In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more
8/30/2024
/ Artificial Intelligence ,
Artificial Reproduction ,
Breach of Contract ,
Copyright ,
Copyright Infringement ,
DMCA ,
False Endorsements ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Motion to Dismiss ,
Patent Litigation ,
Patents ,
Trade Dress ,
Unjust Enrichment
It seems like every week brings a new dispute over artificial intelligence (AI), mostly focused around new features and uses of generative AI. Last week was no exception, with OpenAI unveiling human-like voices soon being...more
The Federal Trade Commission, voting 3-2 along party lines, adopted a Final Rule banning non-compete agreements. The Final Rule allows some narrow exceptions (based both on time and circumstances) but prospectively prohibits...more
4/24/2024
/ Department of Labor (DOL) ,
Federal Bans ,
Federal Trade Commission (FTC) ,
Final Rules ,
FTC Act ,
Intellectual Property Protection ,
Memorandum of Understanding ,
Non-Compete Agreements ,
Non-Disclosure Agreement ,
Non-Solicitation Agreements ,
Notice of Proposed Rulemaking (NOPR) ,
Restrictive Covenants ,
U.S. Commerce Department
Parties often push experts to testify outside their area of expertise and leave it up to the expert to push back when uncomfortable. If the expert fails to do so, a party's aggressiveness may come back to haunt it before the...more
Intelligent Machines - Engines of Intellectual Property Creation? -
Recently, artificial intelligence (AI) has become an increasing part of our daily lives. Many of us utilize virtual assistants such as Apple’s Siri and...more
The DTSA After One Year: Has the Federal Trade Secrets Law Met Expectations? -
On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation –...more
9/18/2017
/ Defend Trade Secrets Act (DTSA) ,
Forum Selection ,
Intellectual Property Protection ,
Marijuana ,
Misappropriation ,
Patents ,
Principal Place of Business ,
TC Heartland LLC v Kraft Foods ,
Trade Secrets ,
Venue ,
Water Splash v Menon
On May 11, 2017, the Defend Trade Secrets Act (DTSA) – the law that created a Federal cause of action for trade secret misappropriation – celebrated its first birthday. The law was the result of years of negotiation between...more
Supplemental Examination: Potential Benefits vs. Guaranteed Risks -
The America Invents Act of 2011 introduced supplemental examination of patents as a post-grant process intended to limit expensive and unpredictable...more
9/16/2016
/ 3D Printing ,
America Invents Act ,
Compulsory Licenses ,
Defend Trade Secrets Act (DTSA) ,
Digital Media ,
DMCA ,
EU ,
Indirect Infringement ,
Intellectual Property Protection ,
Music Streaming ,
Patents ,
Popular ,
Royalties ,
Startups ,
Supplemental Examination ,
Trade Secrets ,
Trademarks ,
UTSA ,
Venture Capital ,
Venture Funding
May 2016 was a banner month for trade secret protection around the world. On May 11, 2016, President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”) into US law, creating a new Federal cause of action for...more
In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more
9/15/2015
/ Aleynikov ,
Confidential Information ,
Defend Trade Secrets Act (DTSA) ,
Double Jeopardy ,
Economic Espionage Act ,
Ex Post Facto Clause ,
FBI ,
Goldman Sachs ,
High Frequency Trading ,
Indictments ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Misappropriation ,
Motion to Dismiss ,
Popular ,
Proposed Legislation ,
Rule of Lenity ,
Source Code ,
Trade Secrets ,
US v Aleynikov
In 2009, Sergey Aleynikov was a computer programmer employed by Goldman Sachs to write high-frequency trading code. He accepted an offer to join a new Chicago-based company, Teza Technologies. Before he left Goldman Sachs,...more
7/7/2015
/ Aleynikov ,
Convictions ,
Criminal Prosecution ,
Double Jeopardy ,
European Economic Area (EEA) ,
Ex Post Facto Clause ,
FBI ,
Foreign Commerce ,
Goldman Sachs ,
High Frequency Trading ,
Intellectual Property Protection ,
Interstate Commerce ,
Misappropriation ,
Source Code ,
Trade Secrets ,
US v Aleynikov ,
Vacated