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Technology
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July 16, 2025
Property Evaluation Patent Case Allowed To Move Forward
A federal judge has refused to toss a suit claiming an artificial intelligence property risk assessment company infringed patents used to evaluate properties, saying the patents cleared the U.S. Supreme Court's Alice test.
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July 16, 2025
With Discretionary Denials, PTAB Accepting Fewer Petitions
The rate of patent challenges accepted by the Patent Trial and Appeal Board is still declining, with data for July showing a sharp decrease in the institution rate following major changes in board practice, according to data shared at a Sterne Kessler Goldstein & Fox PLLC webinar Wednesday.
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July 16, 2025
Gilgo Beach Killer Case Puts New DNA Science To The Test
The only physical evidence linking the Gilgo Beach serial killings to the defendant, Rex Heuermann, are five hairs that could only be analyzed via a newer technique known as whole genome sequencing, but as the court decides whether the science is jury ready, experts are divided.
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July 16, 2025
Meta Wanted To Shield Zuckerberg From FTC Suit, Chancery Told
A former Facebook director testified Wednesday that company directors resisted federal efforts to include CEO Mark Zuckerberg as a defendant in a privacy breach suit that settled for $5 billion in 2019, starting a Delaware trial on a derivative stockholder suit to recover the payout.
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July 16, 2025
Amazon Beats Class Suit Over Prime Video Ads For Good
A Washington federal judge has permanently ended a proposed class action against Amazon.com Inc. over the introduction of commercials on the company's Prime Video streaming service, reiterating on Wednesday her prior ruling that the company's subscriber terms permitted the change.
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July 16, 2025
AI Tools Taking On Bigger Role In USPTO Patent Examination
The U.S. Patent and Trademark Office is expanding how artificial intelligence is used in patent examination, adding an image search tool that design patent examiners will soon be trained on to existing tools for utility patent examiners, officials said at a Wednesday event.
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July 16, 2025
Ex-Tech Exec Says Ga. Law Can't Hold Her To Trade Secrets
An ex-vice president of Georgia-based software firm Trinoor LLC said Tuesday that a trade secrets suit from her former company should be thrown out over contradictory language about which state's law ought to govern the spat.
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July 16, 2025
Hawley Accuses AI Cos. Of Largest IP Theft In US History
U.S. Sen. Josh Hawley condemned artificial intelligence developers accused of using pirating sites to obtain training material for their AI models, calling the claims part of "the largest intellectual property theft in American history" during a hearing Wednesday.
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July 16, 2025
FCC Looks To Streamline Regs For Enviro Reviews
The Federal Communications Commission expects to move a plan forward in August that would overhaul its rules for scrutinizing telecom and broadband projects under the National Environmental Policy Act.
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July 16, 2025
House Panel Urged To Modernize Tax Rules For Digital Assets
Congress needs to create tax rules for digital assets such as cryptocurrency and nonfungible tokens because the current regime is burdensome for businesses and pushing development out of the U.S., industry representatives told a House Ways and Means Committee subcommittee Wednesday.
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July 16, 2025
NBA Bolsters Case For Justices To Review VPPA Scope
The NBA is amplifying its push for the U.S. Supreme Court to review a Second Circuit decision that revived a Video Privacy Protection Act suit against the league for sharing user data, saying appellate courts have splintered on the issue since it filed its March petition.
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July 16, 2025
Charter, Cox Ask FCC To Approve $34.5B Combination
Charter Communications and Cox Communications asked federal telecom regulators this week to approve their $34.5 billion megadeal to combine into a broadband, video and mobile services behemoth.
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July 16, 2025
BOE Misappropriated Samsung Trade Secrets, ITC Judge Finds
A U.S. International Trade Commission judge has found that China's BOE Technology misappropriated Korean-based Samsung Display Co. Ltd.'s trade secrets for device screens.
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July 16, 2025
DOJ Tells FCC Terminals Critical To Undersea Cable Security
The U.S. Department of Justice is calling for new Federal Communications Commission rules to better protect undersea cable systems from foreign adversaries, saying cable licensees should have to report information about nonlicensee entities that operate equipment on submarine cables landing in the U.S.
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July 16, 2025
Dems Ask FCC To Drop CBS Probe, Cite Fox 'Double Standard'
U.S. Senate Democrats are calling on the Federal Communications Commission to drop its probe into alleged news distortion at CBS, claiming there's a "double standard" based on a Fox News interview with President Donald Trump last year about the Jeffrey Epstein case.
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July 16, 2025
Tech Co. Can't DQ MoFo In IP Suit After Perkins Coie Ouster
A California federal judge denied on Wednesday a motion by the biometric security company FaceTec to disqualify Morrison & Foerster LLP from representing a competitor in its ongoing patent infringement lawsuit.
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July 16, 2025
Calif. Senate Won't Tackle Consumer Internet Cap
State legislation to limit how much companies can charge consumers for internet service in California has been pulled from consideration in the state's Senate, for now, the bill's sponsor told Law360 Wednesday.
