A D.C. federal judge on Thursday found the U.S. Patent and Trademark Office has sufficiently proven that inventor Gilbert Hyatt forfeited the right to receive certain patents based on decades of delay, but made clear that his finding was the result of a Federal Circuit mandate, not how he thought the case should be approached.
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TOP NEWS

DC Judge Reluctantly Holds That Hyatt Forfeited Patents

By Dani Kass

A D.C. federal judge on Thursday found the U.S. Patent and Trademark Office has sufficiently proven that inventor Gilbert Hyatt forfeited the right to receive certain patents based on decades of delay, but made clear that his finding was the result of a Federal Circuit mandate, not how he thought the case should be approached.

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Investigate Pro-Gaza Reddit Post, GOP Pols Tell USPTO

By Andrew Karpan

An anonymous Reddit post purportedly from a patent examiner confessing "mixed feelings" about issuing a patent to an Israeli defense contractor, citing the country's ongoing bombardment of Gaza, has attracted the attention of Republicans in Congress and the director of the U.S. Patent and Trademark Office herself.

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11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

By Ivan Moreno

An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."

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PTAB Will Review Cash-Out Patent Challenged By DraftKings

By Adam Lidgett

The Patent Trial and Appeal Board said Wednesday it will review a patent owned by DraftKings Inc. rival Colossus Bets on a way for gamblers to "cash out" of a sports bet to cut their losses before a game is over.

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High Court Told USPTO's Address Requirement Is Dangerous

By Andrew Karpan

A North Carolina trademark law firm is taking its fight against a new rule requiring trademark applicants to provide their home addresses all the way to the U.S. Supreme Court, telling the justices that this requirement publicized "the home addresses of victims of domestic violence and stalking, as well as celebrities and other public figures."

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Donna Summer's Estate Working With Ye To Settle IP Suit

By Ivan Moreno

Donna Summer's estate has indicated that it is finalizing a settlement with rappers Kanye West and Ty Dolla $ign to resolve a copyright complaint that alleges the musicians sampled the legendary disco singer's 1977 hit "I Feel Love" without permission.

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PATENTS

Fed. Circ. Grills Sherwin-Williams, PPG On Coating Patents

By Ryan Davis

The judges of the Federal Circuit had tough questions for both sides Thursday as Sherwin-Williams Co. appealed a jury verdict that its beverage can coating patents are invalid due to earlier patents issued to PPG Industries Inc., which was accused of infringement.

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Gilead, Teva Want 17 HIV Drug Antitrust Appeals Consolidated

By Matthew Perlman

Gilead Sciences Inc. and Teva Pharmaceuticals are asking the Ninth Circuit to consolidate 17 appeals contesting their win in a case alleging they delayed generic versions of HIV medications, saying the three groups of buyers are raising largely the same issues but refuse to commit to combining their briefs.

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Fracking Services Co. Nitro Hits Ch. 11 After IP Trial Loss

By Rick Archer

Oil and gas fracking services provider Nitro Fluids LLC filed for Chapter 11 protection in a Texas bankruptcy court with more than $50 million in debt, months after a jury found it had infringed another company's patents.

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COPYRIGHTS & TRADEMARKS

Internet Archive Must Face Record Labels' Copyright Suit

By Henrik Nilsson

A California federal judge on Wednesday ruled that the Internet Archive and the foundation that helps fund it must face a suit from record labels accusing the archive of copyright infringement by willfully copying and distributing thousands of protected recordings for free, saying the archive failed to show that the complaint was untimely.

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Voice Actors Say Lovo Stole Their Voices For AI Tech

By Lauren Berg

Artificial intelligence startup Lovo has been stealing actors' voices for its AI-driven voice-over software, voice actors Paul Lehrman and Linnea Sage alleged in a proposed class action Thursday after they unexpectedly heard Lehrman's voice used in a podcast about the potential dangers of AI technology.

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Viacom Sues Apparel Co. Over 'TMNT,' 'Avatar' Products

By Isaac Monterose

Viacom International Inc. accused an apparel and toys company in New York federal court of profiting off products that infringe its trademarks for "Teenage Mutant Ninja Turtles" and "Avatar: The Last Airbender," among other intellectual properties.

