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Intellectual Property Litigation Artificial Intelligence Intellectual Property Protection

J.S. Held

Evolving Landscape of Technology Rights Enforcement

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Established 25 years ago at the turn of the century by the World Intellectual Property Organization (WIPO), World IP Day celebrates the unique contributions made by global inventors and creators. Over the past half century,...more

BakerHostetler

[Podcast] Slings and Arrows: Trade Secret Trends Reflect a Need for Safeguards

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Consider trade secret enforcement your armor on the battlefields of IP. Given greater exposure to cybersecurity breaches and data theft, a murky future for employee noncompete agreements, AI algorithms that challenge the...more

BakerHostetler

[Podcast] A New World: Indemnification, Artificial Intelligence and Intellectual Property

BakerHostetler on

To describe the rise of artificial intelligence (AI) as rapid is a vast understatement. From its ubiquitous presence assisting us in our most mundane daily tasks to its warm embrace by business leaders eager to revolutionize...more

Sheppard Mullin Richter & Hampton LLP

You Snooze, You Lose: Federal Circuit Emphasized Once Again the Importance of Preserving Issues for Appellate Review

AliveCor, Inc. v. Apple, Inc., No. 23-1512 (Fed. Cir. 2025) – On March 7, 2025, the Federal Circuit affirmed the Patent Trial and Appeal Board’s inter partes review (“IPR”) decisions invalidating all claims of three AliveCor...more

Dorsey & Whitney LLP

To Recuse or Not to Recuse? An Update.

Dorsey & Whitney LLP on

Given that litigation in the United States can take years from start to finish, we rarely see a conclusion to the cases we follow. In a prior blog post, we looked at the potential recusal requirements of the U.S. Supreme...more

J.S. Held

Utilizing Digital Forensics Expertise in Intellectual Property, Copyright & Trade Secret Matters

J.S. Held on

Need Assessment, Vetting, and Identification of a Reliable Expert in the Digital Forensics Process - Whether your organization is looking for advisory and expert support for an internal investigation into allegations of...more

Baker Botts L.L.P.

Intellectual Property Report April 2025

Baker Botts L.L.P. on

The case law surrounding patent apportionment has evolved significantly, with the Federal Circuit increasingly scrutinizing patent litigants’ reliance on “comparable licenses” as a means for calculating a reasonable royalty....more

Farella Braun + Martel LLP

Injunctive Relief Is Not Yet a Viable Remedy for Copyright Infringement Claims Involving GenAI

Since a February 11, 2025 decision by Judge Stephanos Bibas finding in favor of Plaintiff Thomson Reuters on copyright infringement during the model training process in Thomson Reuters Enterprise Centre GmbH et al. v. ROSS...more

Foley Hoag LLP

D.C. Circuit Holds that AI-Generated Artwork is Ineligible for Copyright Protection

Foley Hoag LLP on

Key Takeaways: - Confirming the position of the Copyright Office and past precedent considering the possibility of non-human authors, the D.C. Circuit held this week that the Copyright Act does not protect works created...more

McCarter & English, LLP

Paradise Lost: DC Circuit Affirms AI Has No Soul

Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled...more

DLA Piper

Another Chinese Court Finds that AI-Generated Images Can Be Protected by Copyright: The Changshu People’s Court and the ‘Half...

DLA Piper on

On 7 March 2025, the Changshu People’s Court (in China’s Jiangsu province) announced that it had recently concluded a case on the topical issue of whether AI-generated works can be protected by copyright. In the case, a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Appellate Court Affirms Human Authorship Requirement for Copyrighting AI-Generated Works

The U.S. Court of Appeals for the D.C. Circuit has affirmed a district court ruling that human authorship is a bedrock requirement to register a copyright, and that an artificial intelligence system cannot be deemed the...more

Goodwin

PTAB’s Reversal Sheds Light on Quantum Computing Patents

Goodwin on

Despite its potential to transform the global economy and impact national security, quantum computing has advanced largely outside public scrutiny. Artificial intelligence has dominated public discourse, while quantum...more

Lowndes

When the Machine Becomes the Creator: Artificial Intelligence v. the Human Creator Requirements of U.S. Copyright Law

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On March 18, 2025 the U.S. Supreme Court issued its decision in Stephen Thaler v. Shira Perlmutter et al., confirming that U.S. law requires human authorship. Specifically, the question presented to the Court was “can a...more

Minerva26

Generative AI in eDiscovery – The Legal Questions No One Saw Coming

Minerva26 on

Generative AI has been transforming the legal industry, assisting with everything from case law summarization to document review and legal research. But as its adoption accelerates, new legal questions are emerging: Should...more

Barnea Jaffa Lande & Co.

Precedent-setting ruling by a US court on a copyright lawsuit against an artificial intelligence platform

A US court (in Delaware) recently handed down a precedent-setting ruling on a lawsuit filed by a copyright-owner, the media and technology conglomerate, Thomson Reuters, against the artificial intelligence platform, Ross...more

Dorsey & Whitney LLP

What Makes an AI Generated Work “Original”?

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The emergence of generative artificial intelligence (AI) products in the past couple of years has significantly increased the capacity for individuals, businesses, and organisations to utilise AI to produce a wide range of...more

Ropes & Gray LLP

Does Training an AI Model Using Copyrighted Works Infringe the Owners’ Copyright? An Early Decision Says, “Yes.”

Ropes & Gray LLP on

As has been widely reported, including in our year-end summary of the current state of artificial intelligence (“AI”)-related copyright litigation, AI providers are currently facing a wave of lawsuits1 from copyright owners...more

Warner Norcross + Judd

Is Your Company’s Insurance Ready for AI Challenges?

Artificial intelligence (AI) is attracting widespread attention due to its significant potential to transform how businesses operate. However, new technology also brings the risk of potential harm due to unforeseen defects,...more

Arnall Golden Gregory LLP

The Pitch - February 2025

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Mayer Brown

Fair Use and the Future of AI: A Closer Look at Thomson Reuters v. Ross

Mayer Brown on

Just two months in, 2025 is already delivering significant developments in AI and technology law. In this episode, host Julian Dibbell is joined by Rich Assmus, a partner in our Intellectual Property practice, to discuss...more

Kohrman Jackson & Krantz LLP

Fair Use Doctrine Falters in Groundbreaking AI Copyright Decision

The U.S. District Court for the District of Delaware delivered a watershed ruling in Thomson Reuters v. Ross Intelligence on February 11, 2025, providing clarity on an often-asked question:  is the utilization of copyrighted...more

Mintz

Copying Westlaw Headnotes to Train AI Legal Search Competitor Is Not Fair Use, Per District of Delaware

Mintz on

On February 11, 2025, Third Circuit visiting Judge Stephanos Bibas, sitting by designation on the U.S. District Court for the District of Delaware, granted summary judgment that Ross Intelligence directly infringed Thomson...more

Schwabe, Williamson & Wyatt PC

Delaware Court Delivers First Copyright Verdict on AI Training

On February 11, 2025, the U.S. District Court for the District of Delaware became the first to rule on whether the use of copyrighted materials to train an AI system qualifies as copyright infringement. In Thomson-Reuters...more

Greenberg Glusker LLP

AI Training, Fair Use, and the Burdens of Being First

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Judge Bibas’s second take in Thomson Reuters v. Ross Intelligence will get plenty of second looks from courts deciding fair use in generative AI copyright cases. “Highly fact-specific.” “Narrowly decided.” A case with...more

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