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? Do better).

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Brett Trout

MARCH 11, 2025

Nikes History of Defending Its Patents Nike is no stranger to intellectual property lawsuits. The judgment also signals to competitors that Nike will aggressively defend its intellectual property, regardless of the cost or the lack of patent infringement damages.

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Berkley Technology Law Journal

APRIL 18, 2025

Until this course of litigation is resolved, the parties remain categorically opposed: defendants seek to maximize the training data available to their algorithms, while plaintiffs livelihood depends on exclusive ownership and control of their IP.

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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.

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Brett Trout

JANUARY 14, 2025

Consult a patent lawyer to discuss enforcement options, which may include sending a cease-and-desist letter or pursuing litigation. To find a quality patent lawyer who can help you protect your invention look for an experienced lawyer with years of experience not only drafting patents, but it defending those patents in court.

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Intellectual Property Legal advice Lawyer Litigator 59

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 4, 2025

Defendants denied the allegations and stated that to the extent any copying of copyrighted works occurred, that copying constituted fair use. [2] Defendants Answer to First Consolidated Amended Complaint, (N.D. OpenAI, Inc. cases since last February). [1] OpenAI, Inc. OpenAI, Inc. Stipulation and Order Consolidating Cases (N.D.

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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. See, e.g. , Kirk Kara Corp.

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Martindale-Avvo

FEBRUARY 7, 2025

In response, Baldoni released additional messages in an attempt to defend himself. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients. Initially, Lively released text messages she received from Baldoni to support her sexual harassment claims.

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Debevoise Data Blog

FEBRUARY 14, 2025

Defendants could have more success on the first fair use factor, purpose and character, in the context of a generative AI model. Generative AI defendants have argued that their models have very different characters and purposes than the data on which theyre trained. To subscribe to the Data Blog, please click here.

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Legal Expert Connections

JUNE 16, 2025

Forensic accounting plays a critical role in business litigation. Whether the issue involves valuation disputes, lost profits, or allegations of financial fraud, attorneys rely on forensic accountants to provide the objective, analytical firepower needed to build or defend a case. But litigators see a lot of generalists.

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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.

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Eric Goldman

MAY 25, 2025

” 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.” Defendant-victimization is also a main justification for broadly applicable anti-SLAPP laws.

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Eric Goldman

FEBRUARY 16, 2025

Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 2024 WL 4532937 (N.D. Social Media Adolescent Addiction/Personal Injury Products Liability Litigation , 4:22-md-03047-YGR (N.D. Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, 2024 WL 4719068 (N.D.

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Brett Trout

FEBRUARY 5, 2025

This latest decision by the UPC’s serves as a stark reminder of the consequences of inadequate patent drafting and the essential role of qualified patent attorneys in securing and defending your innovations.

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Clio

APRIL 17, 2025

Predictive analytics can also guide whether to settle or proceed to court on a file based on analysis of past settlements, litigation costs, and opposing counsels behavior. How does predictive analytics work in litigation? Predictive analytics can be used at all stages of litigation.

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lennyesq

DECEMBER 24, 2024

” The case is still being litigated. But in its order, the Fifth Circuit said that “the government has made a strong showing that it is likely to succeed on the merits in defending CTA’s constitutionality.” 27 “to ensure that regulated entities can be made aware of their obligation to comply before Jan.

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Brett Trout

MARCH 5, 2025

Paying opposing counsels fees for defending the Motion in Limine; and ?Implementing Promptly withdrawing the Motion in Limine; ?Being Being honest and forthcoming about the use of AI in generating the case citations; ?Paying

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Eric Goldman

NOVEMBER 27, 2024

That’s a litigation strategy, I guess. 25, 2024) The post Amazon Must Defend “Yelp Law” Claim–Ramos v. At this point, the plaintiffs are arguing that their claims belong in state court because their allegations are too weak to support Article III standing for federal court. ” Case Citation : Ramos v.

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Brett Trout

JULY 9, 2025

Build a Barrier to Imitators Registering your trademark puts competitors and counterfeiters on notice that your brand is legally protected, and that you are prepared to defend it. Customs enforcement, or litigation if needed. 5 Reasons to Trademark Your Brand 1. This is critical in an online world. You may need a U.S.

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Brett Trout

FEBRUARY 18, 2025

What This Means for Patent Holders Nintendos legal strategy serves as a reminder that securing patent is only half the battle defending those patents is just as crucial. A well-drafted patent can deter infringement before litigation even begins.

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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. But enforcement is tricky.