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Nordstrom Settles Patagonia's Suit Over Alleged Counterfeits

By Adam Lidgett

Patagonia has agreed to toss its trademark lawsuit accusing Nordstrom's Nordstrom Rack discount stores of selling thousands of "obvious counterfeits" after their partnership ended and then refusing to issue a recall on the products once Patagonia complained.

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TRADE SECRETS

Ex-Execs Accuse Truist Of Hijacking Control Of Mortgage Unit

By Hayley Fowler

Three former executives who spearheaded the real estate finance arm of Truist Financial Corp. before they left for a competitor are countersuing the bank for allegedly usurping control of the business, saying Truist then tried forcing them out to skirt paying severance.

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Pa. Pot Co. Says No Deal To Breach In Growth IP Suit

By Mike Curley

A Pennsylvania cannabis cultivator is asking a federal court to dismiss a suit claiming it broke an oral agreement with a consulting firm and continued to use the firm's trade secrets, saying no oral contract existed, nor was the firm's information trade secrets.

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PEOPLE

Baker Botts Grows IP Group With Perkins Coie Atty In Calif.

By Emily Johnson

Baker Botts has welcomed a Perkins Coie LLP partner to its Palo Alto, California, office, strengthening its intellectual property department with a litigator whose clients include Chinese and Taiwanese technology companies, the international law firm announced Thursday.

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EXPERT ANALYSIS

Del. IP Ruling May Mark Limitation-By-Limitation Analysis Shift

A Delaware federal court's recent ruling in Lindis Biotech v. Amgen, which involved complex technology where the complaint contained neither facts nor a specific allegation directed to a claim limitation, might spark a shift away from requiring a limitation-by-limitation analysis, say Ted Mathias and Ian Swan at Axinn.

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Businesses Should Take Their AI Contracts Off Auto-Renew

When subscribing to artificial intelligence tools — or to any technology in a highly competitive and legally thorny market — companies should push back on automatic renewal contract clauses for reasons including litigation and regulatory risk, and competition, says Chris Wlach at Huge Inc.

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Lessons On Challenging Class Plaintiffs' Expert Testimony

In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

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Trump Hush Money Case Offers Master Class In Trial Strategy

The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.

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Exploring An Alternative Model Of Litigation Finance

A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

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LEGAL INDUSTRY

Analysis

Alito Flag Report Fuels Ethics Debate, But Likely No Recusal

By Katie Buehler

Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.

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Solicitor General Says No 'Hopeless' Cases Before High Court

By Thy Vo

Solicitor General Elizabeth Prelogar told lawyers Saturday that despite the U.S. Supreme Court's conservative majority, she has never thought a case for the Biden Administration was "entirely hopeless" and that there's always room to shape the court's opinion.

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Analysis

How A $3K Pro Se Claim Led To A 9-0 High Court Decision

By Daniel Wilson

A milestone victory at the U.S. Supreme Court for $3,000 in wages started with a Pentagon worker’s principled commitment to his employer — a dedication that ironically led to a decadelong fight against his own bosses. Stuart R. Harrow and his attorneys speak to Law360 about how a seemingly low-stakes conflict turned into a high-profile case with reverberations for hundreds of federal employees.

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Calif.'s Top Judge Launches Task Force To Probe AI Uses

By Lauren Berg

California Supreme Court Chief Justice Patricia Guerrero has created a new task force to look into how generative artificial intelligence could benefit the court system and its users, while also evaluating its potential risks, the court announced Friday.

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Trump Hush Money Judge Warned For Biden Donation

By Frank G. Runyeon

The judge presiding over Donald Trump's criminal hush money trial was quietly cautioned after making a political campaign contribution to President Joe Biden and a Democratic group, disposing of an ethics investigation into the donation, it was confirmed Friday.

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Analysis

Trump's Potential Witness Could Be Defense 'Dynamite'

By Phillip Bantz

As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.

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Menendez Bribery Trial: 5 Things To Know About Week 1

By Carla Baranauckas

Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.

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Ga. Judge In 2020 Election Cases To Take Senior Status

By Courtney Bublé

U.S. District Judge Steve Jones of the Northern District of Georgia, who has presided over high-profile cases involving the 2020 election, voting rights and abortion, will take senior status on Jan. 1, 2025, according to an update Friday.

