Martindale-Avvo

FEBRUARY 7, 2025

However, unlike phone calls, text messages leave a written record that can later be reviewed, and, in some cases, used as evidence in court. In response, Baldoni released additional messages in an attempt to defend himself. A single message sent in anger can shape how the court perceives a party. Brandt at www.cozen.com.

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Court Attorney Defendant Lawsuit 64

Eric Goldman

NOVEMBER 25, 2024

Toyota brought a SAD Scheme case against 103 defendants before Judge Daniel in the Northern District of Illinois. If these justifications sound familiar, it’s because these are the generic rotely-made defendant-unspecific allegations that are copied and pasted into most SAD Scheme complaints. .” Seriously, Toyota?

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Defendant Judge Court Lawsuit 52

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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Court e-filing Intellectual Property Legal research 59

Eric Goldman

MARCH 2, 2025

The JMOL had two primary conclusions: First , that the CFAA has extraterritorial application, and therefore it was appropriate for this court to apply the CFAA here. By the time trial rolled around, this case involved only an Irish plaintiff (Ryanair) and a Dutch defendant (Booking.com B.V.). But this court says, not so.

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Court Judge Defendant Law 81

Eric Goldman

MAY 25, 2025

” (Plus, the court notes that while he’s in prison, his job prospects are limited). ” Doxing The relevant statute applies when a defendant intentionally published the plaintiff’s personally identifiable information without the consent of the person whose information is published.”

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Lawsuit Court Defendant Litigator 74

lennyesq

JUNE 22, 2025

AI footnote fail triggers legal palmface in music copyright spat Thomas Claburn An attorney defending AI firm Anthropic in a copyright case brought by music publishers apologized to the court on Thursday for citation errors that slipped into a filing after using the biz’s own AI tool, Claude, to format references.

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Court Defendant Law firm Lawsuit 61

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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Court Intellectual Property Defendant Legal research 52

Clio

DECEMBER 18, 2024

Unlike legal briefs , case briefs are not submitted to the court or opposing counsel. Some basic elements of a case brief include summaries of the facts, procedural history, the main legal issue of the case, and the courts holding. If the case has already been addressed by an appellate court, include that courts determination as well.

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Court Judge Attorney Defendant 96

lennyesq

NOVEMBER 17, 2024

US appeals court temporarily lifts block on Louisiana Ten Commandments law –jurist.org Aabshar Ghassi | U. Pittsburgh School of Law, US A US federal appeals court on Friday temporarily lifted a lower court’s blocking of a Louisiana law mandating public schools to display the Ten Commandments in every classroom.

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Defendant Court Law Law 75

Eric Goldman

APRIL 23, 2025

Shopify said California courts lack personal jurisdiction over it. The district court agreed with Shopify, as did a three-judge panel of the Ninth Circuit. The en banc court issues a total of four opinions, and collectively they show Shopify was never close. Briskin sued Shopify for a variety of privacy violations in California.

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Defendant Judge Law Law 81

Eric Goldman

APRIL 9, 2025

The defendant invoked the arbitration clause in its TOS. Extensively citing Chabolla , the court rejects the arbitration request. The court says Plex’s relationship context cuts against TOS formation. The court’s treatment of the sign-up screen’s call-to-action is perplexing (no pun intended).

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Court Judge Software Defendant 52

Brett Trout

MARCH 11, 2025

Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. Skechers (2016) Nike took Skechers to court for allegedly infringing eight Nike patents, including patents covering the Flyknit technology. The case was settled in 2022.

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Intellectual Property Lawsuit Defendant Litigator 90

Eric Goldman

APRIL 25, 2025

The court summarizes the plaintiffs’ allegations: D.G. Seeking redress, Plaintiffs sued Defendants on the theory that their design decisions and failure to disclose the dangers of their products were the cause of D.G.s The court dismisses Roblox, Google, and Apple from the case. Plaintiffs further allege that D.G.s

Lawsuit 75

Lawsuit Defendant Court Failure-to-appear 75

Eric Goldman

MAY 2, 2025

G6 presented the court with a screenshot of Motel 6’s standard account creation process: G6 added the red box for the court. Normally, we’d expect the court to pixel-police this screen, looking for defects. Thus, the court denies arbitration of this case. G6 sought to arbitrate the case per its TOS.

