Brett Trout

MARCH 5, 2025

While AI promises efficiency and cost savings, a recent case in the United States District Court for the District of Wyoming serves as a stark reminder of the dangers of including unverified AI-generated content in court filings. The court discovered that eight of those cases did not exist. Walmart Inc. &

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Brett Trout

FEBRUARY 4, 2025

Brett Trout In a high-stakes patent litigation case, Alpha Modus Corp. District Court for the Eastern District of Texas, alleging infringement of three patents related to real-time retail technology. Demand intellectual property indemnification clauses in agreements relating to technology launched by third-parties.

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Brett Trout

FEBRUARY 11, 2025

Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.

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Debevoise Data Blog

FEBRUARY 14, 2025

In a ruling with potential implications for other pending generative artificial intelligence (AI) copyright cases, the United States District Court for the District of Delaware in Thomson Reuters Enterprise Centre GmbH & West Publishing Corp. ROSS Intelligence Inc. some creative spark.

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Brett Trout

JANUARY 17, 2025

Heres what intellectual property attorneys and agricultural innovators should know about this landmark case. Implications for the Intellectual Property and Legal Community The FTCs lawsuit against Deere raises important questions about how intellectual property rights intersect with antitrust law and consumer protection.

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Brett Trout

JANUARY 14, 2025

Protecting your idea through a patent is an essential step in safeguarding your intellectual property. Patent Agents : Individuals who are licensed to practice before the USPTO and can assist with filing and prosecution of patents but cannot provide legal advice or representation in court. What is a patent?

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Legal Talk Network

OCTOBER 31, 2019

During our time, we did a deep-dive on the various ways that court redress is closed off from citizens seeking relief against federal, state, and local governing bodies. CLA 2019 Annual Meeting: Intellectual Property Law Section. CLA 2019 Annual Meeting: Litigation Section–CLE Highlights and Section Updates.

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Debevoise Data Blog

FEBRUARY 4, 2025

After many rounds of motions to dismiss, intellectual property cases against AI developers are moving into the discovery phase. Just weeks into 2025, we got our first answer, with a court ordering OpenAI to produce a complete training dataset to plaintiffs. What Happened?

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Brett Trout

JANUARY 30, 2025

Three proposed billsthePREVAIL Act, RESTORE Act, and PERA (Patent Eligibility Restoration Act)aim to fix longstanding issues in patent law, making iteasier for inventors to obtain patents, defend them in court, and monetize their innovations. This law would give inventors a real weapon against infringers? to fall behind other countries.

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Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. Double Scienter. Corelogic, Inc.,

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Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

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Martindale-Avvo

APRIL 28, 2023

Litigation : This area of practice involves representing clients in court, including civil and criminal trials, appeals, and alternative dispute resolution. Intellectual property law: This area of practice involves protecting clients’ intellectual property rights, such as trademarks, copyrights, and patents.

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Eric Goldman

AUGUST 24, 2023

Some forms of data are protected by copyright, trademark, or another cognizable forms of intellectual property. But most of the data on the Internet isn’t easily protectible as intellectual property by those who might have an incentive to protect it. LinkedIn Corp. In the end, it was a pyrrhic victory.

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Martindale-Avvo

NOVEMBER 8, 2024

While lawyers in all fields skip vacations, work-life balance may be more accessible in fields with typically more predictable, consistent hours, such as intellectual property, real estate, and trust and estate law. Vacation Slackers Workers in most industries, including law, find it difficult to truly disconnect while on vacation.

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Brett Trout

JANUARY 16, 2025

Vague, overly-broad, and overly-narrow language can significantly weaken your application if used incorrectly or without a clear understanding of how patent claims need to be drafted and are interpreted by courts and the USPTO.

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The North Carolina Journey of Law and Technology

FEBRUARY 2, 2023

Regardless of whether this suit follows through with litigation or settles outside of court, many agree that this legal battle will be detrimental to the future of A.I. This lawsuit is the first time that courts will have the opportunity to address A.I. generator companies. Interestingly, A.I. generators and similar technology.

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Eric Goldman

SEPTEMBER 29, 2024

But this assertion is belied by the “Create-a-Star” feature and by evidence produced at trial establishing that Defendants previously altered tattoos of wrestlers to avoid infringing on others’ intellectual property.” Obviously the court was bothered by the Create-a-Star feature.

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Eric Goldman

FEBRUARY 21, 2025

Invisible Narratives sought an ex parte TRO to prevent that from happening, which the court grants. The court relies on 512(f) as the basis of the TRO: “Invisible Narratives has presented evidence that Next Level was neither the original creator of Skibidi Toilet nor the lawful copyright owner of Skibidi Toilet characters.

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Clio

AUGUST 28, 2024

Because of the data stored in these smart objects, some lawyers may opt to use this data as evidence in litigation or mediation cases. Existing technology (like security cameras) can guide lawyers when presenting this type of evidence in court. These smart objects collect images, voice messages, and video recordings.

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Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” Prior Blog Posts on the SAD Scheme In a SAD Scheme Case, Court Rejects Injunction Over “Emoji” Trademark Schedule A (SAD Scheme) Plaintiff Sanctioned for “Fraud on the Court”–Xped v.

