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This post, an AI litigation update, is a snapshot in time looking at what is going on in two of the active cases. The post AI Litigation Update appeared first on Creative Law Center. Legal challenges to generative AI are on the rise.
While trade secret law may not get as much attention as copyright battles, it’s going to be a major player in the future of AI. In this article from the New York Law Journal, Baker Botts’ co-head of the AI practice group Rich Harper breaks down how traditional trade secret laws could apply to rapidly advancing AI tech.
This Article analyzes over 89,000 patents litigated over a twenty-year period to determine how the number of office actions to allowance during prosecution impacts rates of invalidity during subsequent litigation. Originally published in volume 38, issue 1 of the Harvard Journal of Law & Technology, February 2025.
The highly publicized ruling came after almost a decade of litigation between the parties over VIP’s “Bad Spaniels” parody dog toy designed to mimic a bottle of Jack Daniel’s. The litigation that has unfolded in the past year foretells the downstream implications of the Supreme Court ruling, particularly for trademark dilution law.
This article continues our analysis of over 89,000 patents to determine how the number of office actions to allowance during prosecution impacts litigation outcomes. Last month we discussed how prosecution length impacts invalidity rates during litigation. Now we discuss how it impacts findings of infringement.
Trier in summer As readers know, the Katfriends at the Academy of European Law (ERA) in Trier are always busy organizing programmes and courses on all aspects of European law, including IP and digital and IT law. For those looking to get a deep dive in either subject, ERA is organizing two distinct summer courses this year.
We are very happy to announce the results of the 2024 Shamnad Basheer Essay Competition on Intellectual Property Law! The Third Prize goes to Kartik Sharma , from National Law School of India University, Bengaluru for the essay titled Whats in a Name? Shamnad Basheer 1976-2019; taken at NUJS, Kolkata circa 2009.
Reading Time: 2 minutes Imagine finding yourself in the intricate world of civil litigation, where stakes are high, stories are gripping, and outcomes have a huge impact. Rather than learning through a textbook, you listen to candid, engaging conversations from two seasoned lawyers who passionately practice law.
We are seeking a law student for a paid IP/Trademark internship ($25/hr) from May 2025 to August 2025 (dates are flexible, minimum 10 weeks is required). Our intern will have an interest in Intellectual Property law; solid research and writing skills; and attention to detail and deadlines.
Copyright Law by Angela Chung Do everything by hand, even when using the computer. Unfortunately, the law does not currently provide a means for us to address those ethical questions. Case law has typically dealt with the physical destruction of tangible artistic works, such as famous murals being painted over.
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 litigations between two biosimilar applicants/manufacturers are included. By: Venable LLP
in Intellectual Property and Competition Law at Munich Intellectual Property Law Center (MIPLC) are now open! From Law to Leadership: How the MIPLC LL.M. in Intellectual Property and Competition Law isnt just about gaining legal knowledge. Patent Law , European and U.S. Copyright Law , European and U.S.
Economic Analysis in Litigation Support: Unveiling the Truth - In the intricate realm of litigation, where the stakes are often high and the details complex, economic and forensic analysis emerges as a linchpin in uncovering critical evidence.
Dow Jones & Company, Inc. and NYP Holdings, Inc. Perplexity AI, Inc. Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs), have filed a lawsuit in the Southern District of New York against defendant Perplexity AI, Inc.
Though suit was seemingly imminent when defendant advised plaintiff it might be infringing defendants patents, plaintiff responded by requesting a licensing agreement in lieu of litigation. By: Akin Gump Strauss Hauer & Feld LLP
We are seeking a law student for a paid IP/Trademark internship ($25/hr) from January to May 2024. Our intern will have an interest in Intellectual Property law; solid research and writing skills; and attention to detail and deadlines. Applications will be accepted through November 24th, 2023.
On March 21, the Court of Appeals for the Federal Circuit held in a precedential opinion that legal fees incurred by generic drug companies in defending against patent infringement suits brought under the Hatch-Waxman Act constitute ordinary and necessary business expenses that may be deducted in the year in which they are incurred, and do not need (..)
Just three short years ago, copyright litigation discussions centered around whether it is fair use to copy declaring code or make unlicensed use of Lynn Goldsmiths photographs of Prince. Some of them are class action lawsuits, which are not very common in copyright land (though not unheard ofremember the Google Books litigation ?)
On the issue of fair use/fair dealing, as Akshat and Sneha Jain discuss here, the transformative use defence is not available specifically in the statute, even though it is available under judge-made law. If the Court states it does not have jurisdiction, it might prevent the Court from dealing with the substantive issues.
When it comes to copyright, the photography space has been especially fraught with litigation and legal threats over the past decade plus. In short, the goal of the service is not to threaten users with litigation, but to bring them on as legitimate customers and provide education about best practices. It’s a grim landscape.