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Defendant Court Lawyer Law 52

Eric Goldman

MARCH 28, 2025

The defendant claimed that the First Amendment barred the lawsuit “because the claims would interfere with Defendant’s First Amendment discretion to choose its own content moderation policy,” citing the O’Handley district court case. The court disagrees. ” What? ” What?

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Defendant Lawsuit Court Judge 81

Eric Goldman

MAY 20, 2025

The court summarizes the case: Rodney Woodland, a freelance artist and model, posts semi-naked photographs of himself in different poses on Instagram. The court displayed all of the photos side-by-side, so of course we’re going to look at them. I guess that makes me old-school. So I think this is a SFW post.

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Defendant Court Judge Lawsuit 106

Brett Trout

FEBRUARY 19, 2025

The real challenge often lies in defending that patent. The goal is for competitors to look at your patent and decide they would rather stay out of your market or pay you a licensing fee than try to fight your patent in court. Brett Trout In the world of intellectual property, securing a patent is just the beginning.

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Litigation Litigator Intellectual Property Attorney 59

Eric Goldman

JUNE 1, 2025

To dispose of various motions, the court must construe the statutory term “social media platform.” The court recognizes this drafting flaw: the text of the social media platform definition is broad. –the court sides with the statutory text and its massively overbroad definition. 230(e)(3).

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Defendant Court Failure-to-appear Judge 88

Brett Trout

JANUARY 14, 2025

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. Produce a patent that will stand up in court. Draft an application that will support those claims and stand up in court.

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Intellectual Property Legal advice Lawyer Litigator 59

Debevoise Data Blog

FEBRUARY 4, 2025

As we previewed in our 2024 AI year in review , one of the big areas to watch in 2025 will be how much discovery courts are prepared to order into the inner workings of AI companies, especially in the face of arguments that discovery would reveal trade secrets or would be overbroad in cases based on specific claimed works. OpenAI, Inc.

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Intellectual Property Defendant Court Judge 52

Debevoise Data Blog

JANUARY 13, 2025

A look back at 2024 shows that plaintiffs are learning from the initial wave of cases filed against AI developers, and that plaintiffs are now adapting their claimsas well as the defendants they are suingto meet the shifting legal terrain. 1] Proving Defendants Use of Training Data Inputs.

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Litigator Litigation Intellectual Property Defendant 52

Eric Goldman

OCTOBER 31, 2024

The court (correctly) calls this implementation a “sign-in-wrap” (ugh), but still goes through the standard analysis to identify consumers’ manifestation of assent. The court hunts for evidence that consumers had actual knowledge of the terms, but comes up dry. The green one is only slightly easier to see.

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Defendant Court Lawyer Law 97

Eric Goldman

FEBRUARY 26, 2025

The court dismisses the case entirely with leave to amend. The court responds: “Plaintiffs do not clearly identify the ‘product’ at issue or the ‘design defect’ it allegedly contains.” Thus, to remedy the alleged defect, Defendants would have to change the content posted on their platforms.

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Court Defendant Failure-to-appear Lawsuit 59

Brett Trout

APRIL 10, 2025

Why Litigation Experience Matters in a Patent Attorney One of the most overlooked but highly valuable assets in a patent attorney is litigation experience specifically, experience arguing patent cases in federal court. It could be the difference between owning IP that looks good on paper and IP that actually protects your market.

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Litigation Litigator Attorney Intellectual Property 64

Eric Goldman

JUNE 11, 2025

The court disagrees but gives plaintiffs leave to amend. (As The court says these allegations aren’t good enough in light of Hamidi. First, the court says the mere placement of cookies, without more, doesn’t show any actual injury to the plaintiffs. The court cites Doe I v. Case Citation : Doe v.

