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Machine Learning Algorithms Intellectual Property Protection

Ballard Spahr LLP

Novel Ruling Offers Framework for ‘Fair Use’ of Copyrighted Material for Training AI Systems

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The recent federal court finding—that using copyrighted books to train an AI large language model (LLM) qualifies as fair use—provides some guidance for companies developing or deploying generative AI systems and for...more

Jones Day

Two U.S. Courts Address Fair Use in Generative AI Training Cases

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Federal courts continue to address whether training artificial intelligence ("AI") models on copyrighted materials without a license constitutes copyright infringement....more

Seyfarth Shaw LLP

Copyright Office Firings Spark Constitutional Concerns Amid AI Policy Tensions

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A day after announcing that “fair use” would not shield AI training models against potential copyright infringement, President Donald Trump fired Shira Perlmutter, Register of Copyrights, and her superior, Librarian of...more

Falcon Rappaport & Berkman LLP

Twin California Rulings Mark a Turning Point for AI‐Copyright Fair Use

In the space of forty-eight hours, two judges of the Northern District of California issued detailed, partially contrasting opinions on whether large language model (“LLM”) training that copies entire books without...more

ArentFox Schiff

Disney and Universal Sue Midjourney: Navigating AI Copyright Challenges and Fair Use Implications

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The Walt Disney Company and Universal City Studios Productions are among the latest plaintiffs to bring a lawsuit against an artificial intelligence (AI) developer....more

Jones Day

U.S. Copyright Office Issues Guidance on Generative AI Training

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To address the legal issues presented by artificial intelligence ("AI"), the U.S. Copyright Office ("Office") launched a multi-part Copyright and Artificial Intelligence Report ("Report") (see our Commentaries on Part One and...more

Mayer Brown

Generative AI and Copyright Law, Part Two: Fair Use and Infringement Risks

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As generative AI transforms the way businesses operate, understanding copyright risks has never been more critical. In this episode, host Julian Dibbell sits down with Rich Assmus and Brian Nolan, partners in our Intellectual...more

Sheppard Mullin Richter & Hampton LLP

PTAB Rejects AI-Driven Medical Patent – Not for Novelty, But Eligibility

In a recent decision with important implications for artificial intelligence (AI) driven innovation, the Patent Trial and Appeal Board (PTAB) denied a patent for an AI-based medical tool. The refusal was not because the...more

Loeb & Loeb LLP

How Culture, Law and Technology are Redefining Book Publishing

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There are a lot of exciting emerging trends in the book publishing industry that are responsible for its consistent growth....more

BCLP

HK Releases Guideline Concerning Generative AI

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On 15 April 2025, the Hong Kong Government’s Digital Policy Office published the Hong Kong Generative Artificial Intelligence Technical and Application Guideline (“Guideline”), which aims to provide operational guidance for...more

MoFo Life Sciences

Patent-Eligibility Considerations & Prosecution Strategies for AI-Based Life Sciences Patent Applications

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

McCarter & English, LLP

Court Short-Circuits Artificial Intelligence Patents: Federal Circuit Tightens Standards for Patent Eligibility

What does it take to patent an invention on artificial intelligence or machine learning? According to a recent federal appeals court decision, it takes more than just applying a known technique to new data. Rather, the patent...more

DarrowEverett LLP

Generative AI and Trade Secrets: A New Frontier for IP Litigation

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As legal and business professionals focused on protecting intellectual property—especially those of us in business litigation—it's crucial to stay attuned to the expanding influence of generative AI (“GenAI”). While patents...more

Quarles & Brady LLP

New Federal Circuit Decision - Expect Getting AI/Machine Learning Patents Past 101 to Get Tougher

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The Federal Circuit recently issued a decision in Recentive Analytics, Inc. v. Fox Corp., invalidating the patent claims at issue as directed to ineligible subject matter under 35 U.S.C. § 101. In what it noted was a case of...more

WilmerHale

Federal Circuit Opinion on Patent Eligibility of Machine Learning Applications Underscores Potential Value of Trade Secrecy to...

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On April 18, 2025, the Federal Circuit published an opinion in Recentive Analytics, Inc. v. Fox Corp. holding that patents claiming the application of existing machine learning models “to new data environments, without...more

MoFo Life Sciences

Recentive: Raising the Patent-Eligibility Bar in AI-Related Inventions

MoFo Life Sciences on

This post is part of MoFo’s 2025 Intersection of AI and Life Sciences blog series. In this blog series, we explore how artificial intelligence is revolutionizing research, innovation, and patient care in the life sciences....more

Mintz - Intellectual Property Viewpoints

Understanding How to Patent Agentic AI Systems

Artificial intelligence is evolving beyond simple pattern recognition and content generation into autonomous decision-making. Agentic AI systems act independently—or with limited human supervision—to achieve specific...more

Bradley Arant Boult Cummings LLP

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for...

Does copyright law require that a human create a work? Yesterday the D.C. Circuit in Thaler v. Perlmutter held that it does and that a machine (such as a computer operating a generative AI program) cannot be designated as the...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

DLA Piper

China Releases Guidelines for AI-Related Invention Patent Applications

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The China National Intellectual Property Administration ("CNIPA") issued the Guidelines for Patent Applications for Artificial Intelligence ("AI") Related Inventions (Trial Implementation) ("Guidelines") on 31 December 2024,...more

Quarles & Brady LLP

Competitive AI Use May Raise IP Issues

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As more and more companies employ artificial intelligence (“AI”) in their business activities, novel legal questions continue to arise. Of particular note is the application of existing principles of intellectual property...more

Foley Hoag LLP

Conversations with the Industry: Jason Fiorillo, Boston Dynamics

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Jason Fiorillo, Chief Legal Officer and Secretary of Boston Dynamics, is a recognized leader in the robotics and AI industries and brings deep expertise in navigating the rapidly evolving intersections of technology,...more

Cimplifi

Transparency, Explainability, and Interpretability of AI

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Two of the biggest questions associated with AI are “why does AI do what it does”? and “how does it do it?” Depending on the context in which the AI algorithm is used, those questions can be mere curiosity (e.g., why does...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

Lowenstein Sandler LLP

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

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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

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