News & Analysis as of

Intellectual Property Litigation Damages

Ropes & Gray LLP

Anthropic’s Landmark Copyright Settlement: Implications for AI Developers and Enterprise Users

Ropes & Gray LLP on

Anthropic, a leading developer of artificial intelligence large language models (LLMs), has reached a settlement in a closely watched dispute with a class of authors and publishers who alleged copyright infringement arising...more

Carlton Fields

Georgia Supreme Court Affirms Arbitration Award, Holds Ex Parte Communications With Arbitrator Did Not Prejudice Affected Party

Carlton Fields on

In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: From Trillion-Dollar Risk to Resolution: Settlement in the Anthropic Authors’ Class Action

In a July IP Hot Topic, we wrote about a pivotal summary judgment ruling in Bartz v. Anthropic that added another data point in the newly forming fair use landscape for copyright actions against GenAI companies. In that case,...more

Jones Day

Severed Knowledge: Negative Trade Secrets Through the Lens of Compartmentalized Memory

Jones Day on

Since the passage of the Defend Trade Secrets Act ("DTSA") in 2016, courts have increasingly addressed the nuance of negative trade secrets—information about what does not work, often referred to as "negative know-how."...more

Fish & Richardson

Developing Issues in Patent Damages: Future Royalties

Fish & Richardson on

Increasingly, plaintiffs in patent infringement suits are projecting sales through the expiration of the patent, discounting for present value, and then calling the resulting figure a “lump sum” royalty. ...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: July 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Patterson Belknap Webb & Tyler LLP

It’s Not Over Till It’s Over: Judge McMahon Issues Final Judgment in Favor of Geigtech After Two Bench Trials and Two Jury...

On August 14, 2025, Judge McMahon (S.D.N.Y.) issued a Final Judgment in favor of plaintiff Geigtech East Bay LLC (“Geigtech”) in the total amount of $5,951,153.15. See Geigtech E. Bay LLC v. Lutron Elecs. Co, Case No....more

Proskauer - Trade Secrets

Massive $604.9 Million Verdict in Landmark Trade Secret Case

A California state jury awarded Propel Fuels, Inc. $604.9 million in damages after finding Phillips 66 Company liable for trade secret misappropriation. Propel Fuels, Inc. v. Phillips 66 Co., Case No. 22CV007197 (Cal. Oct....more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd.

Jiaxing Super Lighting Electric Appliance, Co. Ltd. v. CH Lighting Technology Co., Ltd., Appeal No. 2023-1715 (Fed. Cir. July 28, 2025) In our Case of the Week, the Federal Circuit addressed three issues arising from a...more

Venable LLP

Jury Finds Botox® Patent Claims Nonobvious and Awards Damages from Daxxify® Sales

Venable LLP on

On July 18, 2025, after a five-day trial, the jury in Allergan v. Revance Case No. 1:21-cv-01411 (D. Del.) entered a verdict finding claim 8 of Allergan’s U.S. Patent No. 7,354,740 (“the ’740 patent”), claim 6 of U.S. Patent...more

McDermott Will & Schulte

Victory lap: Extraterritorial injunction permitted for breach of settlement agreement

The US Court of Appeals for the Fourth Circuit upheld a permanent injunction, concluding that the district court properly determined that a party’s violation of a settlement agreement would lead to irreparable harm. Wudi...more

Benesch

Judge Certifies Authors’ Copyright Class Action Against Anthropic

Benesch on

On July 17, 2025, US District Court Judge William Alsup approved a class certification against Anthropic for copyright infringement. According to Judge Alsup, it will be straightforward for the entire class to prove harm...more

Katten Muchin Rosenman LLP

Chanel's Legal Victory Sends a Clear Message: Authenticity Isn't Just a Luxury — It's the Law - The Katten Kattwalk | Issue 29

"Hard times arouse an instinctive desire for authenticity," Coco Chanel once said. Chanel, the eponymous company, has taken this motto to heart in its unwavering commitment to protecting its intellectual property — an effort...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: June 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more

Roetzel & Andress

Think Before You Post: Notable Case Demonstrates Dangers of Using Unlicensed Music in Social Media Marketing

Roetzel & Andress on

Warner Music Group initiated a copyright infringement lawsuit against DSW Designer Shoe Warehouse and its parent company, Designer Brands Inc. Warner Music Group accuses DSW of using over 200 recordings and compositions owned...more

Ballard Spahr LLP

Government Signals Potential Shift Toward Preliminary Injunctions in Patent Infringement Cases

Ballard Spahr LLP on

In a recent patent case, the U.S. government urged a Texas federal court to give greater weight to the difficulty of calculating damages as a basis for finding irreparable harm. If embraced by courts, the move could give...more

McDonnell Boehnen Hulbert & Berghoff LLP

Government Files Statement in Support of Preliminary Injunction Motion in Radian Memory Systems v. Samsung Electronics

Almost two decades ago, the Supreme Court handed down what has turned out to be one of its most significant patent decisions of this century:  eBay v. MercExchange.  The eBay case has had the effect of precluding prevailing...more

Knobbe Martens

A Question for Everyone: Juries Must Determine Infringement on a Patent-By-Patent Basis

Knobbe Martens on

OPTIS CELLULAR TECHNOLOGY, LLC v. APPLE INC. - Before Prost, Reyna, and Stark. Appeal from the United States District Court for the Eastern District of Texas. Patent plaintiffs have a right to a unanimous verdict on each...more

Baker Botts L.L.P.

Court Finds Fair Use for AI Training, But Distinguishes Library of Pirated Works

Baker Botts L.L.P. on

In a significant development for the field of artificial intelligence and copyright law, the U.S. District Court for the Northern District of California has issued a ruling in a case brought by a group of authors against AI...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Licensing & Standing: A.L.M. Holding Co. v. Zydex Indus. Private Ltd. (D. Del. Nov. 25, 2024)

In the United States, a plaintiff must have standing to bring suit in U.S. courts. For patent cases, this means that for a plaintiff to have constitutional standing, the plaintiff must show that it has “an exclusionary right...more

Ervin Cohen & Jessup LLP

Major Studios Strike Back: Disney & Universal Sue Midjourney Over AI-Created Characters

On June 11, 2025, Disney (including Lucasfilm, Marvel, and 20th Century Studios) and Universal Pictures (including DreamWorks) filed a Complaint for direct and secondary copyright infringement in the Central District of...more

Vondran Legal

Options when you receive a Strike 3 Holdings subpoena from your ISP

Vondran Legal on

After years of handling hundreds of Strike 3 Holdings (S3) copyright defense cases, there is one question I get seemingly more than any other. The question is this: "should I contact my ISP to call off the subpoena?"...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: The (Media) Empire Strikes Back

Some of the largest movie studios have entered the fray of GenAI copyright litigation. Disney, Marvel, Lucasfilm, Twentieth Century Fox, Universal Pictures, and DreamWorks sued the image-GenAI company Midjourney, Inc. in the...more

WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: May 2025

WilmerHale on

Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. This month’s cases address when a prevailing party on a trade secret misappropriation claim can receive attorney’s fees, the...more

146 Results
 / 
View per page
Page: of 6

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide