Brett Trout

FEBRUARY 19, 2025

The key is crafting you patent not only for breadth, but with an eye toward litigation. 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. This involves lawsuits, settlements, and sometimes courtroom battles.

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Eric Goldman

MAY 25, 2025

Separately, he brought a lawsuit over the Are We Dating the Same Guy? ” (Plus, the court notes that while he’s in prison, his job prospects are limited). Despite the dismissal, I view this case as a warning sign of how anti-doxxing statutes will contribute to lots of meritless and problematic litigation.

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Brett Trout

MARCH 11, 2025

Although the case was just settled, this lawsuit was not Nikes first foray into patent infringement litigationnor is it likely to be its last. In its lawsuit, Nike sought both damages and a permanent injunction to stop Lululemon from producing the allegedly infringing designs. The lawsuit was settled in 2021.

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Brett Trout

JANUARY 29, 2025

Amazon , where Xiaohua Huang, a pro se litigant, attempted to enforce his patents against Amazon. Huangs case was dismissed because the lawsuit he filed lacked the required specificity, failed to identify particular infringing products, and contained vague, conclusory allegations. Contact us today for a free consultation.

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Berkley Technology Law Journal

JUNE 23, 2025

Generative AI’s (“genAI”) ability to “deepfake” audiovisual evidence presents dual concerns: (1) parties could present deepfaked evidence as real, or (2) parties could challenge real evidence as deepfaked, requiring resources for evidence validation on top of the already lengthy and expensive litigation process. Finally, during the US v.

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Eric Goldman

MAY 27, 2025

Riehl asked ChatGPT to summarize a lawsuit involving the foundation. Riehl knew that ChatGPT’s claim was fishy and that the ChatGPT version he was using had an index cutoff date before the lawsuit filing. The court then says: the undisputed evidence establishes that OpenAI did not act with “actual malice.”

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Debevoise Data Blog

JANUARY 13, 2025

But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectual property rights. In Millette v. OpenAI, Inc.,

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Eric Goldman

FEBRUARY 27, 2025

Thus, lawsuits like this expose the damned-if-you-do, damned-if-you-don’t dilemma facing Internet services who are compelled to do age authentication. Second, the court turns to the TOS formation question. ” Instead, the court then compares this to the formation process at issue in the Berman case. .”

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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. We have all heard about the lawsuit involving Blake Lively and Justin Baldoni. A single message sent in anger can shape how the court perceives a party. Brandt at www.cozen.com.

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Brett Trout

APRIL 21, 2025

Court of Appeals for the Federal Circuit (the main court for resolving patent issues) issued a significant decision in Recentive Analytics, Inc. The Court’s Analysis Applying the two-step framework from Alice Corp. Brett Trout On April 18, 2025, the U.S. Fox Corp. (No.

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Trellis.Law Blog

JULY 31, 2024

Since 1985, the firm has defended corporate clients in high-exposure and technically intricate lawsuits… Continue reading → The post Deep Trellis State Court Capabilities Help Bowman and Brooke Track Trends and Defend Mass Tort Litigation in State Courts first appeared on Trellis.Law Blog.

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Brett Trout

JANUARY 17, 2025

Even for smaller cases, where the damages are less than $1 million, the patent litigation costs average $700,000. While a contingent fee arrangement does not cover third-party costs such as expert witness fees, they cover attorneys fees which typically make up the vast majority of litigation costs. What Is a Contingent Fee Structure?

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Eric Goldman

JULY 14, 2023

This long-running lawsuit started in 2019. When I first blogged this case in January 2021, I wrote: This lawsuit, like many others before it, claims that UGC services like YouTube commit illegal discrimination based on how they moderate content. Elenis Supreme Court ruling, but I wonder how it might apply to this case.

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Eric Goldman

OCTOBER 7, 2023

In response, she has brought several trash lawsuits, which have gone as well as you’d expect. Her latest trash lawsuit claimed that social media, the government, and Procter & Gamble were all doing the RICO against her. The court dismisses the lawsuit on several grounds, including res judicata. The complaint.

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Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Corporations are legally independent entities, so a creditor or a person filing a lawsuit against a corporation usually cant reach your personal assets, although there are some exceptions. Advantages include tax benefits and a court system with special expertise in corporate issues. What Are the Pros and Cons of Starting a Corporation?

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Brett Trout

JUNE 24, 2025

Brett Trout A federal court in San Francisco just handed down a ruling that is shaking up authors and AI users alike. What the Court Said In his opinion issued yesterday, Judge Alsup ruled training AI models on books qualifies as “fair use” under U.S. According to the court, the AI was not copying the books word-for-word.

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Above the Law - Technology

FEBRUARY 29, 2024

“So often when attorneys are writing court documents or preparing for oral arguments and they want to know what their judge thinks about different issues in their case, they have very little information to go off of. federal courts. The company’s roadmap calls for it to eventually expand into state courts as well.

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Debevoise Data Blog

JUNE 4, 2025

Increasingly, however, these technologies present litigation risks under the California Invasion of Privacy Act (CIPA). In this blog post, we provide an overview of the technologies that plaintiffs most commonly target for CIPA lawsuits and measures that companies can take to mitigate their CIPA litigation risk.

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Above the Law - Technology

APRIL 11, 2024

But that all came crashing down after I reported in 2016 of Bluford’s settlement of a lawsuit charging him with impersonating a lawyer, forging legal documents and fraudulently swindling two clients. As of this writing, the lawsuit is ongoing. Following my report, QuickLegal quickly shut down. Gavelytics. million in funding.

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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. Final Thoughts If youre serious about protecting your innovation, dont settle for a cookie-cutter patent.

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Litigator Litigation Attorney Intellectual Property 64

Brett Trout

JANUARY 17, 2025

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. Efficiency: Immediate access to repair tools means faster fixes and less downtime.

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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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LawSites

DECEMBER 1, 2021

The pandemic caused civil courts in the United States to adopt technology at an unprecedented pace and scale, improving participation in court proceedings and helping users resolve disputes more efficiently. Pew researchers examined pandemic-related emergency orders issued by the supreme courts of all 50 states and Washington, D.C.

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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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Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

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Trellis.Law Blog

MARCH 7, 2024

Approximately 41,000 civil lawsuits are filed daily in the U.S., This represents a goldmine of information about the litigation process. Read Our Article… Continue reading → The post ⚡Primer on Using State Court Trial Data for Business and Competitive Intelligence first appeared on Trellis.Law Blog.

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Brett Trout

FEBRUARY 3, 2025

In the intricate realm of patent litigation, the choice of legal representation can significantly influence the outcome of a case. While you want your patent lawyer to zealously represent your interests in court, having a lawyer who is too aggressive can backfire spectacularly. Brett Trout In a word, yes.

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Eric Goldman

MARCH 10, 2023

Represented by lawyers Maria Cristina Armenta and Credence Elizabeth Sol (who keep expanding their oeuvre of failed lawsuits against Internet services), Daniels claimed YouTube had to comply with 1983 because YouTube became a state actor. In 2021, the court quickly shut down that misguided argument. My blog post on that ruling.

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Brett Trout

FEBRUARY 4, 2025

Brett Trout In a high-stakes patent litigation case, Alpha Modus Corp. has filed a lawsuit against Walgreens Co. District Court for the Eastern District of Texas, alleging infringement of three patents related to real-time retail technology. In its lawsuit, Alpha Modus accuses Walgreens of infringing the following patents: U.S.

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Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. The court dismisses the case entirely with leave to amend. This doctrinal move doesn’t work.

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Justia Legal Marketing & Technology blog

SEPTEMBER 29, 2023

If this happens, a consumer might be able to pursue a claim in court. They can bring a civil lawsuit against whoever was responsible for the improper practice, seeking the damages that they sustained as a result. When the damages are relatively limited, a consumer might consider pursuing action in small claims court.

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LawSites

APRIL 26, 2022

See all stories about this lawsuit. district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. However, the judge did not accept a second antitrust theory asserted by ROSS — that TR had engaged in anticompetitive conduct by pursuing sham litigation.

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Brett Trout

FEBRUARY 5, 2025

Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., which faced significant challenges to its patent due to inaccuracies in its patent claims.

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Eric Goldman

SEPTEMBER 5, 2023

Or was this just a ploy to find any tenable legal theory against YouTube so it could be exploited in future litigation? With respect to accessing the content, the court says: “no provision of the Agreement provides a right to access that content under the circumstances here: termination for cause under the agreement.

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Brett Trout

JUNE 18, 2025

If that part ends up on social media or in the middle of a lawsuit, a single photo could trace it back to the exact machine—and possibly the person—who printed it. Can courts order access to your 3D printer data? Could this become part of 3D printing lawsuit investigations? These aren’t hypothetical questions anymore.

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Brett Trout

JUNE 12, 2025

What the courts want now is a technological blueprint : a narrative that spells out the detailed how —not just the what —behind your invention. But what did the court see? Brett Trout If your AI patent application stops at “we used machine learning to solve X,” you’re already losing. Here’s how to build it. The reason?

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Eric Goldman

OCTOBER 5, 2023

The court says that the merchant made a descriptive “fair use” of the “emoji” term, but the court didn’t actually say that “emoji” qualifies as a descriptive trademark, instead of an arbitrary mark, for stickers. ” Trademark law does not restrict that usage. ” That’s true.

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