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June 25, 2025
Fed. Circ. Won't Revive Inventor's Patent Suit Against Google
The Federal Circuit on Wednesday denied a bid to revive a patent infringement case from a man who says Google's products use aspects of his threat-detection technology.
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June 25, 2025
Copyright Office Won't Collapse Sans Perlmutter, Trump Says
The Trump administration has said the fired leader of the U.S. Copyright Office has not shown that the agency's operations "will grind to a halt" if she is not immediately reinstated and asked a D.C. federal judge to reject her motion for a preliminary injunction.
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June 25, 2025
Meta Beats 'Half-Hearted' Harm Args In AI Fair Use Suit
A California federal judge concluded Wednesday that it was fair for Meta Platforms Inc. to train its Llama large language models with 13 bestselling authors' copyrighted material without their permission, calling their arguments that the tech giant's use of their works would harm the market for their books "half-hearted."
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June 25, 2025
Ex-Google Engineer Nixes Evidence Over Miranda Violation
A California federal judge has ordered that statements a former Google engineer made to federal agents investigating him for espionage and trade secret theft must be suppressed because they violated the Chinese national's Miranda rights.
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June 25, 2025
Stroller Maker Can't Escape Rival's Patent Suit
A Massachusetts federal judge has denied a bid from a baby products company to escape patent infringement claims from a rival, saying the eight years of inaction between the case being filed and when the parties last corresponded about the patent was not enough to reasonably assume that the patent wouldn't be enforced.
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June 25, 2025
Atty's Ex-Wife Tells NC Justices She's Owed Half Firm's Worth
The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution.
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June 25, 2025
Feds Remark On Injunction Bid In IP Suit Against Samsung
Nonpracticing entities are allowed to get preliminary injunctions in patent cases in situations where a patent owner can show that it would be irreversibly harmed without one, the federal government has said in an infringement case against Samsung.
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June 25, 2025
Farm Products Co. Sues Ex-Owner Over Trade Secrets Theft
Agricultural products company AgXplore sued a former owner claiming that after a $100 million buyout he continued to compete with the company and misappropriated its trade secrets.
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June 24, 2025
Wash. Smoke Shop Settles Store Name TM Suit
A Washington smoke chain has agreed to end claims against several rivals it accused of trademark infringement after they allegedly engaged in unauthorized use of its name, Smoke City, so they could trade on the goodwill it had developed with customers.
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June 24, 2025
Anthropic Copyright Ruling May Spur More AI Licensing Deals
The first federal court decision on the fairness of taking copyrighted material to train generative artificial intelligence is a mixed outcome for tech companies and content creators that could prompt both parties to seek coexistence, according to attorneys, with the judge concluding that while the technology is "spectacularly" transformative, using pirated material is inexcusable.
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June 24, 2025
Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.
Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.
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June 24, 2025
Sirius XM Fee Suit Undermined By Site Changes, Judge Hints
A Washington federal judge suggested Tuesday that a proposed class action in which consumers are accusing Sirius XM of charging a misleading "royalty fee" has potentially been undercut by the satellite radio provider's decision in 2024 to change disclosures on its website to reflect music plan pricing in lump sums.
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June 24, 2025
Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban
California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.
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June 24, 2025
Fed. Circ. Adds Groombridge Wu Partner To Advisory Council
The Federal Circuit said Tuesday that it will add Jennifer Wu, a founding partner at Groombridge Wu Baughman & Stone, to an advisory council that studies and makes recommendations to the court's rules and operating procedures.
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June 24, 2025
US Chamber Says Copyright Infringement Costing Billions
A report released Tuesday from the U.S. Chamber of Commerce said copyright infringement is costing the U.S. economy billions of dollars each year and resulting in hundreds of thousands of lost jobs.
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June 24, 2025
Greenberg Traurig Adds Hogan Lovells Tech Litigator In SF
Greenberg Traurig LLP is boosting its intellectual property team, announcing Tuesday that a technology litigator from Hogan Lovells is joining its San Francisco office as a shareholder.