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AG Garland Held In Contempt By House Committees

By Courtney Bublé

Two House committees voted late Thursday to hold Attorney General Merrick Garland in contempt for not turning over audio recordings of the president and his ghostwriter speaking with special counsel Robert Hur for his investigation into President Joe Biden's handling of classified documents.

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Dozens Of Pro Bono Attys Back 3rd Circ. Nominee Mangi

By Courtney Bublé

Forty-nine pro bono partners, counsel and chairs from major law firms and organizations wrote to Senate leadership on Friday with concerns that the staunch opposition against Third Circuit nominee Adeel Mangi over his pro bono work will have a chilling effect on future attorneys seeking judgeships, according to a letter shared with Law360.

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Man Admits To Threatening Judge Over 'Don't Say Gay' Ruling

By Christine DeRosa

A retired teacher from Pensacola, Florida, has pled guilty to threatening to harm a federal judge in five voicemails he left after the jurist ruled against a challenge to Florida's "Don't Say Gay" law, federal prosecutors announced.

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Jenner & Block Sued For Firing Worker Over Vax Refusal

By Henrik Nilsson

A former Jenner & Block LLP employee filed a discrimination suit against the law firm Friday, claiming she was fired after the firm refused to provide a religious exemption from its COVID-19 vaccine mandate despite her belief that taking the vaccine would make her complicit in abortion.

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Ex-Baltimore State's Atty Says 20-Month Sentence Too Harsh

By Emily Sawicki

Former Baltimore State's Attorney Marilyn Mosby has asked a federal judge to cut down prosecutors' requested 20-month prison sentence after she was convicted of abusing a COVID-19-era program to obtain money from a retirement fund and conning a lender to obtain a vacation home, arguing the proposal "stray[s] from the reality of this case."

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'We Feel It': NJ Ranks 2nd In Ch. 11 Cases, Chief Judge Says

By George Woolston

New Jersey federal courts saw the second most Chapter 11 bankruptcy filings in the nation over the last year, Chief U.S. District Judge Renée Marie Bumb of the District of New Jersey said on Friday.

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NJ Courts Chief Warns Plan To Pick Appeals Bench A 'Mistake'

By George Woolston

Chief Justice Stuart Rabner of the New Jersey Supreme Court on Friday defended how the state judiciary assigns appeals court judges, criticizing a proposal to move the power to appoint appellate judges from the chief justice to the state Senate and the governor's office.

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1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo

By Elliot Weld

The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.

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Law360's Legal Lions Of The Week

By Kevin Penton

Haynes and Boone LLP and Lubin & Enoch PC lead this week's edition of Law360's Legal Lions, after the U.S. Supreme Court unanimously determined that federal courts do not have discretion to toss a case once it's decided that the claims belong in arbitration.

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GC Cheat Sheet: The Hottest Corporate News Of The Week

By Michele Gorman

The SEC adopted cybersecurity rules to require investment advisers and broker-dealers to put procedures in place for detecting data breaches and for notifying customers when their personal information may have been compromised, and lawyers said SPACs won't get sought-after relief from a new 1% tax on stock buybacks under a recent Treasury Department proposal. These are among the stories in corporate legal news you may have missed in the past week.

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UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen a wave of claims filed against Verity Trustees Ltd., Harley-Davidson hit retailer Next with an intellectual property claim, Turkish e-commerce entrepreneur Demet Mutlu sue her ex-husband and Trendyol co-founder Evren Üçok and the Solicitors Regulation Authority file a claim against the former boss of collapsed law firm Axiom. Here, Law360 looks at these and other new claims in the U.K.

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In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

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Promo that reads Law360 2024 Titans of the Plaintiffs Bar Promo that reads Law360 Pulse 2024 AI Survey

LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Archer & Greiner

Ashfords LLP

Axinn Veltrop

Baker & Hostetler

Baker Botts

Bayard PA

Berger Montague

Berry Silberberg

Bishop & Sewell

Boies Schiller

Bonds Ellis

Buchalter APC

Buchanan Ingersoll

Burr & Forman

CMS Cameron McKenna Nabarro Olswang

Cantey Hanger

Charles Russell Speechlys

Clyde & Co

Conrad Metlitzky

Cooley LLP

Cooper Barton & Cooper

Crowell & Moring

Dorsey & Whitney

Duane Morris

Duffy & Young

Fox Rothschild

Freeths LLP

Fried Frank

Gibbons PC

Gibson Dunn

Goodwin Procter

Hagens Berman

Hanson Bridgett

Haynes & Boone

Hilliard & Shadowen

Hogan Lovells

Holland & Knight

Irell & Manella

Jenner & Block

Jones Day

Kaplan Marino

Kasowitz Benson

Kellogg Hansen

King & Spalding

Kirkland & Ellis

Latham & Watkins

Lewis Baach

Lowry Blixseth

Lubin & Enoch

Mayberry Law Firm

Mayer Brown

Morgan Lewis

NechelesLaw

Nelson Mullins

Oppenheim & Zebrak

Osborne Clarke

Patterson Belknap

Paul Hastings

Paul Weiss

Perkins Coie

Pinsent Masons

Pollock Cohen

Poole Huffman

Proskauer Rose

Quinn Emanuel

Rayburn Cooper

Ropes & Gray

Russ August & Kabat

Schertler Onorato

Schulte Roth

Simon & Simon PC

Skadden Arps

Skiermont Derby

Squire Patton

Teacher Stern

Troutman Pepper

Trowers & Hamlins

Tydings & Rosenberg

Verso Law Group LLP

Vinson & Elkins

Webb Law Firm

Weightmans LLP

Willkie Farr

Zelle LLP

de Castro PC

COMPANIES IN TODAY'S NEWS

Align Technology Inc.

Allianz SE

American Bankers Association

American Bar Association

American Civil Liberties Union of New Jersey

Amgen Inc.

Apple Inc.

Atlantic Global Insurance Services

Avatar Holdings Inc.

BHP Group PLC

BP PLC

Beam Suntory Inc.

Bed Bath & Beyond Inc.

Bibby Financial Services Ltd.

Blackbaud Inc.

Brennan Center for Justice

CVS Health Corp.

Cameron International Corporation

Change Healthcare Inc.

Clarkson PLC

Comcast Corp.

Crown Holdings Inc.

Databricks Inc.

DraftKings Inc.

Enel SpA

Exxon Mobil Corp.

Federalist Society

Getty Images Inc.

Gilead Sciences Inc.

Google LLC

Grandbridge Real Estate Capital LLC

Harley-Davidson Inc.

Huge Inc.

International Business Machines Corp.

Invitae Corp.

JPMorgan Chase & Co.

Johnson & Johnson

Lawyers' Committee for Civil Rights

Lenovo Group Ltd.

LinkedIn Corp.

Lloyds Bank PLC

MaxLinear Inc.

Mercedes-Benz USA LLC

Meta Platforms Inc.

Microsoft Corp.

NASDAQ Inc.

NVIDIA Corp.

Netflix Inc.

Nevro Corp.

New Jersey State Bar Association

New York University

Nickelodeon Global Network Ventures Inc.

Nordstrom Inc.

OmniVision Technologies, Inc.

PPG Industries Inc.

Paramount Global

Patagonia Inc.

Permira

Red Hat Inc.

Reddit Inc.

Rhapsody International Inc.

Rite Aid Corp.

Ryan LLC

Schlumberger Ltd.

Screen Actors Guild-American Federation of Television & Radio Artists

Solicitors Regulation Authority Ltd.

Sony Music Entertainment Inc.

Spotify Technology SA

Tesla Inc.

Teva Pharmaceutical Industries Ltd.

The Catholic University of America

The New York Times Co.

The Sherwin-Williams Co.

The Valspar Corporation

The Walt Disney Co.

Thrasio Holdings Inc.

Truist Financial Corp.

Trump Organization Inc.

U.S. Chamber of Commerce

UBS Group AG

UnitedHealth Group Inc.

Volkswagen AG

WeWork Inc.

Wolters Kluwer

YouTube Inc.

ZenPayroll Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Supreme Court

Colorado Supreme Court

Consumer Financial Protection Bureau

Defense Contract Management Agency

Equal Employment Opportunity Commission

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Election Commission

Federal Judicial Center

Federal Trade Commission

Manhattan District Attorney's Office

New Jersey Supreme Court

New York State Commission on Judicial Conduct

Serious Fraud Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of Maryland

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Defense

U.S. Department of Health and Human Services

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of Delaware

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Northern District of New York

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Pennsylvania

U.S. Patent and Trademark Office

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Utah