly withholding information about the government's billion-dollar contracts with companies that developed and manufactured the COVID-19 vaccine, including Pfizer and Moderna.
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May 15, 2025
Google Leads In Filing The Most AI Patent Applications
Google is outpacing other Big Tech companies like Microsoft and IBM in filing patent applications in the artificial intelligence space, both globally and in the U.S., according to a new report.
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May 15, 2025
Anthropic's Atty Says Client's Own AI Created Error In Filing
A Latham & Watkins LLP associate representing Anthropic in the artificial intelligence company's copyright fight with music publishers said Thursday that she used Anthropic's own Claude.ai tool to help draft an expert's declaration that included an erroneous citation, but she argued the error was "an honest citation mistake and not a fabrication of authority."
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May 15, 2025
NBA Gets Ban On Knockoff Sales Extended
An Illinois federal judge has granted the NBA's licensing arm's request to extend a ban on the sale of counterfeit goods and freeze the alleged culprits' assets amid a copyright infringement suit against the retailers, saying the NBA could be irreparably harmed without court intervention.
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May 15, 2025
X Wants $105M Video Patent Verdict Thrown Out
X Corp. said it wants to undo a Dallas jury's finding from last month that said it owed $105 million for infringing a startup company's video sharing patent, arguing a reasonable jury could not have found the single claim was worth that much.
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May 15, 2025
Bausch, Mylan Settle Patent Suit Over Generic IBS Drugs
The makers of gastrointestinal drug Trulance have resolved their patent lawsuit, which sought to block several Mylan generic drugs from competing with the drug, in a confidential settlement agreement, according to a West Virginia federal court filing.
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May 15, 2025
Snap's Alice Win On Image Search Patents Gets Fed. Circ. OK
The Federal Circuit on Thursday refused to revive a lawsuit accusing Snap of infringing a pair of patents related to image searches, affirming a lower court's decision that the claims were patent ineligible under the U.S. Supreme Court's Alice decision.
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May 15, 2025
Walgreens Settles TM Suit With Founder's Great-Grandson
Walgreen Co. has settled its trademark infringement suit against the great-grandson of the company's founder for his operation of Walgreen Health Solutions LLC, according to a filing Thursday in Illinois federal court.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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The New Playbook For Managing Athlete-Controlled IP
Comparing Luka Dončić's and Lebron James' approaches to establishing and managing their brands highlights a shift toward athlete-controlled IP and some lessons on how players and teams can collaborate to capitalize on athletes' star power, say attorneys at Debevoise.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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China High Court Ruling Could Encourage Antitrust Litigation
Practitioners defending U.S. companies in China should take note of a Chinese Supreme Court ruling that plaintiffs can file suits based on either where the alleged action, or where the result of such action, occurred — which will promote civil litigation by minimizing procedural battles over forum selection, says Yang Yang at Leaqual Law Firm.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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How Amended Rule 702 Affects Testimony In Patent Litigation
In 2023, Federal Rule of Evidence 702 was amended to address the apparent failure of some courts to prevent unreliable expert evidence from reaching a jury, but a statistical analysis of Daubert decisions in 2022 and 2024 shows that courts remain divided about how to apply consistent evidence standards, say attorneys at Perkins Coie.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Navigating The Growing Thicket Of 'Right To Repair' Laws
An emerging patchwork of state laws on the right to repair creates tensions with traditional intellectual property and competition principles, so manufacturers should plan proactively for legal disputes and minimize potential for rival third-party repairs to weaponize state laws, say attorneys at Reed Smith.