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June 24, 2025
Fed. Circ. Backs Unified Patents' PTAB Win Over Streaming IP
The Federal Circuit refused to revive a pair of claims in a DivX streaming patent, backing a Patent Trial and Appeal Board decision that said challenger Unified Patents was able to show the claims were invalid.
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June 24, 2025
House Reps. Seek Copyright Protections For Building Codes
Two members of Congress reintroduced a bill that would allow organizations that develop standards and codes for buildings to copyright their work so long as they offer a free version of the information.
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June 24, 2025
Anthropic Can Train AI On Books But Faces Trial On Pirating
A California federal judge said artificial intelligence firm Anthropic can use books to train its LLM under the principle of fair use, but said the company would go to trial against a group of authors over the storage of millions of pirated books.
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June 24, 2025
Pet Product Co. Eyes Sanctions For Competitor In IP Row
A pet products company asked a Connecticut federal judge to sanction a competitor for allegedly evading service and contradicting itself in its arguments during the parties' dispute over a pet grooming tool patent, arguing the rival firm has wasted time and disrespected the judicial process.
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June 23, 2025
Palantir Reaches Deal With Ex-Employees In AI Secrets Case
Palantir Technologies Inc. has reached a settlement with former employees it accused of stealing trade secrets to launch a competing artificial intelligence business, according to a notice asking a New York federal judge to let Palantir permanently dismiss its claims.
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June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar
A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
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June 23, 2025
X Nears Deal In Contract, Antitrust Fight With Data Scraper
A California federal judge overseeing litigation launched by X Corp. accusing data scraper Bright Data Ltd. of improperly accessing its servers granted the parties' request to stay the case after receiving a joint stipulation stating they'd reached a settlement in principle and were "working diligently" to finalize the deal.
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June 23, 2025
Western Digital Gets $553M Patent Judgment Slashed To $1
A California federal judge has agreed to wipe out a $553 million verdict against Western Digital for infringing a SPEX Technologies Inc. data security patent, instead finding that Western Digital owes just $1, according to an order docketed Monday.
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June 23, 2025
DraftKings Social Media Exec Agrees To Delete Rival's IP
A social media director at DraftKings has agreed to delete alleged trade secrets from his personal ChatGPT account, which his former employer, rival PrizePicks, alleged he stole before changing employers.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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A Look At Drug Price Negotiation Program's Ongoing Impact
More than two years after the passage of the Inflation Reduction Act and the rapid implementation of the drug price negotiation program, attorneys at Ropes & Gray discuss how the IRA has influenced licensing strategies, and how maximum fair prices under the law have economically affected certain drugs.
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Opinion
Congress Must Consider Accurate Data About Patent Thickets
If Congress revisits a controversial bill this year aimed at limiting the number of patents pharmaceutical manufacturers could assert, it must make sure to act based on accurate reports — such as a recent U.S. Patent and Trademark Office study that found no evidence of patent thicketing, says David Kappos at the Council for Innovation Promotion.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Opinion
DOGE Should Address Inefficiency In The Patent Marketplace
Elon Musk's Department of Government Efficiency is well positioned to identify to Congress the necessary variability needed among individual patent rights, ensuring that the U.S. Patent and Trademark Office's current inefficiencies do not impede promising inventions from reaching the market, says John Powers at Powers IP.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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IP, Licensing, M&A Trends To Watch In Life Sciences This Year
2025 promises to continue an exciting trajectory for the life sciences industry, with major trends ranging from global harmonization of intellectual property to cross-border licensing activity and an increase of nontraditional financial participants in the mergers and acquisition space, say attorneys at Morgan Lewis.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Drug Pricing Policy Trends To Expect In 2025 And Beyond
Though 2025 may bring more of the same in the realm of drug pricing policy, business as usual entails a sustained, high level of legal and policy developments across at least six major areas, say attorneys at Ropes & Gray.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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FDA's Red No. 3 Ban Reshapes Food Safety Legal Landscape
The U.S. Food and Drug Administration's recent ban on Red No. 3 represents more than the end of a controversial dye — it signals a shift in regulatory priorities, consumer expectations, intellectual property strategy, compliance considerations and litigation risk, says Dino Haloulos at Foley Mansfield.