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Software Copyright Intellectual Property Litigation

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

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

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

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

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

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

Farella Braun + Martel LLP

Is Fair Use Threatening to Swallow Computer Copyright Protection?

This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace contractor, was accused of copying code from Teradyne, a competitor, in order to ensure...more

Morrison & Foerster LLP

Time to Assess the Damage: Implications from THJ Systems v. Sheridan

THJ Systems Ltd & Anor v. Sheridan & Anor [2024] EWHC 3195 (Ch) addressed two key issues in respect of damages related to (i) breach of contract and (ii) copyright infringement, following a determination of liability in...more

Pillsbury Winthrop Shaw Pittman LLP

Technology Transfer Agreements: Latest Developments in California

Since their introduction in California in 1993, the sales and use taxation of technology transfer agreements has been the subject of significant litigation and a seemingly endless regulation project. In the past few...more

McDermott Will & Emery

Insuring Innovation: Software Code May Be Protected as an Arrangement

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The US Court of Appeals for the Eleventh Circuit once again remanded a trade secret and copyright dispute involving software for generating life insurance quotes, finding that the district court erred by failing to consider...more

Vondran Legal

Ansys goes BIG with Texas lawsuit against 213 John Doe Defendants

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We have already seen one MASS SOFTWARE PIRACY case filed this year by Siemens, and now on the heels of that lawsuit (also filed in Texas) there is another lawsuit filed by Ansys, Inc. filed by the Law Offices of John F. Lumen...more

Brownstein Hyatt Farber Schreck

Supreme Court: Copying APIs in Software Can Be Fair Use

Intellectual property protection for software has long been a concern, both for innovators seeking to protect their work as well as innovators seeking to make use of existing works for further development. The shifting...more

Weintraub Tobin

Copyright Infringement And Third Party Software Support

Weintraub Tobin on

A recent case out of the Ninth Circuit, Oracle USA, Inc. v. Rimini Street, Inc. (July 13, 2017), illustrates some of the risks third party software vendors run concerning copyright issues. Oracle develops and licenses...more

McDonnell Boehnen Hulbert & Berghoff LLP

Ultramercial v. WildTangent -- Petition for Writ of Certiorari

The Ultramercial story is not over. In the latest step of a controversial case involving 35 U.S.C. § 101 that has been ongoing since 2009, patentee Ultramercial has petitioned the Supreme Court for a writ of certiorari. The...more

McDonnell Boehnen Hulbert & Berghoff LLP

MBHB Snippets: Review of Developments in Intellectual Property Law: Spring 2015 - Vol. 13, Issue 2

In This Issue: - After B&B Hardware, What is the Full Scope of Estoppel Arising From a PTAB Decision in District Court Litigation? - When You Don’t Know What You Know: The Role of Unappreciated Inherency in the...more

Downs Rachlin Martin PLLC

News Flash – Oracle v. Google Copyright Case

In its brief filed on May 26, 2015, the US Solicitor General (SG) advised the US Supreme Court to not hear Google’s appeal of a decision, from the Court of Appeals for the Federal Circuit, holding that copyright protection...more

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