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Robinson+Cole Data Privacy + Security Insider

Thomson Reuters Wins Copyright Case Against Former AI Competitor

Thomson Reuters scored a major victory in one of the first cases dealing with the legality of using copyrighted data to train artificial intelligence (AI) models. In 2020, Thomson Reuters sued the now-defunct AI start-up Ross...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Written Description and Enablement Depend on What a Patent 'Claims,' Not What the Claims Cover

The Federal Circuit recently reversed a district court decision that found a patent that did not describe after-arising technology failed to satisfy the written description requirement. In so doing, the Federal Circuit...more

Knobbe Martens

Every Word Counts: Specification Naming Conventions Can Limit Claim Scope

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A patent’s specification established a naming convention that applied to terms in the patent’s claims. Microchip Technology filed an IPR, arguing all claims of HD Silicon Solutions’ patent were invalid. The challenged patent...more

Knobbe Martens

New Trial Granted Because “Nearly All” of the Defendant’s Noninfringement Evidence Was Untimely

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The district court erred by admitting untimely expert testimony on noninfringement and by refusing to grant a new trial after the jury found noninfringement. Trudell Medical International (“Trudell”) sued D R Burton...more

Weintraub Tobin

(Podcast) The Briefing: Bad Spaniels – Infringement? No. Dilution? Yes

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On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court’s ruling on trademark infringement vs....more

Weintraub Tobin

The Briefing: Bad Spaniels – Infringement? No. Dilution? Yes

Weintraub Tobin on

On this episode of The Briefing, Scott Hervey and Tara Sattler dive into the landmark Jack Daniels v. VIP Products case that changed trademark law. They break down the Supreme Court’s ruling on trademark infringement vs....more

IR Global

Building an Exitable Company

IR Global on

When it comes to protecting intellectual property (IP), there are always “miles to go before you can sleep.” A mid-stage business with proven concepts, realizing revenue and planning for growth, revisiting, and building a...more

BakerHostetler

Challenging a Patent via an IPR? Patentees Have an Approved Method to Mitigate the Impact

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In response to a lawsuit for patent infringement, often a defendant will file an inter partes review (IPR) challenging the validity of the asserted claims. How can a patentee avoid this scenario?...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Resolving Claim Ambiguity via Reissue

Takeaways - -Intra-patent claim inconsistencies are errors correctible via reissue. -Subtle legal distinctions in reissue may require PTAB appeals. Patent prosecution errors occur. One such error that occurs is...more

Fisher Phillips

5 Steps You Can Take to Ensure Your Company’s AI-Generated Works are Protected By Copyright

Fisher Phillips on

As organizations increasingly integrate AI into their creative processes, it’s imperative to understand the ins and outs of intellectual property (IP) issues – particularly concerning copyright protection. HR managers and...more

Ballard Spahr LLP

Court Issues First Decision on AI and Fair Use

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Recently, a federal court issued the first ruling on the closely watched issue of fair use in copyright infringement involving AI. The court ruled in favor of the plaintiff on its direct infringement claim, and ruled that the...more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

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Albert Einstein is credited with saying “the measure of intelligence is the ability to change.” In September 2023, Judge Stephanos Bibas—sitting by designation in the District of Delaware—denied plaintiff Thomson Reuters’...more

Jones Day

USPTO/PTAB: Changes are on the Horizon

Jones Day on

In the closing weeks of 2024, USPTO Director Kathi Vidal announced her departure in a November LinkedIn post, stating that she would leave the Office during the second week of December to rejoin the partnership of...more

Lowenstein Sandler LLP

Federal Court Rules Against ‘Fair Use’ Defense for AI Training

Lowenstein Sandler LLP on

On Tuesday, February 11, the U.S. District Court for the District of Delaware held in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS Intelligence Inc. that the defendant’s unauthorized use of the plaintiff’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court Reverses Itself in AI Training Data Case

In an unexpected development, the judge in Thomson Reuters v. Ross Intelligence — a case concerning the use of copyrighted material to train an artificial intelligence (AI) model — reversed much of his 2023 decision denying...more

A&O Shearman

Federal Circuit Affirms Finding Of Personal Jurisdiction And Preliminary Injunction Against Biosimilar Applicants

A&O Shearman on

On January 29, 2025, the U.S. Court of Appeals for the Federal Circuit affirmed the grant of a preliminary injunction by the Northern District of West Virginia in favor of Regeneron Pharmaceuticals, Inc. against Samsung...more

Vorys, Sater, Seymour and Pease LLP

The Precendent: U.S. Court of Appeals for the Federal Circuit Reaffirms Standard of Proof for Correcting Inventorship in BearBox...

In this edition of The Precedent, we outline the recent federal circuit decision in BearBox LLC v. Lancium LLC. The United States Court of Appeals for the Federal Circuit recently affirmed that parties seeking correction of...more

Robins Kaplan LLP

New ANDA Cases - Winter 2024

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This chart summarizes the case name, presiding judge, drug, and patents-at-issue in all federal district court cases that are filed pursuant to the Hatch-Waxman Act. It also includes the same information for proceedings...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies Timing Issues Associated with Pre-AIA Patent Applications in Lynk Labs, Inc. v. Samsung...

In this edition of The Precedent, we outline the recent federal circuit decision in Lynk Labs, Inc. v. Samsung Elecs. Co. This case addresses the date on which a pre-AIA published patent application obtains its status as...more

Morris, Manning & Martin, LLP

… Ready for It? A Lesson on Intent-to-Use Trademark Filings Inspired by Taylor Swift

Taylor Swift’s upcoming trademark deadline has sparked speculation that she is gearing up to release Reputation (Taylor’s Version). In February 2021, Swift’s legal team filed an intent-to-use (ITU) trademark application for...more

McDermott Will & Emery

Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows

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The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted...more

McDermott Will & Emery

Judicial Bias and Erroneous Admission of Expert Testimony Prompt Case Reassignment

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The US Court of Appeals for the Federal Circuit reversed a district court’s decision to admit expert testimony and remanded the case to a different judge, noting that “from the moment this case fell in his lap, the trial...more

Alston & Bird

Patent Case Summaries | Week Ending February 7, 2025

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HD Silicon Solutions LLC v. Microchip Technology, Inc., No. 2023-1397 (Fed. Cir. (PTAB) Feb. 6, 2025). Opinion by Lourie, joined by Stoll and Cunningham....more

Jenner & Block

Client Alert: Court Decides that Use of Copyrighted Works in AI Training Is Not Fair Use: Thomson Reuters Enterprise Centre GmbH...

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On February 11, 2025, Judge Bibas of the Third Circuit, sitting by designation in the US District Court for the District of Delaware, issued a decision granting partial summary judgment to Thomson Reuters in the closely...more

McDermott Will & Emery

It’s Obvious: Erroneous Claim Construction Can Be Harmless

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The US Court of Appeals for the Federal Circuit affirmed a Patent Trial & Appeal Board obviousness determination even though it found the Board had improperly construed a claim term, because the Court found the error harmless...more

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