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Alston & Bird

Intellectual Property Litigation Newsletter | November 2025

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Welcome to the Intellectual Property Litigation Newsletter, our review of decisions and trends in the intellectual property arena. In this edition, we learn avoiding prior art “by another” may be difficult, secret sales...more

Marshall Dennehey

New York Appellate Division Grants Summary Judgment, Holding Driver With Right-of-Way Not Comparatively Negligent in Police...

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Brown v. City of Buffalo, No. 24-01627, 373, 238 N.Y.S.3d 358, 2025 N.Y. Slip Op. 03902, 2025 WL 1776988 (N.Y.A.D. 4 Dept., June 27, 2025) - The plaintiff brought this negligence action for damages after he sustained injuries...more

Nelson Mullins Riley & Scarborough LLP

USPTO Proposed IPR Rule Changes – October 16, 2025

Summary of Proposed Rule Changes - On October 16, 2025, the United States Patent and Trademark Office (USPTO) issued a proposed rulemaking notice regarding significant changes to the procedures for instituting inter partes...more

Hogan Lovells

Fourth Circuit Denies Rehearing in Case With Major Implications for Article III Standing and Trial Court’s Role as Gatekeeper for...

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Last week, the Fourth Circuit denied defendants' petition for rehearing in Sommerville v. Union Carbide, a proposed class action for medical monitoring for alleged exposure to emissions of ethylene oxide (EtO). The denial of...more

Cimplifi

Taming Modern Data Challenges: Linked Documents

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One of the biggest and most discussed modern data challenges that legal and eDiscovery professionals face today is discovery of linked documents....more

Akin Gump Strauss Hauer & Feld LLP

Delaware Supreme Court Affirms Chancery Court’s Dismissal in Trade Desk Derivative Suit

On November 6, 2025, the Delaware Supreme Court affirmed the Court of Chancery’s dismissal of a shareholder derivative suit challenging a substantial stock option grant awarded to the co-founder and CEO of The Trade Desk,...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Confirms That PTAB Patentability Findings Do Not Have Issue-Preclusive Effect in District Court

The Federal Circuit recently vacated a summary judgment ruling of invalidity, holding that the district court erred in applying preclusive effect to the Patent Trial and Appeal Board’s unpatentability findings regarding other...more

A&O Shearman

UPC penalty payments are only payable if court has previously ordered forfeiture of sum for non-compliance

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The UPC Court of Appeal (CA) has clarified the framework for penalty payments in enforcement proceedings. Penalty payments in the UPC must be based on a prior penalty order from the court, specifically reinforced with the...more

BCLP

Georgia Courts Must Follow Federal Standard for Toxic Tort Experts, Appeals Court Rules

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The Georgia Court of Appeals issued a decision on October 31, 2025, addressing the reliability and admissibility of expert testimony on general causation in toxic tort cases in Georgia. See Sterigenics US LLC. Mutz, No....more

Esquire Deposition Solutions, LLC

Four Good Reasons for a Remote Deposition

Modern litigation takes place in forums that generally favor remote depositions. Remote depositions are a good choice for any deposition. However, they particularly shine in situations where court reporters are in short...more

Clark Hill PLC

Statutes of Repose

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In Pennsylvania, statutes of repose materialized in the 1960s in large part as a result of the construction industry’s concerns with respect to ongoing liability for latent defects. Pennsylvania’s Home Inspection Law provides...more

Blake, Cassels & Graydon LLP

Un avocat en Alberta pourrait être condamné personnellement à payer des dépens pour avoir cité des cas hallucinés par l’IA

Le 26 septembre 2025, la Cour d’appel de l’Alberta (la « CAA ») a rendu sa première décision au sujet des fausses références que peuvent générer les outils d’intelligence artificielle (« IA ») générative. Ces fausses...more

Freeman Mathis & Gary

Causation is disputed – that’s why Florida’s Second DCA is keeping the (bad) faith instruction

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On September 19, 2025, Florida’s Second District Court of Appeals affirmed a final judgment in favor of Florida Farm Bureau General Insurance Company (“FFB”) in an extra-contractual action. The case arose out of a fatal...more

Association of Certified E-Discovery...

[Event] eDiscovery Day - December 4th, Auckland, New Zealand

A little soiree for eDiscovery Day! Join together with industry peers, network and discuss all things eDiscovery on a day made just for us! ACEDS Australia New Zealand is a platform for IT and Legal professionals to learn,...more

Harris Beach Murtha PLLC

NY Court Ruling Highlights Real Estate Due Diligence

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A recent court victory for a Fairport, New York, landlord shows the importance of prospective tenants or buyers to perform sufficient due diligence before signing rental or purchase agreements....more

King & Spalding

Southern District of Mississippi Rejects Argument That Broad Waiver Provisions in Guaranty Agreements Are Unconscionable

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On September 16, 2025, the U.S. District Court for the Southern District of Mississippi declined to dismiss a claim for breach of guaranty agreements, rejecting the defendants’ argument that the contracts are “so...more

Proskauer - Labor Relations Update

Off the Rails? Union Asks Supreme Court to Rein in Fifth Circuit

We have been tracking the wave of constitutional challenges to the National Labor Relations Board’s (“NLRB” or “Board”) structure and the divergent injunction standards emerging across circuits....more

Snell & Wilmer

Defamation Update: Will the Anti-SLAPP Statute Get Slapped Down?

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In a move that may fundamentally alter defamation litigation in Arizona, Maricopa County Attorney Rachel Mitchell in State v. Koert recently requested that the Maricopa County Superior Court declare Arizona’s anti-strategic...more

CDF Labor Law LLP

Judge Sanctions Class Action Plaintiff’s Counsel For Frivolously Failing to Disclose Arbitration Agreement

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A single error in the date and manner in which a plaintiff purchased avocado oil led to extreme sanctions against Plaintiff’s counsel in a consumer class action case....more

DLA Piper

Supreme Court to hear First Choice Women's Resource Centers, Inc. v. Platkin

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On December 2, 2025, the United States Supreme Court will hear oral argument in First Choice Women's Resource Centers, Inc. v. Platkin, a case with significant implications for nonprofit donor privacy, First Amendment rights,...more

Maison Law

California Injuries Due to Negligent Security: Who is Liable?

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If you are the victim of a crime due to unsafe conditions on another’s property, you may wonder who is responsible. That’s the question at the heart of negligent security. When a property owner or business fails to provide...more

Marshall Dennehey

Pennsylvania Trial Court Holds Plaintiff’s Amended Complaint in Motor Vehicle Injury Case Met Specificity Requirements Under Pa....

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Brooks v. Shandor, 2025 WL 2093659 (Pa.Com.Pl.Civil Div.) - The plaintiff alleged in their amended complaint that they suffered “other injuries, the extent of which is not yet known.” The defendant raised a specificity...more

Saul Ewing LLP

Class of Authors Can Pursue Copyright Infringement Claims Against OpenAI in SDNY

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What do the works of John Grisham, Jodi Picoult, and George R.R. Martin have in common? In addition to being bestsellers, they are at the heart of a consolidated class action asserting OpenAI's use of those authors' work as...more

Marshall Dennehey

New Jersey Supreme Court Holds One-Year Statute of Limitations for Defamation Also Applies to False Light Claims

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Salve Chipola, III v. Sean Flannery, (A-2-24) (088836) (August 7, 2025) - The New Jersey Supreme Court ruled that the one-year statute of limitations for defamation claims equally applies to false light claims. Due to the...more

U.S. Legal Support

Witness Preparation Mistakes to Avoid

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What scares you most? If you fall into the majority, then things like spiders and heights are actually an easier sell than public speaking....more

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