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In this article from the New York Law Journal, Baker Botts’ co-head of the AI practice group Rich Harper breaks down how traditional trade secret laws could apply to rapidly advancing AI tech. With decades of legal development, it’s an essential area where companies will need to protect their innovations – or fend off others doing the same.
This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Originally published in volume 38, issue 1 of the Harvard Journal of Law & Technology, February 2025.
publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs), have filed a lawsuit in the Southern District of New York against defendant Perplexity AI, Inc. Dow Jones & Company, Inc. and NYP Holdings, Inc. Perplexity AI, Inc. Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc.,
This article continues our analysis of over 89,000 patents to determine how the number of office actions to allowance during prosecution impacts litigation outcomes. Last month we discussed how prosecution length impacts invalidity rates during litigation. Now we discuss how it impacts findings of infringement.
In Actavis, the Court held that certain types of so-called reverse paymentspatent litigation settlement payments from brand pharmaceutical manufacturers to generic companies challenging the brands patentmight "sometimes" violate the antitrust laws. Originally published in the ABA Antitrust Law Journal. By: White & Case LLP
California’s latest entry into this Internet death-spiral is the California Journalism Protection Act (CJPA, AB 886). The CJPA engages with a critical problem in our society: how to ensure the production of socially valuable journalism in the face of the Internet’s changes to journalists’ business models?
Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. Some of them are class action lawsuits, which are not very common in copyright land (though not unheard ofremember the Google Books litigation ?)
were recognized as 2021 Women of Influence in Law by the San Diego Business Journal. Megan Chacon focuses her practice on complex patent litigation across a wide range of technologies. Beyond her litigation practice, Chacon serves as pro bono counsel to various organizations, including the American Civil Liberties Union San Diego.
New Patently-O Law Journal article by Colleen V. We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated. Pre-AIAPatents ).
McDermott argued that KMC was sophisticated about copyright law because the person who attached the photo to the bio had a journalism background. However we get there, the overall litigation enterprise here makes no economic sense. At the same time, the court rejects McDermott’s allegations of willful infringement.
Opinions run hot and facts loose when it comes to describing providers of litigation capital, especially if the funds are used in support of plaintiffs Continue reading.
Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]
New Patently-O Law Journal article by Colleen V. We address these questions empirically by analyzing the effective dates of patents and patent applications currently being litigated or pursued. Figure 1: Percentage of Patent Litigations Including a Pre-AIA Patent, by Year Litigation Initiated. Pre-AIAPatents ).
Principals Kelly Allenspach Del Dotto and Bailey Benedict have been named recipients of the 2022 “Women Worth Watching in STEM” award by Profiles in Diversity Journal. Del Dotto’s practice focuses on complex patent litigation, with an emphasis on life sciences, biotechnology, and pharmaceutical litigation, including Hatch-Waxman litigation.
Fish & Richardson is pleased to announce that Principal Lauren Degnan has been named a 2021 “Litigation Trailblazer” by the National Law Journal. A well-known thought leader, Degnan speaks frequently on the topics of patent litigation and PTAB appeals. The managing principal of Fish’s Washington, D.C.,
and Nicole Williams have been named recipients of the 2021 “Women Worth Watching in STEM” award by Profiles in Diversity Journal. Nitika Gupta Fiorella is a principal in Fish’s Delaware office, where she focuses on complex patent litigation. King, Ph.D. , She received her J.D. from New York University School of Law and her B.S.C.E.
(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Anything we are missing out on?
Over the last several days, the Wall Street Journal has reported on numerous federal district court judges that it says have violated the Code of Judicial Conduct by not recusing themselves in cases where they, or their spouse, held a pecuniary interest.
National Law Journal recently named Fish & Richardson to its 2022 list of Legal Technology Trailblazers, which recognizes firms and professionals for the innovative technical solutions they use to support the practice of law. Fish currently uses BudgetMatters to track over 600 active budgets.
Philadelphia Business Journal has included Nitika Gupta Fiorella in its 2021 “40 Under 40” list. A principal in Fish’s Delaware office, Fiorella’s practice focuses on complex patent litigation and combines novel, strategic thinking with a deep understanding of science, technology, and the law to serve a wide range of national clients.
This week in London has seen the Bureau of Investigative Journalism sued for libel by a former Kazakh leader, Siemens Mobility bring fresh legal action against the high-speed rail project HS2 in a procurement claim, and an Irish aircraft company sue Aeroflot and Rossiya Airlines in the wake of sanctions imposed on the airlines by the U.K.
Robert Milligan—Seyfarth partner and co-chair of the firm’s Trade Secrets, Computer Fraud & Non-Compete practice—was named a 2022 Top Trade Secrets Lawyer in California by The Daily Journal.
Without thorough due diligence, purchasers may be exposing themselves and their companies to costly litigation, unforeseen limitations on use of the software and, even, unexpected competition. READ THE ARTICLE IN THE LICENSING JOURNAL HERE. READ THE ORIGINAL POST HERE.
IP law in publishing, especially at The Globe – who is known for being an early provider of digital media and device-agnostic content delivery – goes far beyond copyright infringement and litigation.
Sharing one fascinating story here, a law student sued a law college, two of its professors and the editor of a journal alleging copyright infringement. The matter has now been listed for August 31 and from the looks of it, the impugned work seems to have been removed from the website of the journal and shows a “404 error” instead.