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July 16, 2025
WilmerHale Can't Stay As Verizon's Attys In Texas Patent Trial
A federal judge in Texas has sided with a magistrate judge who found that a pair of WilmerHale lawyers representing Verizon in a dispute with Headwater Research LLC should be disqualified because the firm previously represented the owner of the patents at issue.
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July 15, 2025
Auto Dealership Software Biz Must Face Rival's Monopoly Suit
A California federal judge Tuesday denied Texas tech company CDK Global's bid to dismiss a lawsuit accusing it of cornering the auto dealership management software market, saying its rival, Tekion, plausibly alleged that CDK holds a monopoly power and made it hard for dealerships to switch to competing platforms.
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July 15, 2025
MaxLinear, Silicon Motion Beat Suit Over Failed $3.8B Merger
A California federal judge on Tuesday threw out a proposed class action that accused semiconductor company MaxLinear and chipmaker Silicon Motion of misleading investors about a $3.8 billion merger that fell through, saying Silicon Motion shareholders couldn't sue MaxLinear or prove that Silicon Motion knew about an alleged breach of the merger agreement.
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July 15, 2025
GTCR Seeks Rival's Sales Data To Counter FTC Challenge
The private equity firm looking to buy medical device coating company Surmodics is seeking Salesforce data from another competitor in the space, saying the information is crucial to showing that the industry will still be competitive if its acquisition is cleared.
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July 15, 2025
Interactive Brokers To Pay OFAC $11.8M For Sanctions Lapses
Interactive Brokers LLC has agreed to pay more than $11.8 million to settle allegations from the U.S. Department of the Treasury's trade sanctions enforcement arm that the electronic broker-dealer violated various sanctions programs over a period of more than seven years.
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July 15, 2025
IP Owner Orgs Urge Fed. Circ. To Reject Fintiv Memo Appeal
Organizations representing startups and other intellectual property owners have urged the Federal Circuit to reject SAP America Inc.'s mandamus petition challenging the U.S. Patent and Trademark Office leader's handling of a discretionary denials policy, arguing she acted within the powers of her role.
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July 15, 2025
Ga. Judge Sends Online Casino Suit To Arbitration
A Georgia federal judge has dismissed a lawsuit over money lost on casino-style gambling websites like Luckyland Slots and Global Poker, saying the case can't move forward in the Peach State and must go to arbitration instead.Â
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July 15, 2025
Consumers Say Apple's Bid To End App Store Case Will Fail
A massive class of consumers accusing Apple of monopolizing the distribution of apps on its devices has told a California federal court the tech giant's planned summary judgment bid should be rejected because there's evidence showing harm to both users and developers.
Expert Analysis
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A Cautionary Fed. Circ. Tale On Design Patents
The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.
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Trucking Litigation Will Shift Gears In The Autonomous Era
As driverless trucks begin to roll out across Texas, a shift in how trucking accidents will be litigated is swiftly coming into view, with the current driver-centered approach likely to be supplanted by a focus on the design, manufacture and performance of autonomous systems, says Geoffrey Leskie at Segal McCambridge.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Collective Cert. In Age Bias Suit Shows AI Hiring Tool Scrutiny
Following a California federal court's ruling in Mobley v. Workday, which appears to be the first in the country to preliminarily certify a collective action based on alleged age discrimination from artificial intelligence tools used for hiring, employers should move quickly to audit these technologies, say attorneys at Davis Wright.
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Google Case Amicus Briefs Reveal Patent Damage Fault Lines
The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.
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Fledgling Crypto ATM Regs May Be Due For A Growth Spurt
As cryptocurrency ATM use and availability become more prevalent within the U.S. financial services ecosystem, states — only a few of which currently have a crypto ATM framework — may need to consider expanding legislation and regulation to accelerate consumer fraud protection practices, says Jason Noto at Polsinelli.
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The Legal Risks Of US Restrictions On Investments In China
The second Trump administration has continued to embrace a more restrictive economic policy toward China, including an ongoing review of further restrictions on the flow of U.S. capital to China, so early planning and enhanced diligence can reduce exposure to the challenges resulting from further restrictions, say attorneys at Cleary.
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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International Ramifications Of Canada's Health AI Moves
Recent artificial intelligence developments in Canada's health industry are creating ripple effects for global investors, cross-border innovators and legal practitioners, and may create opportunities for U.S. companies rethinking their international strategies, says Atoussa Mahmoudpour at AMR Law.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Opinion
Why It's Time To Retire The Efficient Market Hypothesis
As agentic artificial intelligence systems increasingly affect financial markets, the efficient market hypothesis no longer offers a viable foundation for legal and regulatory engagement, and a new theoretical foundation is needed, say Zachary Brenner, a student at California Western School of Law, and attorney Gary Brenner.
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Avoiding The Risk Of Continued AI-Washing Enforcement
A recent action brought by the U.S. Securities and Exchange Commission and Department of Justice, alleging a software developer defrauded investors by lying about his app’s artificial intelligence capabilities, suggests this administration will continue to target AI washing, so companies should adopt practices to mitigate enforcement risk, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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9th Circ. Ruling Clarifies Derivative Suit Representation Test
The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.
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Patenting AI And Machine Learning In The Wake Of Recentive
Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.