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Trade Secret Litigation: How Will AI Innovations Likely Be Litigated?

JD Supra Law

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.

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The Impact of Prosecution Length on Invalidity Outcomes in Patent Litigation

JD Supra Law

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.

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The Impact of Prosecution Length on Infringement Outcomes in Patent Litigation

JD Supra Law

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.

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AI Litigation Insights

JD Supra Law

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.,

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A Decade of FTC v. Actavis: The Reverse Payment Framework is Older, but Are Courts Wiser in Applying It

JD Supra Law

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

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California’s Proposed Fix to the Journalism Crisis Is Unconstitutional and Worse Than Socialism (Comments on the California Journalism Protection Act, CJPA)

Technology & Marketing Law Blog

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?

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A Quick Journey Through the Expanding World of AI and Copyright Litigation

Velocity of Content

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 ?)