INTELLECTUAL CURIOSITY - Happy New Year! Extra happy, in fact, if IP law happens to be what floats your boat. As Law.com’s Scott Graham reports, all eyes will be on the U.S. Supreme Court in 2023 when it comes to IP. After a few relatively quiet years for IP, the high court is expected to hear arguments in a high-stakes biopharma patent case and two trademark cases that will include a hard look at the framework for balancing expressive content against trademark rights. The court has already heard arguments in a closely watched copyright fair use case—The Andy Warhol Foundation for the Visual Arts v. Goldsmith—which could be relevant everywhere from photography to internet mashups to generative artificial intelligence. However, the justices will be answering some interesting questions without two of their most prominent voices in IP over the last 25 years: Justice Stephen Breyer, who retired in 2022, and Justice Ruth Bader Ginsburg, who died in 2020.
TRADE SECRET TREACHERY? - Perhaps a good way to kick off 2023 is with the realization that, in Big Law, the days of everybody copying everybody else may finally be fading. As Law.com’s Justin Henry reports, Proskauer Rose’s recent suit against its former chief operating officer for allegedly stealing trade secrets spotlights the lengths law firms will go these days to protect their competitive advantages. To firm leaders at Proskauer and observing firm leaders, the breach described in last week’s complaint poses a threat of rival law firms gaining access to internal secrets that give Proskauer a competitive edge: partner compensation models, firm-built software and profitability reports for various departments, among other materials.
ON THE RADAR - Kilpatrick Townsend & Stockton filed a breach-of-contract lawsuit Friday in Texas Northern District Court on behalf of Digital Recognition Network Inc., a provider of license plate recognition services. The complaint brings claims against Relentless Recovery Inc. in connection with the defendant’s termination of a license agreement and seeks to enforce a non-compete provision. Counsel have not yet appeared for the defendant. The case is 4:22-cv-01158, Digital Recognition Network, Inc. v. Relentless Recovery, Inc. Stay up on the latest deals and litigation with the new Law.com Radar.
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