News & Analysis as of

Artificial Intelligence Legal Technology Intellectual Property Protection

McDonnell Boehnen Hulbert & Berghoff LLP

Applying Generative AI Tools to Patent Law Practice

Generative AI tools are poised to transform legal practice and offer unique challenges and opportunities, particularly in patent law. Modern large language model (LLM)-based tools enable faster, more efficient document...more

Loeb & Loeb LLP

What Gen AI court rulings mean for content owners and creators

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Recent court decisions in two highly publicized Gen AI cases favored the platforms and may start to reduce the concerns over using Gen AI. But content owners and those working for them should still understand the legal...more

Stikeman Elliott LLP

Left on the Sidelines: The Canadian Patent Appeal Board Rules that Artificial Intelligence Cannot Hold Inventorship Status

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Whether AI can be an “inventor” was the key issue in an important recent ruling of the Canadian Patent Appeal Board (the “PAB”). In Thaler, Stephen L. (Re), 2025 CACP 8, the PAB had to decide whether Canadian Patent...more

Farella Braun + Martel LLP

Fair Use at Scale: When Is "Spectacularly" Transformative Use Still Not Fair?

The recent ruling in a lawsuit against Anthropic highlights a growing complexity in how courts are approaching fair use in the context of AI training. Judge William Alsup held that developing Anthropic’s Claude model was...more

DLA Piper

Games Saw it Coming: Decoding Generative AI Controversy Through the Lens of Play

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Artificial intelligence, particularly its generative variant, is rapidly transitioning from a futuristic concept to a present-day disruptor across industries. While it feels like welcome progress when „the algorithm” develops...more

Quarles & Brady LLP

Concerned about AI Training Data and Copyrighted Works? New Guidance from the Northern District of California

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Two recent district court opinions from the Northern District of California, filed within days of each other address the use of copyrighted material in training data in two separate market dominating Large Language Models...more

Hogan Lovells

Creative and AI sectors meet as UK Government launches AI and copyright working groups

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As part of the UK's Modern Industrial Strategy, the UK Government announced on 16 July 2025 the formation of expert working groups as part of its Plan for Change. These working groups will aim to deliver a solution that...more

McCarter & English, LLP

Court Sets New Limits on Use of Copyrighted Materials to Train AI Models

The rapid adoption of artificial intelligence (AI) has sparked a pressing legal debate over how copyrighted materials can be used to train generative AI systems, particularly large language models (LLMs), without permission...more

BakerHostetler

[Podcast] Rev Up! What to Know BEFORE You Use that AI Tool

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Ashley’s guest today is Theresa Weisenberger, a partner at BakerHostetler and co-leader of BakerHostetler’s Artificial Intelligence practice. In this episode, Ashley and Theresa discuss significant issues to consider before...more

J.S. Held

Trade Secret Protection in the Age of Large Language Models: Risks, Reasonable Measures, and Legal Remedies

J.S. Held on

Large Language Models (LLMs) are a type of Artificial Intelligence (AI) system that can process and generate human-like text based on the patterns and relationships learned from vast amounts of text data. LLMs use a machine...more

Hanzo

How to Handle Internal Investigations: Different Tactics for Different Triggers

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Internal investigations often start small. A complaint, a suspicious transaction, or a red flag in a routine audit. Most companies try to manage these issues internally, without specialized tools or external legal support....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

MoFo Tech

D.C. Circuit Holds that Works Created Solely by AI are Not Copyrightable

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On March 18, 2025, the D.C. Circuit Court of Appeals affirmed the D.C. District Court’s and U.S. Copyright Office’s decisions, holding that a copyrighted work cannot be authored exclusively by an AI system. Computer...more

Perkins Coie

Copyright Office Solidifies Stance on the Copyrightability of AI-Generated Works

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Earlier this year, the U.S. Copyright Office released part two of its artificial intelligence (AI) report addressing the copyrightability of outputs created using generative AI. This new report is largely consistent with the...more

Maynard Nexsen

Tool or Inventor? – Inventorship Pitfalls When Using AI in R&D

Maynard Nexsen on

Generative AI is a subset of artificial intelligence that enables machines to generate content, such as words, images, voice, and even synthetic data. While Generative AI is relatively new technology, its origins from...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

Ropes & Gray LLP

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

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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

Seyfarth Shaw LLP

Commercial Litigation Outlook - 2025

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Last year’s Commercial Litigation Outlook was dominated by the promise and peril that AI poses to myriad industries. No doubt, the evolution of AI in the last year has been significant, and it is still a material...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

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

Jackson Walker

Federal Court Sides with Plaintiff in the First Major AI Copyright Decision of 2025

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AI copyright jurisprudence is set to have a big year in 2025. On February 11, 2025, a Delaware federal court issued the first major decision concerning the use of copyrighted material to train AI. The case is Thomson Reuters...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

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