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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

McDonnell Boehnen Hulbert & Berghoff LLP

Aurobindo v. Merck Sharp and Dohme -- Oral Argument

The Federal Circuit heard oral argument in Auribundo's appeal of the district court's decision in favor of plaintiff Merck, in a case captioned In re Sugammadex (alternatively, Aurobindo v. Merck Sharp and Dohme). The issue...more

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

Fair-Use Whiplash: Thomson Reuters v. Ross Intelligence Revisits Fair Use for Artificial Intelligence

On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future...more

Mintz - Intellectual Property Viewpoints

UPC Risks Unveiled: Navigating Outcome Trends and Parallel Revocation Strategies

The Unified Patent Court (UPC) is transforming the way patents are enforced and challenged in Europe with its broad jurisdiction and potential for harmonizing the patent enforcement situation in a significant part of the...more

Goodwin

Court Rejects Fair Use Defense in AI Copyright Case

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A federal district court in Delaware has issued the first AI copyright fair use decision on the merits, granting partial summary judgment for copyright owner Thomson Reuters on copyright infringement and rejecting defendant...more

BakerHostetler

Surprise Move: Judge Walks Back AI Copyright Ruling in Thomson Reuters v. ROSS

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Thomson Reuters v. ROSS, 1:20-cv-00613-SB, is the first district court case to address fair use and copyright infringement related to training AI models. Judge Bibas granted summary judgment of no fair use upon a balancing of...more

Troutman Pepper Locke

Latest NCAA Settlement Directly Targets NIL-Recruiting Ban

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On January 31, the attorney general (AG) for the state of Tennessee and the attorney general for the Commonwealth of Virginia announced that they had reached an agreement in principle with the National Collegiate Athletics...more

BakerHostetler

What Thomson Reuters v. Ross Does and Doesn’t Say About Fair Use and Generative AI

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The first 24 hours of punditry on Judge Stephanos Bibas’s summary judgment of no fair use in Thomson Reuters v. Ross Intelligence, Inc., Case 1:20-cv-00613-SB (D. Del.), has largely oscillated between predictions that the...more

Venable LLP

Judge Rejects Fair Use Defense in Thompson Reuters' AI Copyright Suit Against Ross Intelligence

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On February 11, 2025, Judge Stephanos Bibas issued an opinion in Thomson Reuters Enterprise Centre GMBH v. Ross Intelligence Inc., civ. no. 1:20-cv-613, a dispute regarding copyright infringement allegations stemming from the...more

Troutman Pepper Locke

Copyright Office Advises on Copyrightability of Generative AI Works

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On January 29, the U.S. Copyright Office published the second part of a planned three-part report on copyright and artificial intelligence (AI), this time focused on the question of copyrightability for AI-generated creative...more

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

IP Hot Topic: European Commission Suddenly Withdraws Proposed SEP Regulation

On February 11, 2025, the European Commission withdrew its longstanding, and much debated, proposal for standard essential patent (SEP) regulation. The withdrawal was met with mixed reactions, with SEP holders largely...more

Cozen O'Connor

Amendments to Trademarks Regulations Prompt Changes at Trademarks Opposition Board

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On January 29, 2025, the Canadian Intellectual Property Office (CIPO) announced that the long-awaited amendments to the Trademarks Regulations (SOR/2018-227) and new practice notices implementing cost awards, confidentiality...more

Mayer Brown

Human Input Necessary for Copyrightability of Works Created with Artificial Intelligence

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Last week, the United States Copyright Office (“USCO”) released its long-anticipated report on the copyrightability of works created with the aid of artificial intelligence (“AI”). The report did not break new ground by...more

Jones Day

Global Trade Secret Update - Key Developments in 2024

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This publication summarizes noteworthy 2024 legal developments in trade secret law in key centers of commerce throughout the world. Understanding these legislative and judicial developments can help trade secret owners...more

Jones Day

Federal Circuit Remands Based On Inadequate Explanation

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Palo Alto Networks (PAN) filed a petition for inter partes review of Centripetal Networks’ patent—U.S. Patent No. 10,530,903—which is directed to a computing system for correlating packets in communication networks with a...more

Ward and Smith, P.A.

The AI Royal Flush: The Five Foundations of Artificial Intelligence, Part 2

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This is Part 2 of a summary of Ward and Smith Certified AI Governance Professional and IP attorney Angela Doughty's comprehensive overview of the potential impacts of the use of Artificial Intelligence (AI) for in-house...more

International Lawyers Network

De-Cluttering in the New Year! Pilot Project in Canada to Cancel Trademark Registrations for Non-Use

By Marie Lussier In January 2025, the Registrar of Trademarks launched a pilot project in which it sends notices to certain registrants asking them to show use of their registered mark, failing which their registration is to...more

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

Clarification of New Fees Applicable to Reexaminations and Reissues

Takeaways - - Requestor submissions in reexamination proceedings are exempt from triggering IDS size fees. - Correcting filing benefit claims in reissue triggers the new continuing application fee. As we noted in our...more

Sheppard Mullin Richter & Hampton LLP

Court Definitively Rejects Fair Use Defense in AI Training Case

In one of the most closely-watched copyright cases this year, a Delaware court rejected defendant, ROSS Intelligence’s (“ROSS”), fair use and other defenses by vacating its previous stance and granting summary judgement in...more

Fox Rothschild LLP

The First U.S. AI Copyright “Fair Use” Ruling Favors Copyright Owners

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Yesterday, in the first U.S. ruling on the closely scrutinized question of fair use in the AI-related copyright litigation context, U.S. Circuit Judge Stephanos Bilbas, sitting in the U.S. District Court for the District of...more

Seyfarth Shaw LLP

Taste the Rainbow of Sanctions – Cannabis Company Violates Skittles Permanent Injunction

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What happens when a party attempts to sidestep the strict guidelines of a court order?  A cannabis company’s non-compliance with an injunction illuminates the consequences of playing with fire.  Wm. Wrigley Jr. Company v....more

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