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Infringement

BakerHostetler

NBA Teams Support Challenge to Discovery Rule in Copyright Litigation

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Eight NBA teams recently filed an amicus curiae brief supporting a petition that asks the Supreme Court to reject application of the discovery rule to copyright cases. The discovery rule starts the clock for bringing a...more

MoFo Tech

AI Trends for 2025 - Dirty Data Damaging Deals – Data Issues in AI M&A

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2024 saw strong interest in M&A involving companies that use or develop artificial intelligence (“AI”) offerings. The rise of AI has brought new issues for companies and dealmakers. In particular, 2024 saw regulators focusing...more

Knobbe Martens

Federal Circuit Review | December 2024

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Bound to Happen: Inherent Property Leaves No Question of Reasonable Expectation of Success - In Cytiva Bioprocess R&D Ab v. Jsr Corp., Appeal No. 23-2074, the Federal Circuit held that a claim limitation merely reciting an...more

Vondran Legal

Photo Infringement Can Be Costly and Up to $150,000 Per Image Infringed!

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Here is a case from the opposite coast of the United States. This case may be looked at as persuasive authority in cases filed in the 9th circuit...more

DLA Piper

Mark It: 6 Big Trademark, Copyright, and Advertising Trends We are Watching for 2025

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An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging...more

Dechert LLP

Droit Social | Sélection de jurisprudence – France | Second semestre 2024

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Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois: L’employeur peut utiliser le contenu de clés USB personnelles pour prouver une faute grave (Cass. soc., 25 septembre 2024,...more

Dechert LLP

Employment Case Law Selection - France | Second Semester of 2024

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This newsletter presents four case law decisions handed down over the past few months: The employer can use the content of personal USB drives to prove gross misconduct (Cass. soc., September 25, 2024, No. 23-13.992)...more

Knobbe Martens

Edwards v. Meril at the Supreme Court: Testing the Scope of Hatch-Waxman’s Safe Harbor

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On October 11, 2024, Edwards filed a petition for a writ of certiorari with the U.S. Supreme Court. The question presented, as framed by Edwards, is: “Whether, under Hatch-Waxman’s safe harbor, an infringing act is “solely...more

Husch Blackwell LLP

International Trade Law: 2024 Year in Review & Outlook for 2025

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Few areas will be as impacted by the incoming second Trump administration as international trade policy. Check out our team’s assessment of what the coming year may bring for trade regulation and enforcement. Husch...more

Venable LLP

The Right of Publicity - December 2024

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Want to learn more about drafting, negotiating, and understanding intellectual property and technology contracts and have 10 minutes to spare? Grab your morning coffee or afternoon tea and dig into our Tech Contract Quick...more

Fox Rothschild LLP

Influencer Suing Over Aesthetic And Brand Identity

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Recently, influencer, Sydney Gifford is suing fellow, influencer, Alyssa Sheil, claiming misappropriation – this claim exceeds imitation, instead Gifford argues that Sheil appropriated her entire look, including her atheistic...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - November 2024 #3

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A commercial affiliate of the Major League Baseball Players Association settled a lawsuit with FanDuel on Friday over the alleged unauthorized use of the names and images of MLB players on its sports betting platform....more

Vondran Legal

Netflix gearing up to stop streaming copyright piracy in upcoming Tyson vs. Jake Paul fight

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Ladies and gentlemen, hold onto your cocktails and nachos, because we might just witness one of the wildest boxing events in recent history: Mike Tyson versus Jake Paul! Yes, you heard it right. Iron Mike, the baddest man on...more

Knobbe Martens

Federal Circuit Review | October 2024

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Failure to Obtain Advice of a Third Party Is Not Evidence of Willfulness - In Provisur Technologies, Inc., v. Weber, Inc., Appeal No. 23-1438, the Federal Circuit held that patentees cannot use an accused infringer’s failure...more

IR Global

The human touch - AI’s role in commerce - The Visionaries

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The Productivity Paradox: Does more technology mean less growth? Is there scope to use AI in commercial contracts? Will it save time, or ultimately cost more time in review and pose greater risk?...more

A&O Shearman

EU Commission issues EUR462.6 million antitrust fine in landmark decision on ‘divisionals game’ and disparagement

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On October 31, 2024, the European Commission (EC) fined Teva Pharmaceutical Industries Limited and Teva Pharmaceuticals Europe BV (Teva) EUR462.6 million for abusing a dominant position in several EU Member States on the...more

IR Global

Keeping it human

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Disputes, AI and modern law - Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer?...more

A&O Shearman

Data scraping for AI development – still no progress in the TDM debate

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Image Alex Shandro It appears that the debate surrounding the UK’s Text and Data Mining (TDM) exception is about to reignite. TDM exceptions are key to assessing the legality of training generative AI models, and to...more

Proskauer - Labor Relations Update

NLRB GC Abruzzo Issues Memo Calling for Harsher Remedies for Noncompetes and Stay or Pay Provisions That Violate the NLRA

On October 7, 2024, the National Labor Relations Board’s (“NLRB” or the “Board”) General Counsel, Jennifer Abruzzo, released MEMORANDUM GC 25-01, titled “Remedying the Harmful Effects of Non-Compete and “Stay-or-Pay”...more

A&O Shearman

Federal Circuit Reverses Infringement And Willfulness Determinations And Finds Damages Verdict Improperly Relies On Entire Market...

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On October 2, 2024, the Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion reversing-in-part decisions from the United States District Court for the Western District of Missouri in Case No....more

Goodwin

The General Court of the European Union Annuls a €1.5 Billion Fine Against Google AdSense

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In its 18 September 2024 ruling, the General Court of the European Union annulled the €1.5 billion fine that the European Commission had imposed on Google in 2019 for allegedly abusing its dominant position in online search...more

Latham & Watkins LLP

European Commission Opens Infringement Procedures Regarding Sustainability Reporting Rules

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The EU Corporate Sustainability Reporting Directive (CSRD, or the Directive) took effect beginning 2024 and requires mandatory sustainability reporting by a first set of companies in 2025. Under the terms of the CSRD, the...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - October 2024

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Lawyers involved with a proposed multi-billion-dollar settlement of three athlete-compensation antitrust cases against the NCAA and the Power Five conferences filed documents on Thursday that included small, but potentially...more

Katten Muchin Rosenman LLP

Going for the Gold - Katten Kattwalk | Issue 28

France joined other EU countries in an effort to seize vast quantities of counterfeit merchandise this year, with many items related to the Paris 2024 Olympic and Paralympic Games....more

Sheppard Mullin Richter & Hampton LLP

Different Evidentiary Burdens in IPR Proceedings and District Court Means No Collateral Estoppel Effect on Related Patent Claims

After ten years of litigation, the Federal Circuit found that the district court conducted an improper collateral estoppel analysis and upheld ParkerVision’s position on each of the appealed issues. Background - In...more

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