James Arkin

Washington, D.C.

Editor, Privacy News at Bloomberg Law

Editor of IP/Privacy News @BLaw. Past work: Law360/Politico/RCP. 2X @medillschool alum. 90s music enthusiast. Sitcom aficionado. Avid moviegoer. Proud Ohioan

Articles

Medical AI Firm Says Competitor Hacked Prompts to Steal Secrets

4 days ago | news.bloombergtax.com | Aruni Soni |James Arkin

Doximity Inc. executives impersonated physicians and conducted a months-long cyberattack using malicious inputs to extract trade secrets from competitor OpenEvidence Inc.'s artificial intelligence model, the AI startup said in a federal lawsuit.
Bausch Cancer Patent Tribunal Win Vacated by Appeals Court

1 week ago | news.bloomberglaw.com | James Arkin

Patent Board Must Clarify ‘Unexpected Results’ ReasoningAppeals court says PTAB erred on Bausch evidenceThe Federal Circuit vacated an administrative tribunal’s decision rejecting MSN Pharmaceuticals Inc.’s bid to cancel a Bausch Health Ireland Ltd. patent and ordered it to reconsider the evidence supporting its finding that the patent wasn’t obvious.
Netflix Win Axing Streaming Patent Claims Affirmed on Appeal

1 week ago | news.bloomberglaw.com | James Arkin

A patent tribunal correctly invalidated more than a dozen claims of a video streaming patent asserted by Broadcom Inc. affiliates against Netflix Inc. , the Federal Circuit ruled, directing the body to reconsider the four claims it declined to invalidate.
Walmart Patent Bids Set $223 Million Trade Secret Loss Apart

3 weeks ago | news.bloombergtax.com | Kyle Jahner |James Arkin |Adam Taylor

A plaintiff’s claims that Walmart publicly applied to patent technology after it was accused of stealing it added an unusual twist to a trade-secrets case that’s twice resulted in nine-figure verdicts and appears far from over. Zest Labs Inc. also called two Walmart Inc. patent applications not disclosed in discovery “stealth torpedoes” that would inevitably erase its trade secrets for managing fresh-food inventory.
OpenAI Continues to Fight Discovery Order Over Privacy Concerns

3 weeks ago | news.bloombergtax.com | Kyle Jahner |James Arkin

OpenAI Inc. urged a New York federal judge to unwind a “sweeping, unprecedented order” to preserve data for several copyright suits that it argued threatens privacy rights of hundreds of millions of users. Magistrate Judge Ona T. Wang’s order to “preserve and segregate all output log data” forces OpenAI to rescind users’ control over when and how their ChatGPT conversation data is used and retained, it said in a Tuesday filing in the US District Court for the Southern District of New York.
Appeals Panel Doubts Court Error Enough to Revive Peloton Suit

3 weeks ago | news.bloombergtax.com | Annelise Levy |James Arkin

A Ninth Circuit panel acknowledged a lower court erred in analyzing a workout app-maker’s Bike+ trademark but questioned whether the lapse is enough to revive its lawsuit accusing Peloton Interactive Inc. of infringement. A California district court bypassed analysis of the strength of World Champ Tech LLC’s mark after finding it was descriptive, even though there’s nothing in case law that says a court can do so, Judge Lucy H.
Eminem Publisher Accuses Meta of Infringing Music Copyrights

3 weeks ago | news.bloombergtax.com | Aruni Soni |James Arkin

Rapper Eminem’s music publisher accused Meta Platforms Inc. of “rampantly” infringing his copyrights by offering his music to sync with photos and videos publicly streamed on its social media apps without permission. Meta had no license to store and distribute Eminem’s songs on its Facebook, Instagram and Whatsapp platforms, according to a complaint filed by Eight Mile Style LLC and label Martin Affiliated LLC in the US District Court for the Eastern District of Michigan.
Jury Unanimity Targeted in Patent Appeals Totaling $530 Million

3 weeks ago | news.bloombergtax.com | Michael W. Shapiro |James Arkin |Adam Taylor

Three appeals in federal patent-infringement lawsuits center on the legality of an East Texas judge’s unconventional choice to have juries answer a single yes-or-no question on whether defendants copied multiple patents rather than deciding separately whether each individual patent was infringed. In each case, District Judge Rodney Gilstrap rejected requests for separate, more specific verdict questions, and juries assessed tens or hundreds of millions in damages.
Judge Rejects Ex-Copyright Chief’s Bid to Pause Trump Firing (2)

1 month ago | news.bloombergtax.com | Aruni Soni |Kyle Jahner |James Arkin |Kartikay Mehrotra

President Donald Trump’s firing of Copyright Office Director Shira Perlmutter will stand for now as a judge ruled Wednesday she hadn’t shown she’d suffer irreparable harm. Perlmutter can’t resume her duties as director as her bid for a temporary restraining order was rejected by Judge Timothy J. Kelly, a Trump appointee, who ruled from the bench during a hearing in the US District Court for the District of Columbia.
Federal Circuit Undoes Tribunal Decision in Imaging Patent Fight

1 month ago | news.bloombergtax.com | Michael W. Shapiro |James Arkin

The Federal Circuit said a tribunal erred by not invaliding parts of an imaging-system patent issued because of disclosures in a paper written by a scientist at the Mayo Clinic describing using an X-ray beam to view rodent organs. The board improperly narrowed the scope of the patent to distinguish its claims from the earlier paper, District Judge Mitchell S.

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James Arkin @JamesArkin

7 Feb 25

RT @cassandrecoyer1: 🔴And one more suit over DOGE's access/use of sensitive data. I'm looking for folks to chat about the privacy claims br…

James Arkin @JamesArkin

16 Jan 25

"The Indians win it! The Indians win it! Oh my god the Indians win it!" The call from Major League will live on forever. Watch it every season before opening day. RIP to a legend.