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IP Litigation

Holland & Knight LLP

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

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A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #5

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The Pennsylvania Supreme Court has granted a limited appeal in Pittsburgh’s challenge to a Pennsylvania court ruling that the city’s tax on visiting athletes and performers is unconstitutional. ...more

Dorsey & Whitney LLP

Bridal Fashion Label and Designer Straighten Social Media Ruffles in Bankruptcy Deal

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The 2010s were a heyday for bridal fashion. TLC’s “Say Yes to the Dress” reality series captivated viewers watching brides navigate family opinions and emotions while shopping for “the dress” at Kleinfeld’s Bridal in New York...more

Wolf, Greenfield & Sacks, P.C.

Top Five Recent Developments in Section 337 Litigation

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - March 2024 #2

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The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more

Womble Bond Dickinson

A Place For Everything: Cabinet Company’s First Lawsuit Unsuccessful Against Former Employee and Competitor

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The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more

Womble Bond Dickinson

Industry Reactions to In re Cellect Decision

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An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more

Smith Anderson

White Paper | 2023 Mid-Year Review: Key Trade Secret Developments

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A trade secret is any information used in one’s business that derives independent economic value from not being generally known. Trade secrets, unlike patents, are protected indefinitely for as long as they remain a secret....more

Perkins Coie

First Lawsuits Arrive Addressing Generative AI

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This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works). As the quality of...more

Linda Liu & Partners

News Flash: China parallel patent infringement litigation gives Nanoco leverage in the $150million settlement with Samsung

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In March, Samsung agreed to pay UK Nanotechnology Company Nanoco USD 150 million in a patent infringement dispute over patents used in QLED televisions that featured legal team from Wei Chixue Law Firm of Linda Liu Group - a...more

Snell & Wilmer

USPTO’s Cert Petition Argues Constitutionality of Lanham Act’s Living Individual Restriction

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USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. §...more

Sheppard Mullin Richter & Hampton LLP

“Not My Work”: When Artists Dispute Authorship

The assumption that artists love credit is challenged when an artist appears to repudiate their authorship. Sometimes repudiation arises from personal animus while in other instances an artist might feel that their work is no...more

Kaufman & Canoles

TikTok Lawsuits Target Brands, Influencers

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The music industry has begun cracking down on brand owners’ and influencers’ unlicensed use of songs in social media posts through the filing of several lawsuits over the past few months. The lawsuits have largely targeted...more

Sunstein LLP

Apple Must Agree to License Terms It Hasn’t Seen -- Or Leave the UK Telephony Market

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In October 2022, the Court of Appeal in the United Kingdom issued a unanimous decision in ruling that Apple must either accept global licensing terms before they have even been determined or face an injunction that would...more

Hogan Lovells

Domain Name News: November / December 2022

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This is the November / December edition of Anchovy News. Here you will find articles concerning ICANN, the domain name industry and the recuperation of domain names across the globe. In this issue we cover...more

Benesch

Trade Secrets/Non-Compete Quarterly Update - Q3 2022

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Compared to Q1 and Q2 of 2022, Q3 was relatively slow with respect to trade secret legislation and significant restrictive covenant awards and/or case law. Still, and as described below, two new statutes require a company’s...more

Parker Poe Adams & Bernstein LLP

A Novel Trade Secrets Issue: Forensic Cleansing of Social Media

​​​​​​​It’s common in trade secrets or noncompete cases for plaintiffs to demand forensic imaging and searching and, ultimately, destruction of electronic information contained on the defendants’ computer system or devices....more

Venable LLP

Unique IP Concerns When Celebrities and Athletes Are Involved in NFT Projects

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Given the recent rise in the popularity and profitability of non-fungible tokens (NFTs), celebrities have entered the market not only by purchasing NFTs, but also by minting their own. However, because NFTs often involve the...more

Holland & Knight LLP

Questions Surround AI-Generated Art and Copyright Authorship

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We previously discussed the idea of who is the owner and who is the creator of AI-generated art. A recent case brought by Stephen Thaler seeks to answer those questions. In his lawsuit, Dr. Stephen Thaler, President and CEO...more

Holland & Knight LLP

Exploring the "Sham Affidavit" Doctrine in Trade Secret Case Relating to Side-Switching Employee

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Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more

BakerHostetler

Financial and Crypto Firms Explore Integration; NFT Market Expands; FATF/Basel Publish Crypto Guidance; DOJ/CFTC Bring Crypto...

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Financial Firm Launches Crypto Group, MakerDAO Votes to Integrate with Bank - A major multinational financial institution recently “announced the formation of its Digital Assets and Financial Markets group.” According to...more

Holland & Knight LLP

Third Circuit Illuminates Several Issues in Trade Secret Litigation

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Two recent decisions by the U.S. Court of Appeals for the Third Circuit shed light on several recurrent issues that arise in trade secret litigation under the federal Defend Trade Secrets Act (DTSA) and related state acts....more

Nutter McClennen & Fish LLP

Massachusetts Court Bars “Reasonable Royalty” Evidence Based on Law of the Case Doctrine

After successfully appealing a judgement and obtaining a remand of its Chapter 93A claim to the Massachusetts BLS, the Governo Law Firm moved to admit expert testimony about a “reasonable royalty” measure of damages. Governo...more

Barnea Jaffa Lande & Co.

I Shared Someone Else’s photo on Instagram. Did I Commit Copyright Infringement?

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Sharing images on Instagram and other social network platforms is such a common practice that we do it without hardly even thinking about it. But we must be aware that sharing a piece of creative content (picture, text, etc.)...more

BCLP

A refresher on copyright - Lennox Estates v S&W Ventures

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Imagine...you own a site. You give an option to a developer to buy that site subject to obtaining planning permission. It gets the planning permission, using planning drawings prepared by a firm of architects that it engages,...more

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