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International Lawyers Network

Katy v Katie: The Importance of Reputation and Early Brand Protection

Pop star Katy Perry has successfully appealed a Federal Court ruling over the use of an Australian designer’s trade mark registration for the words KATIE PERRY. The recent decision by the Full Court of the Federal Court...more

Venable LLP

Understanding Trade Secret Laws and Assets

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For companies, maintaining a competitive advantage over the market is necessary for long-term growth. In many cases, this competitive advantage takes the form of a federal- or state-protected trade secret, such as a...more

Jackson Walker

Federal Court Sides with Plaintiff in the First Major AI Copyright Decision of 2025

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AI copyright jurisprudence is set to have a big year in 2025. On February 11, 2025, a Delaware federal court issued the first major decision concerning the use of copyrighted material to train AI. The case is Thomson Reuters...more

Bond Schoeneck & King PLLC

AI Model Training is Unfair – In Limited Circumstances

A Delaware federal district court made headlines this week by issuing the first court decision rejecting fair use as a defense in training artificial intelligence (AI) models with copyrighted content. In Thomson Reuters...more

Haug Partners LLP

Federal Circuit Limits Use of PTAB Unpatentability Rulings to Estop Patentees From Asserting Claims

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On February 10, 2025, the Federal Circuit issued a precedential decision in Kroy IP Holdings, LLC v. Groupon, Inc., where the Court held that a “a prior final written decision of the [PTAB] of unpatentability on separate...more

Lathrop GPM

Patent and Trademark Applicants Could See Big Delays in 2025

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Patent and trademark applicants are likely to see significant changes with their applications in 2025. First, numerous fee increases have recently taken effect – on January 18 for trademark applications and January 19 for...more

Venable LLP

Spotlight On: Biosimilar Litigations - February 2025

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Biosimilar Litigations include litigations relating to biosimilar/follow-on products of CDER-listed reference products. Litigations between biosimilar applicants/manufacturers and reference product sponsors as well as...more

Venable LLP

Spotlight On: Humira® (adalimumab) / Amjevita™ (adalimumab-atto) / Cyltezo® (adalimumab-adbm) / Hyrimoz™ (adalimumab-adaz) /...

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Adalimumab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Schwabe, Williamson & Wyatt PC

Copyright Office Releases Second AI Report

The U.S. Copyright Office has now released the second of four reports in its Copyright and Artificial Intelligence series, addressing the copyrightability of works created using generative artificial intelligence. The...more

Bradley Arant Boult Cummings LLP

Fair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSS

Fair use — a critical defense in copyright law that allows limited use of copyrighted material without permission — has emerged as a key battleground in the wave of artificial intelligence (AI) copyright litigation. In a...more

Venable LLP

Spotlight On: Rituxan® (rituximab) / Truxima® (rituximab-abbs) / Ruxience® (rituximab-pvvr) / Riabni™ (rituximab-arrx) - February...

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Rituximab Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Benesch

AI Reporter - February 2025

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January saw activity in the copyright infringement lawsuit filed by a group of authors led by comedian Sarah Silverman against OpenAI. A magistrate judge ordered the AI pioneer to produce its datasets, which are used for...more

Carlton Fields

Use of Copyrighted Works in AI Training Is Not Fair Use: Thomson Reuters Enterprise Centre GmbH v. Ross Intelligence Inc.

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With the Trump administration’s push to establish America’s global dominance in artificial intelligence (AI), thorny questions of intellectual property rights and fair use are likely to be litigated with greater frequency....more

Offit Kurman

Navigating the USPTO’s New Trademark Fees

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It’s finally here. After months of warnings, announcements, and uneasiness about their application, the U.S. Patent and Trademark Office implemented a number of trademark-related fee changes in January 2025. These fees...more

Venable LLP

Spotlight On: Lantus® / Lantus® SoloSTAR® (insulin glargine recombinant) / Basaglar® (insulin glargine) / Semglee® (insulin...

Venable LLP on

Insulin Glargine Challenged Claim Types in IPR and Litigation: Claims include those challenged in litigations and IPRs. Claims are counted in each litigation and IPR, so claims from the same patent challenged in multiple...more

Venable LLP

FDA Approves Third Actemra® Biosimilar, Celltrion’s Avtozma® (tocilizumab-anoh)

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On January 24, 2025, the FDA approved Celltrion’s Avtozma® (tocilizumab-anoh), in intravenous and subcutaneous formulations, as the third biosimilar of Genentech’s Actemra® (tocilizumab)...more

Wolf, Greenfield & Sacks, P.C.

Fair Use in AI Copyright Litigation: A Surprising Turn in Thomson Reuters v. Ross

From the pages of The New York Times to the…general counsel’s office of The New York Times, AI copyright litigation is all the rage. Possible questions include the philosophical—e.g. “Could an AI agent hold a copyright?”—but...more

Axinn, Veltrop & Harkrider LLP

Pounding the Compounders: FDA’s “No Compound” Lists

Novo Nordisk recently made headlines petitioning FDA to stop the compounding of its blockbuster GLP-1 products so it can sell its patented semaglutide drugs exclusively. Compounding is the practice of creating new drug...more

Farella Braun + Martel LLP

Ruling Against Fair Use Defense for AI Training Seems To Be Narrow, but Is It?

In rejecting an AI company's fair use defense for using Thomson Reuters' Westlaw headnotes to train its competing legal tool, Judge Bilas, the District of Delaware judge in Thomson Reuters Enterprise Centre GMBH and West...more

ArentFox Schiff

Trade Secrets and Noncompete Agreements: Analysis of Significant Cases and Emerging Trends

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Trade secrets, noncompetes, and other restrictive covenants continued to make headlines in 2024. Most notably, the Federal Trade Commission (FTC) published a final rule imposing a near total ban on employee noncompetes that...more

Davis Wright Tremaine LLP

Thomson Reuters v. Ross Intelligence: Copyright, Fair Use, and AI (Round One)

Earlier this week, a federal judge rejected an AI startup's claim that using copyrighted material to train its AI system was permissible under the fair use doctrine. The decision—Thomson Reuters Enterprise Centre GmbH v. Ross...more

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

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