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Court Time-tracking Defendant Lawsuit 69

Eric Goldman

OCTOBER 28, 2024

The court’s reaction is predictable if chilling. Rather than turning the analysis on formation issues, the court strikes down Ticketmaster’s efforts as unconscionable–and the weak formation practices exacerbate the unconscionability problem. I still teach the 2007 Ticketmaster v. Case Citation : Heckman v.

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Failure-to-appear Court Defendant Law 95

Brett Trout

JANUARY 17, 2025

Brett Trout The Cost of Defending Your Patent As an inventor or patent holder, your intellectual property represents years of hard work, creativity, and financial expenditures. Resources: Patent litigation often involves technical experts, discovery, and court proceedings.

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Litigation Litigator Attorney Intellectual Property 52

Eric Goldman

OCTOBER 27, 2024

The TOS doesn’t impose such a duty: “nothing in the Terms promises or guarantees that Defendant will work with a user to restore access to an account at all, let alone on a specific timeline. The Terms only state that Defendant may take certain actions in response to harmful conduct or violating content.”

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Lawsuit Failure-to-appear Defendant Court 102

Eric Goldman

OCTOBER 24, 2024

Of the 819 total dispositions, 391 (48%) were dismissed during claims review, 153 (19%) were not served, 82 (10%) were withdrawn, and 91 (11%) had defendants opt out. If we compare the types of dispositions to the total number of dispositions, it gives up percentages.

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Defendant Court Law Law 98

Brett Trout

APRIL 3, 2025

It creates a legal mechanism to block access to entire websiteson the mere allegation of copyright infringementwithout giving those websites a meaningful chance to defend themselves. Worse, the process is often ex parte, meaning the accused website operator isnt even present to defend themselves. Who Watches the Watchmen?

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Defendant Law Law Court 59

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? Aligning the U.S.

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Intellectual Property Court Litigator Litigation 52

Brett Trout

JULY 15, 2025

Prepare for Litigation Draft contracts that account for AI-generated trade secrets Work with counsel to ensure NDAs and IP clauses hold up in court If a breach happens, move fast—evidence disappears quickly 5. laws, like the Defend Trade Secrets Act, offer some protection.

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Court Lawsuit Defendant State law 59

Debevoise Data Blog

NOVEMBER 12, 2024

To plead a violation of Section 1202(b), a copyright holder must also establish that the defendant knew, or had reasonable grounds to know, that their actions would “induce, enable, facilitate, or conceal” copyright infringement. Some courts considering Section 1202 claims have also required that the work at issue be reproduced exactly.

Intellectual Property 52

Intellectual Property Defendant Failure-to-appear Litigator 52

Eric Goldman

NOVEMBER 21, 2024

Samuels sued the Lido DAO, but a shadowy entity (Dolphin CL, LLC) defended the Lido DAO on the grounds that the DAO wasn’t an entity at all; it is just software code. The court is not persuaded: “Lido’s alleged actions are not those of an autonomous software program—they are the actions of an entity run by people.”

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Defendant Court Software Law 52

Brett Trout

FEBRUARY 11, 2025

Unfortunately for Rothschild, one of the defendants, Starbucks, did not settle quietly. from defendants through AT. Starbucks has since moved to dismiss the defamation suit, arguing that the Florida court lacks jurisdiction and that Lamkins comments were made in her personal capacity, not as an official spokesperson for the company?

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Intellectual Property Lawsuit Defendant Litigation 52

Eric Goldman

MARCH 30, 2025

The district court ruled it wasn’t copyrightable. ” By anchoring its ruling in the statute, the court sidesteps whether this outcome is Constitutionally required. The court says: Star Treks Data might be worse than ChatGPT at writing poetry, but Datas intelligence is comparable to that of a human being.

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Defendant Court Law Law 59

Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. I’m sure the appellate court will be eager to docket this one. A reminder: this lawsuit is a battle royale. They will need to clear their calendar.

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Defendant Court Litigator Litigation 57