Section 101 eligibility remains one of the most unpredictable and frequently contested areas of U.S. patent practice, particularly for software, artificial intelligence, and machine learning....more
2/3/2026
/ Artificial Intelligence ,
California ,
China ,
Copyright ,
Copyright Litigation ,
Evidence ,
Fair Use ,
Innovative Technology ,
Machine Learning ,
New Guidance ,
New Legislation ,
Patent Examinations ,
Patent-Eligible Subject Matter ,
Proposed Rules ,
Section 101 ,
Training Requirements ,
USPTO
Since the launch of the first Large Language Models (LLMs), a wave of copyright litigation has been initiated by authors, musicians, and news organizations alleging that their works were misappropriated to build today’s most...more
2/2/2026
/ Algorithms ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Data Collection ,
Emerging Technologies ,
Fair Use ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Technology ,
Transformative Use
On September 29, 2025, California Governor Gavin Newsom signed into law Senate Bill 53 (“SB 53”), which includes the Transparency in Frontier Artificial Intelligence Act (“TFAIA”). This new law makes California the first...more
10/27/2025
/ Artificial Intelligence ,
California ,
Disclosure Requirements ,
Executive Orders ,
Exports ,
Healthcare ,
Illinois ,
International Trade ,
Mental Health ,
New Legislation ,
Regulatory Requirements ,
South Korea ,
State and Local Government
Online shopping is here to stay, and so are trademark concerns for e-commerce shopping platforms. However, platforms and service providers lack clear precedent on when they are responsible for trademark infringing activities...more
10/1/2025
/ Artificial Intelligence ,
Data Privacy ,
DMCA ,
General Data Protection Regulation (GDPR) ,
Intellectual Property Protection ,
Online Marketplace ,
Online Platforms ,
Patent Cooperation Treaty ,
Patents ,
Trademark Infringement ,
Trademarks ,
Unfair or Deceptive Trade Practices ,
USPTO
Key Takeaway: When facing a patent infringement suit, accused infringers traditionally turned to inter partes review (IPR) as a faster, more cost-effective alternative to district court litigation. However, recent guidance...more
8/5/2025
/ Artificial Intelligence ,
Copyright ,
EU ,
Ex Partes Reexamination ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Patent Infringement ,
Patent Invalidity ,
Patent Litigation ,
Prior Art ,
Semiconductors ,
USPTO
The European Commission recently launched a public consultation on the implementation of the AI Act, primarily focused on the classification (and ultimate regulation) of “high risk” AI systems. The AI Act employs a risk-based...more
7/8/2025
/ AI Act ,
Algorithms ,
Artificial Intelligence ,
Copyright Infringement ,
Copyright Litigation ,
Data Breach ,
EU ,
European Commission ,
Fair Use ,
Legal Technology ,
Machine Learning ,
Proposed Legislation ,
Regulatory Requirements ,
Risk Management ,
Thomson Reuters ,
Unjust Enrichment
Kadrey v. Meta! On the merits! A doozy of a summary judgment opinion in form and substance. "The devil is in the details," but even for non-lawyers, at least the first five pages are a must-read - there are almost no legal...more
7/2/2025
/ Algorithms ,
Artificial Intelligence ,
Authorship ,
Books ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Litigation ,
Legal Technology ,
Machine Learning ,
Social Media ,
Summary Judgment ,
Technology Sector
Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more
6/3/2025
/ AI Act ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Intellectual Property Litigation ,
International Trade Commission (ITC) ,
Machine Learning ,
New Legislation ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Standard Essential Patents