This year saw the start of the Unified Patent Court (UPC) issuing substantive decisions. As of December 9, the UPC has issued over 20 decisions on the merits, primarily involving infringement actions, and numerous decisions relating to provisional measures.
” The plaintiffs brought a pre-enforcement challenge to the law, but the court denies a preliminary injunction. Either way, the deepfakes law is effectively a mandatory disclosure law, where any content is permitted so long as it displays the “parody” label, regardless of whether it would legally qualify as a parody or not.
The underlying subpoena was issued in Amgens ongoing denosumab BPCIA litigation against Fresenius Kabi USA, LLC and its affiliates (Fresenius) in the District Court for the Northern District of Illinois, to which HyClone is a nonparty. By: Goodwin
She shared several pertinent points on issues concerning expert evidence in IP litigations and what she thinks is the best way forward for the Indian Courts vis a vis engaging experts in IP matters. Malobika Sen (MS) : Could you elaborate on the role of expert evidence in IP litigation? MS : That must have been difficult.
Enrico Schaefer, Copyright & Litigation Attorney. 2024 Update) Accidental copyright infringement occurs when someone unknowingly violates copyright law. This can happen due to: Lack of Understanding: Not fully comprehending copyright laws and regulations. What Is Accidental Copyright Infringement.
In Actavis, the Court held that certain types of so-called reverse paymentspatent litigation settlement payments from brand pharmaceutical manufacturers to generic companies challenging the brands patentmight "sometimes" violate the antitrust laws. Originally published in the ABA Antitrust Law Journal. By: White & Case LLP
Join us for an insightful session as our presenters Matthew Burt, Daniel Davies and Jean-Sbastien Dupont provide an annual summary of key developments in Canadian IP litigation.
McDermott, represented by the Sanders Law Group, sued KMC for copyright infringement. McDermott argued that KMC was sophisticated about copyright law because the person who attached the photo to the bio had a journalism background. However we get there, the overall litigation enterprise here makes no economic sense.
Our Texas Patent Litigation Monthly Wrap-Up for July 2024 covers three decisions of interest from the Eastern District of Texas granting motions related to subject matter eligibility, stays pending inter partes review (IPR), and pleading standards for pre-suit willfulness. By: Fish & Richardson
As perhaps all readers are aware by now, the GenAI Copyright litigations have made their presence known in India. The case raises important questions about copyright law and how generative AI needs to be treated under the existing copyright doctrines. His previous posts can be accessed here. ]
It has been a busy year for issues related to drug pricing, and with the election around the corner, litigation issues that have been developing over the last few years are likely to be a key focus for the second half of 2024.
Recent case law may impact the timing of defendant technical expert analysis and opinion regarding non-infringing alternatives in patent infringement litigation. On March 13, 2024, Magistrate Judge Roy S.
Explore skinny labelling & obviousness in Canada and Australia - If you are an intellectual property (IP) owner, a litigator or an in-house legal professional managing IP litigation in multiple jurisdictions, don’t miss this exclusive discussion with leading IP lawyers from Canada and Australia. By: Smart & Biggar
Continuing our series on electric vehicle (EV) trade secret litigation, see here and here, a California judge has tentatively given Tesla the green light to proceed with a trial against rival Rivian in March of 2025.
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
1:20-cv-613), another significant case law development has occurred regarding remedies in GenAI-related litigation. 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.
First, on February 28, 2025, the USPTO rescinded its June 2022 memorandum outlining the interim procedure regarding when the Patent Trial and Appeal (PTAB) may deny review of patents based on parallel litigation. By: Hudnell Law Group
Summer is around the corner, which means we are seeking law student(s) for a paid IP/Trademark internship from May/June – July/August 2022. Our intern will have an interest in Intellectual Property law; solid research and writing skills; and attention to detail and deadlines.
This trend is just as common in Hatch Waxman litigation. Patent owners generally look to secondary indicia to bolster their nonobvious defenses when prior art and/or knowledge of a person of ordinary skill in the art (“POSA”) seem to make the obviousness decision a close call. By: Womble Bond Dickinson
Apple argues that the lower court lacked authority under federal law to extend the injunction to third party developers who were not party to the lawsuit, and that limiting the injunction “only to Epic would not offend any applicable equal-treatment principles.” Given that Apple, not the individual app developers, insisted that all U.S.
(This post has been co-authored with SpicyIP Intern Aditi Agrawal and Bharathwaj Ramakrishnan) Here is our recap of last weeks top IP developments including summary of the posts on taking stock of ANI vs OpenAI copyright litigation (Part I and II), and Machine Unlearning and the ANI vs OpenAI case. Anything we are missing out on?
In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit highlighted the importance of understanding expert witnesses' qualifications. By: Fenwick & West LLP
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