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Judge Approves $138.75M Settlement Between Investors, Mining Company

NEW YORK — A federal judge in New York granted final approval of a $138.75 million settlement between investors and a mining company and two executives who allegedly violated federal securities laws by making false and misleading statements about the progress of a mine’s construction.

2 Settlements Totaling $13.5M Approved In Snowflake MDL

BUTTE, Mont. — A federal judge in Montana issued two orders granting final approval of $3.5 million and $10 million settlements with The Neiman Marcus Group LLC and Advance Auto Parts Inc. and Advance Stores Co. Inc. (together, Advance), respectively, in a multidistrict litigation over data breaches experienced by a data storage firm.

OpenAI Must Face ChatGPT Output Copyright Claims, Judge Says

SAN FRANCISCO — OpenAI entities must face class claims alleging that ChatGPT outputs material substantially similar to copyrighted works, the federal judge in New York overseeing the multidistrict litigation said Oct. 27.

Judge’s Construction Of Claim In Heart Valve Patent Correct, Federal Circuit Says

WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on Oct. 27 affirmed a stipulated judgment of noninfringement issued by a Delaware federal judge in a patent dispute over a transcatheter aortic valve, holding that there was no error in the judge’s construction of the disputed claim phrase “outer frame.”

Trump, Others Seek Supreme Court Stay In Battle Over Copyright Register Job

WASHINGTON, D.C. — The U.S. president has the power to remove executive officers, including the register of copyrights, the acting librarian of congress, President Donald J. Trump and others argue in an Oct. 27 U.S. Supreme Court application seeking to stay an interlocutory injunction by the District of Columbia Circuit U.S. Court of Appeals.

Majority: Misappropriation Exclusion Does Not Relieve Insurer Of Its Duty To Defend

NEW YORK — A Second Circuit U.S. Court of Appeals majority vacated a lower federal court’s dismissal of a law firm insured’s defense and indemnification claims against its professional liability insurer, reversed its denial of the insured’s motion for partial summary judgment as to the insurer’s duty to defend and remanded for the lower court to enter partial summary judgment in favor of the insured, finding that the insurer cannot defeat its duty to defend based on the policy’s misappropriation exclusion.

D.C. Circuit Won’t Stay Injunction In Dispute With FTC Over ‘Antisemitic’ X Posts

WASHINGTON, D.C. — A split District of Columbia Circuit U.S. Court of Appeals panel denied the Federal Trade Commission’s motion for an emergency stay pending appeal of a lower court’s preliminary injunction enjoining the FTC’s civil investigative demand of Media Matters for America regarding its reporting alleging in part that advertisements on X, formerly known as Twitter, “appeared adjacent to antisemitic posts,” finding that the FTC did not show the likelihood of overturning the lower court’s finding of a link “between Media Matters’ protected speech and the Commission’s issuance of its sweeping and unexplained Demand.”

Kentucky Top Court: Carrier Liable For Workers’ Claim Despite Late Date Switch

FRANKFORT, Ky. — Kentucky workers’ compensation law binds the carrier responsible for the last injurious exposure to asbestos in a workers’ compensation case, even though that insurer did not participate in previous proceedings as a result of a change to the last date of exposure, the Kentucky Supreme Court said in affirming a lower appellate court ruling.

7th Circuit Says Experts Did Not Prove Causation, Affirms Summary Judgment

CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed summary judgment for Lands’ End Inc. and Lands’ End Outfitters Inc. (together, Lands’ End) in a suit brought by airline employees who alleged that their uniforms caused symptoms such as rashes, headaches and hair loss, finding that none of the employees’ experts proved causation and that the employees also failed to abide by the warranty's terms.

Charging Patent Claims Invalid As Obvious, Federal Circuit Panel Says

WASHINGTON, D.C. — There was no error in the U.S. Patent Trial and Appeal Board’s (PTAB) construal of the claim term “coupled” in its consideration of a technology company’s patent describing an inductive charging system, a Federal Circuit U.S. Court of Appeals panel held Oct. 24, affirming PTAB’s findings that multiple claims of the patent were obvious due to prior art references.

5th Circuit Vacates Fees, Damages Against Law Firm Name Fakers In IP Fight

NEW ORLEANS — A Fifth Circuit U.S. Court of Appeals panel affirmed a Texas federal judge’s grant of summary judgment to a law firm on its trademark claims against a man and two attorneys who made a fake website using the law firm’s name as part of a landlord-tenant dispute, but the panel vacated more than $2 million in damages and fees the judge ordered to be paid to the real law firm, finding that the judge failed to explain the basis for the award.

LATEST NEWS

Airport Asks 6th Circuit To Reverse Lower Court’s Ruling On PFAS Liability
Judge Approves $138.75M Settlement Between Investors, Mining Company
Groups Broaden Case Against Trump Over Reopening Of Offshore Areas For Fracking
Injunction Granted, Trademark Use Enjoined In Counterfeit Insurance Policy Dispute
Motion To Vacate Granted In Employee Fraud Suit With Jury Award Of Over $2.4M
New 9th Circuit Test For ERISA Releases Is Focus Of High Court Petition
2 Settlements Totaling $13.5M Approved In Snowflake MDL
Justin Baldoni, Movie Studios Move To Toss Insurer’s Suit In Favor Of Other Forum
Insurer, City Seek Dismissal Of Coverage Suit Arising From Wrongful Conviction
Consumer, Weight Loss Companies In Bankruptcy Resolve Suit After Stay Lifted
AI Company To High Court: Federal Circuit Opinion Could Harm AI Patents
OpenAI Must Face ChatGPT Output Copyright Claims, Judge Says
Judge Won’t Award ‘Premature’ Attorney Fees, Wants Fake Cites Explained
Bettor Sues Horse Racing Betting Companies, Alleges Computer-Assisted Scheme
Magistrate Grants Motion To Compel Discovery In ‘Upcoding’ Insurance Fraud Suit
Judge’s Construction Of Claim In Heart Valve Patent Correct, Federal Circuit Says
Expert In Glyphosate Case Against Monsanto Is Admissible, Plaintiffs Say
5th Circuit Slightly Revises Opinion In Health Care Claims Assignment Dispute
Insurer Is Equitably Estopped From Denying Coverage, 2nd Circuit Affirms
Trump, Others Seek Supreme Court Stay In Battle Over Copyright Register Job
Funding-Related Stay Granted In Suit For COVID-Era Employment Credits
Judge: Stay Request In Vaccine Harm Case Covered By Blanket Deadline Extensions
Deadline Extended Due To Shutdown In Suit To Block Ending Of COVID-Related Grants
Majority: Misappropriation Exclusion Does Not Relieve Insurer Of Its Duty To Defend
E-Cig Companies Defend ‘Carbon-Neutral’ Claims Against ‘Greenwashing’ Suit
$4.7M Class Deal Reported In Tobacco Surcharge Case That Survived Dismissal
PTAB Right To Find Semiconductor Claims Obvious, Federal Circuit Says
Pair Of New Class Actions Adds To Copyright Headaches For AI Companies
IRS Seeks Summary Judgment, Claims Final Rule Complies With Statutory Authority
College Asks Justices To Hear Student Loan Class Settlement Intervention Question