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Eric Goldman

MAY 28, 2025

The plaintiff, a fast-fashion vendor operating under the brand Modlily, filed a complaint under seal against 20 defendants, got an ex parte TRO and asset freeze, and rolled to an unopposed preliminary injunction. ” Are the claims against those other defendants still active? This started out like every other SAD Scheme case.

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Clio

MARCH 6, 2025

Are you a busy litigator constantly on the move? The successful filing of this motion safeguards the defendant’s right to a fair and impartial trial. Here, we explore essential aspects of filing a motion for change of venue and cover legal justifications, procedural steps, common challenges, and notable case examples.

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CloudNine

MAY 27, 2025

He warned that if data isnt proactively remediated before a litigation event, it will inevitably become part of discovery, leading to exponential costs and risks. The convergence of compliance, technology, and litigation readiness is creating both pressure and possibility. Challenge legacy thinking. Conclusion The key takeaway?

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Lineal Services

APRIL 29, 2025

The Reality of Construction Disputes in the UAE In the UAEs complex and rapidly evolving construction landscape, disputes often begin with seemingly minor issuesdelays, change orders, or payment disagreementsbut can escalate into high-stakes, multi-party litigation. The result? Slower reviews, missed insights, and reactive strategies.

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Eric Goldman

FEBRUARY 26, 2025

However, the court says that’s essentially a doctrinal bait-and-switch: plaintiffs actually object “to Defendants’ decisions, after receiving Plaintiffs’ reports, to remove or not remove certain videos; [not] to the functionality of the reporting tool itself.” removal of the reported videos. .” Negligence.

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Eric Goldman

MARCH 3, 2025

Capital One defended on Section 230 grounds (among others). Section 230 wasn’t a main issue in most of those litigation battles, and it doesn’t work here. The plaintiff in this case received a text message from their “friend” that incorporated the Capital One-supplied promotional content verbatim.

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Debevoise Data Blog

MARCH 19, 2025

Examples of AI generated evidence could include: In a securities litigation, an AI system analyzes stock trading patterns over the last ten years to demonstrate the relative magnitude of the stock drop as a percentage of the Dow Jones Industrial Average, or to assess how likely it is that the drop in price was caused by a particular event.

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Eric Goldman

MAY 27, 2025

If those disclaimers are sufficient to negate defamation liability, then this litigation genre is moot. should the defendant have adopted new or niche innovations that work better than prevailing standards?) that can help turn litigation into lawfare. The court credited OpenAI’s disclaimers about hallucinations.

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Brett Trout

JULY 23, 2025

By patenting AI solutions, UMG is positioning itself to control next-gen music tech , ensuring it can license or defend against emerging innovations. Rights and royalty tracking : Intelligent systems can track where artworks are used, ensuring artists get paid properly. Why Liquidax Capital?

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Eric Goldman

OCTOBER 23, 2024

The defendant displayed its own trademark in the ad copy, not the plaintiff’s, so the marks were dissimilar. Still, Judge Desai gets back on track when she says: “keyword bidding does not require the defendant to display or affix a mark—internally or externally—in the advertising of its services.” Mark Similarity.

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Eric Goldman

DECEMBER 27, 2024

Two prior blog posts on Bell’s litigation efforts: Fair Use Protects High Schools Use of Inspirational MemeBell v. This extraordinary assertion, with which Shakespeare, Tolstoy and Faulkner might take issue, [FN] frankly causes this court to wonder whether it is dealing with a litigant whose feet are firmly planted on the ground.

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Eric Goldman

FEBRUARY 21, 2025

The TRO language doesn’t purport to apply to YouTube, nor could it unless YouTube had also been named a defendant. Universal * Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership * It Takes a Default Judgment to Win a 17 USC 512(f) CaseAutomattic v.

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Eric Goldman

MARCH 11, 2025

The court sides with the defendants as to the first CyberTip but not the second. In short, the court holds that the apparent CSAM tag for the first images hash match was enough to trigger the defendants reporting obligations and shield them from liability, but the unconfirmed CSAM tag for the second image was not.

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Brett Trout

JULY 25, 2025

Upon taking the case up on appeal, the Ninth Circuit agreed that NFTs are “goods” in the trademark sense and that the First Amendment does not apply to a defendant trading on the good will of the trademark owner to market its own goods. It ruled that there was no real dispute of fact about whether consumers were confused by the knockoff NFTs.

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Debevoise Data Blog

JUNE 26, 2025

Background on the Anthropic and Meta Litigations In both Anthropic and Meta , authors brought suits alleging that LLM developers pirated their copyrighted works and subsequently used them to train the companies’ proprietary LLMs. We also expect to see additional opinions in other AI litigations later this year.

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