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Week Ahead in Intellectual Property: Oct. 25, 2021

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  • Akin Gump Strauss Hauer & Feld LLP
  • Arnold & Porter Kaye Scholer LLP
  • Sidley Austin LLP
  • Morris, Nichols, Arsht & Tunnell LLP
  • Haynes and Boone, LLP

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(Reuters) - Here are some upcoming events of interest to the intellectual property law community. Unless otherwise noted, all times are local, and court appearances are in person.

Monday, Oct. 25

8:30 a.m. - A week-long jury trial will begin in Delaware on Boston Scientific's claims that Nevro's Senza Spinal Cord Stimulation System infringes patents related to its similar treatment. Nevro has argued that its system for treating chronic pain doesn't infringe and that the patents are invalid based on prior art, indefiniteness, or a lack of a proper written description. A separate trial on whether Nevro misappropriated Boston Scientific's trade secrets after hiring away several of its former employees will be held later. U.S. District Judge Colm Connolly is presiding.

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The case is Boston Scientific Corp v. Nevro Corp, U.S. District Court for the District of Delaware, No. 1:16-cv-01163. For Boston Scientific: Michael Kahn of Akin Gump Strauss Hauer & Feld, Matthew Wolf of Arnold & Porter Kaye Scholer, Michael Farnan of Farnan LLP. For Nevro: Bradford Badke of Sidley Austin, Rodger Smith of Morris Nichols Arsht & Tunnell.

10 a.m. - The 2nd U.S. Circuit Court of Appeals will hear oral arguments in a dispute between wedding-dress designer and influencer Hayley Paige Gutman and bridal fashion company JLM Couture. JLM received a preliminary injunction from a Manhattan federal court that blocked Gutman from posting to her social media accounts or using her name as a trademark after she allegedly breached her employment agreement with the company. Gutman argues on appeal that the order "improperly enjoins Hayley from earning a living" and "includes the grievous injury of taking away Hayley's identity."

The case is JLM Couture Inc v. Gutman, 2nd U.S. Circuit Court of Appeals, No. 21-870. For Gutman: Richard Rochford and Joseph Lawlor of Haynes & Boone. For JLM: Sarah Matz and Gary Adelman of Adelman Matz.

Tuesday, Oct. 26

10 a.m. - The U.S. Copyright Office and U.S. Patent and Trademark Office will co-host a free online conference called Copyright Law and Machine Learning for AI: Where Are We and Where Are We Going? The event will have three one-hour sessions and explore machine learning in practice, how existing copyright laws apply to the training of artificial intelligence, and the future of the field.

Wednesday, Oct. 27

10 a.m. - The 2nd Circuit will hear Genius Media Group's appeal of a ruling that the Copyright Act preempted its claims over Google's alleged misuse of song lyric transcriptions from Genius' website. Genius argues on appeal that the Copyright Act wasn't meant to "preempt Genius's ability to protect the fruits of its investments" by keeping it from bringing state-law claims that Google breached Genius' terms of service and competed with it unfairly. Genius also accused its competitor LyricFind, who provided the lyrics for Google, of copying the transcriptions.

The case is ML Genius Holdings LLC v. Google LLC, 2nd U.S. Circuit Court of Appeals, No. 20-3113. For Genius: Ilene Farkas, Marion Harris, and Kaveri Arora of Pryor Cashman. For Google: Brian Willen and Jason Mollick of Wilson Sonsini Goodrich & Rosati. For LyricFind: Kenneth Freundlich and Michael Kaiser of Freundlich Law.

Thursday, Oct. 28

9 a.m. - The U.S. Patent and Trademark Office will hold the first part of a free two-part program on strategies for fighting counterfeits from China on e-commerce platforms. The office says the online program will feature presentations by senior PTO attorneys with extensive China IP experience, representatives from platforms like Amazon and Alibaba, and others.

Know of an event that could be included in an upcoming Week Ahead in Intellectual Property? Contact Blake Brittain at blake.brittain@thomsonreuters.com

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Blake Brittain reports on intellectual property law, including patents, trademarks, copyrights and trade secrets. Reach him at blake.brittain@thomsonreuters.com

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