The PTAB has returned to a more flexible and discretionary approach to denying post-grant proceedings, reintroducing the Fintiv factors and adding new considerations such as settled expectations and USPTO workload. These...more
7/10/2025
/ AI Act ,
Artificial Intelligence ,
Budget Reconciliation ,
Copyright ,
Copyright Infringement ,
e-Books ,
Fair Use ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
USPTO
In a significant development for the field of artificial intelligence and copyright law, the U.S. District Court for the Northern District of California has issued a ruling in a case brought by a group of authors against AI...more
6/30/2025
/ Algorithms ,
Artificial Intelligence ,
Authorship ,
Books ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Fair Use ,
Innovative Technology ,
Intellectual Property Litigation ,
Machine Learning ,
Popular ,
Summary Judgment
Key Takeaway: This article explores the unique procedural and strategic considerations for litigating SEP cases at the ITC, and what to know when navigating this complex and evolving landscape. The U.S. International Trade...more
6/3/2025
/ AI Act ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Intellectual Property Litigation ,
International Trade Commission (ITC) ,
Machine Learning ,
New Legislation ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Proposed Legislation ,
Standard Essential Patents
On May 13, the U.S. Commerce Department officially declared its intent to rescind and replace the AI Diffusion Rule issued during the final weeks of the Biden administration. Slated to go into effect on May 15, the rule had...more
The U.S. Copyright Office released a pre-publication version of its third report on Copyright and Artificial Intelligence, a key installment in its ongoing examination of AI's intersection with copyright law. This report...more
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. Many...more
It is well established that “a petitioner in an inter partes review … is not permitted to assert a ground of unpatentability under 35 U.S.C. § 112.” Dexcowin Golabl, Inc. v. Aribex, Inc., IPR2016-00436, Paper 12 (PTAB July 7,...more
2/4/2025
/ Artificial Intelligence ,
Copyright ,
Data Privacy ,
Data Protection ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Legal Technology ,
Machine Learning ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Regulatory Reform ,
USPTO
In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more
1/8/2025
/ Artificial Intelligence ,
Brand ,
Claim Construction ,
Copyright ,
Copyright Litigation ,
Data Privacy ,
Influencers ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
New Legislation ,
Patent Litigation ,
Patents ,
Social Media ,
Subject Matter Jurisdiction ,
Trade Secrets ,
User-Generated Content ,
USPTO
“This status quo cannot continue.” With these words, the UK government has made it clear that changes to the AI regulatory regime are on the horizon. The recently published consultation on AI and copyright underscores how...more
The recently proposed Transparency and Responsibility for Artificial Intelligence Networks Act ("TRAIN Act") seeks to address the opaque nature of generative AI model training by amending Chapter 5 of Title 17 of the U.S....more