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Legal Expert Connections

FEBRUARY 25, 2024

Advertisements have become a powerful tool for plaintiff lawyers specializing in mass litigation, according to a Wall Street Journal article titled “The Latest Ad Boom: Lawyers Seeking Plaintiffs for Mass Litigation” published in January 2024. Courting Your Clients is offered exclusively by Legal Expert Connections, Inc.,

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CaseFox

MAY 23, 2023

Among these roles, lawyers and litigators often create confusion due to their similarities. In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. What is a Litigator?

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Berkley Technology Law Journal

JULY 9, 2022

Her recent scholarly work includes “The New Private Law and Intellectual Property,” forthcoming in the Oxford Handbook of the New Private Law (2020); and “Intellectual Property as Property,” in the Research Handbook on the Economics of Intellectual Property Law (2019).

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Eric Goldman

FEBRUARY 20, 2025

Some of them described themselves and why they read the blog: “A senior director on our legal team forwarded one of your blog posts to a few of us on the litigation team a few days into me starting in-house. ” “Im a litigator often specializing in internet law related issues, particularly under Section 230.

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LawSites

JULY 7, 2022

I am a big fan of litigation analytics, even once suggesting that it could be malpractice for a litigator not to use the technology. Analytics might tell you, for example, that, in intellectual property cases, Judge Smith decides summary judgment motions for plaintiffs 70% of the time. But it only tells you past behavior.

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Clio

JUNE 13, 2024

It is a crucial part of modern litigation because so much information is now stored digitally and this information can be vital to the outcome of a case. A court case might involve reviewing a client’s social media account, emails, and digital documents to determine the merits of an intellectual property lawsuit.

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Eric Goldman

JUNE 20, 2023

Ochoa’s definitive analysis of the Supreme Court’s Warhol opinion. For nearly 30 years, the framework for judging fair use cases has been remarkably stable, based on Justice Souter’s masterful opinion for a unanimous Court in Campbell v. [Eric’s note: this is the post you’ve been waiting for: Prof. 569 (1994).

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Eric Goldman

JULY 26, 2023

The court says that using scraped data after receiving a cease-and-desist notice is not a violation of the CFAA, even if the data was collected from beneath a log-in from a site that prohibits scraping. That’s a reasonable inference from Van Buren , but no court has explicitly said as much before. The terms prohibited scraping.

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Eric Goldman

JANUARY 18, 2024

My roundup of the top Internet Law developments of 2023: 10) California court bans targeted advertising (?). Facebook , a California appeals court shocked the advertising community by suggesting that using common demographic criteria for ad targeting, such as age or gender, may violate California’s anti-discrimination law.

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Eric Goldman

MARCH 22, 2025

Even better, posting has enabled me to think through a doctrine (like failure to function ) or category of cases (like tagmark litigation) that I was already pondering, setting the initial groundwork for what would become a more extended study in the form of a law review article or essay.

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LawSites

NOVEMBER 30, 2023

Michael Sander , the founder of Docket Alarm , a product that mines federal and state court dockets to provide litigation alerts and case analytics, has left the company, seven months after its acquisition by legal research company vLex in April. Here is his entire email: “My last day running Docket Alarm will be today.

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Percipient

JANUARY 20, 2025

For instance, machine learning can predict litigation risks based on similar cases, identify trends that might impact a client, or flag unusual clauses in contracts that might need extra attention. Its particularly useful for litigation teams looking to analyze case trends, predict outcomes, and gain insights into opposing counsel or judges.

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Legal Expert Connections

DECEMBER 4, 2023

“Courting Your Clients” via membership organizations is a valuable resource for lawyers looking to generate leads and grow their business. ” The “Courting Your Clients” Legal Marketing Agency We want to serve as your outsourced law firm marketing department! a national law firm marketing agency.

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Eric Goldman

JULY 17, 2023

the Supreme Court held that the Lanham Act does not reach trademark infringement that occurs outside of the United States (US). Abitron garnered far less attention than did other intellectual property (IP) cases argued this term, including Jack Daniels Products, Inc. Hetronic International Inc. , In Yegiazaryan v.

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Eric Goldman

JUNE 22, 2023

It simply converts a litigation battle over retaliation into a battle over whether the DJP violated the TOS. However, courts might consider such broad drafting efforts to be bad faith non-compliance with the bill. ” The court also questioned the tailoring fit. Note: section (c) doesn’t negate this issue at all.

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Legal Expert Connections

JULY 31, 2024

Related Law Firm Marketing Articles The Secret Sauce for Law Firm Marketing on LinkedIn Courting Your Clients E-Book The Value Equation in Law Firm Marketing Turn Membership Organizations into New Law Firm Business The “Courting Your Clients” Legal Marketing Agency We want to serve as your outsourced law firm marketing department!

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Clio

JANUARY 17, 2024

Supreme Court, SCOTUSblog provides insights on what petitions to watch. Additionally, the blog usually reports on every merits case before the court three times: before argument, after argument, and after the decision. You’ll find coverage of government lawmaking, litigation, transactions, and more. Law360 Law360 touts 2.7

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