4] Earlier last year, Mr. Rajat had also moved a Public Interest Litigation against the absence of legal mechanism to regulate deepfake technology in India and to mitigate its potential misuse. [5] (operating as INDIA TV), sought a permanent injunction restraining infringement of his personality and publicity rights. [2] 10] Ibid. [11]
Masimo Corporation ,¹ a decision instituting inter partes review (IPR) despite arguments from the patent owner that proceedings at the Patent Trial and Appeal Board (PTAB) would be inefficient given the overlapping prior art issues litigated concurrently in the co-pending district court case. Fintiv, Inc.
In recent weeks, Paul Tremblay, Mona Awad, Sarah Silverman, Christopher Golden, and Richard Kadrey have all filed litigation , “accusing the companies of using the authors’ copyrighted books without consent to ‘train’ their artificial intelligence software programs,” reports the Los Angeles Times.
Commentary and Journal Articles: Atty. Michael Best & Friedrich LLP – IP Litigation Associate. Stephen Nellis: Jury Awards Optis $300 Million in Second Patent Trial Against Apple (Source: Reuters). Susan Decker: One Man’s Quest to Get an AI Machine a Patent Gathers Momentum (Source: Bloomberg). Source: Ryan Abbott.
Read the full article in The National Law Journal. The bill addressed a broad set of issues, most notably curtailing the PTAB’s discretion to deny institution based on parallel litigation, reframing stays pending inter partes review in district court, codifying the U.S. PDF copy available.
According to Pediatrics, a journal published by the American Academy of Pediatrics, the number of children under six years old who have consumed cannabis products surged by 1,375% from 2017 to 2021. As more states legalize recreational marijuana, the incidence of children accidentally ingesting cannabis edibles has also risen dramatically.
A former Greenberg Traurig LLP patent litigator ripped a social media influencer's attempt to dismiss a defamation case based on abuse allegations this week, telling a Florida federal court that the influencer acted "egregiously" and that the arguments in his motion are incorrect regarding the facts and the law.
Davis has been named one of Profiles in Diversity Journal ’s 2020 “ Black Leaders Worth Watching.” Davis has over 20 years of experience as an intellectual property trial lawyer handling complex patent litigation. He is the firm’s go-to attorney for litigation matters in the District Court for the Eastern District of Virginia.
Commentary and Journal Articles: Robin Feldman: Our Patent System is Broken. Klarquist Sparkman, LLP – Litigation/IPR Associate. Jie Fei (Christina) Pan: Supreme Court of Canada Denies Amgen Leave to Appeal Decision Invalidating its Filgrastim Patent (Source: JD Supra). Million Verdict (Source: Bloomberg). Duane Morris.
VIP Products LLC last week, I was reminded of an article I penned years ago for Cardozo Arts & Entertainment Law Journal exploring the boundaries of parodies when up against allegations of trademark infringement and dilution. Following the Supreme Court oral arguments in Jack Daniel’s Properties, Inc.
I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” I will turn in my edit-ready version to the journal in a couple months, so I have time to incorporate comments. 32nd Annual DePaul Law Review Symposium , Chicago, April 14, 2023. Free RSVP!
It has cratered into a fireball of litigation that doomed the restaurant chain (e.g., It’s so complicated that the judge made an appendix recapping the status of dozens of claims: This post focuses on a sliver of the sprawling litigation empire. Courier Journal. Schutz , Robins Kaplan LLP. Imapizza v.
The implementation of the America Invents Act in 2012 significantly changed patent practice in the United States, in part by creating an avenue to challenge a patent’s validity at the Patent Trial and Appeal Board (PTAB) without enduring the time and expense of district court litigation. PDF copy available. A Changing Practice.
The Daily Journal named Fish principals Juanita Brooks and Jonathan Singer to its 2021 list of “Top Intellectual Property Lawyers.” Brooks is a nationally recognized trial and appellate attorney who focuses on complex intellectual property, product liability, and mass tort litigation. She has handled more than 150 trials in her career.
The guidance clarifies that “compelling, meritorious challenges” should proceed regardless of parallel litigation. No Fintiv denials where the petitioner commits to a Sotera – style stipulation : Factor 4 directs the Board to consider the overlap between issues raised in the petition and the parallel litigation. In Apple, Inc.
Independent Journal Review reversing a ruling that an online reproduction of a photograph of singer-songwriter Ted Nugent constituted fair use. On February 6, the U.S. Court of Appeals for the Fourth Circuit issued an opinion in Philpot v.
Trial attorney Betty Chen was recently interviewed by Corporate Counsel Business Journal for the article, “Keeping Pace with Ever-Evolving Intellectual Property Disputes.” CCBJ: The next major wave of global patent litigation is expected to focus on 5G. Click here to read the full article (PDF).
San Diego Business Journal (SDBJ) recently named Fish & Richardson Principal Michael Amon and Associate Crystal Culhane, Ph.D. , In addition to his litigation work, Amon serves as vice managing principal and pro bono coordinator of Fish’s San Diego office. as finalists for the publication’s 2021 “Leaders in Law” award.
The full article can be read in the Journal of the Copyright Society. Licenses could put an end to much of the uncertainty and to both pending and potential future litigation, putting acceptable boundaries on what can and cannot be done with copyrighted material when training LLMs. There is considerable uncertainty about the future.
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