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Corporate Counsel Intellectual Property Litigation

Stradling Yocca Carlson & Rauth

Training AI Models? Here's What You Need to Know About Copyright Risks

It is undeniable that artificial intelligence (AI) is everywhere and having unprecedented rapid effects on business and society.  The law, however, evolves at a slower pace and it takes key decisions by courts and government...more

Foley & Lardner LLP

Texas Business Courts Welcome Trade Secret Cases

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Texas is aggressively positioning itself as the nation’s trial capital for “bet-the-company” business disputes. On September 1, 2025, the recently created Texas business courts will begin welcoming trade secret and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Minimizing Your Risk of Being Sued Before the U.S. International Trade Commission

The International Trade Commission (ITC) is an independent U.S. federal agency that oversees issues including IP enforcement, anti-dumping, and tariffs. A finding of infringement at the ITC can result in exclusion orders and...more

Katten Muchin Rosenman LLP

Wise Up: UK Court Invalidates Broad Software Terms in Landmark Decision Post-SkyKick

Hot on the heels of our recent update on the UK Intellectual Property Office's (UKIPO) revised approach to bad faith objections (UKIPO/SkyKick), we now have the first, and eagerly anticipated, English court decision assessing...more

Benesch

Judge Certifies Authors’ Copyright Class Action Against Anthropic

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On July 17, 2025, US District Court Judge William Alsup approved a class certification against Anthropic for copyright infringement. According to Judge Alsup, it will be straightforward for the entire class to prove harm...more

Farella Braun + Martel LLP

Growing Momentum for AI’s Fair Use Defense: Lessons from Two Recent Summary Judgment Rulings

Within the same week, two judges in the Northern District of California issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to...more

Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more

Ropes & Gray LLP

A Tale of Three Cases: How Fair Use Is Playing Out in AI Copyright Lawsuits

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In two recent Northern District of California decisions, AI companies prevailed on a fair use defense after being accused of infringing copyrights in works used to train AI models. The decisions, on their face, seem to...more

Hicks Johnson

HB 40 Has Been Signed: Key Takeaways for Corporate Legal Teams

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On June 20, 2025, Governor Abbott signed House Bill 40 (HB 40) into law, which, among other things, expands the jurisdiction of the recently created Texas Business Court. HB 40’s changes to the Business Court include: (1)...more

Fish & Richardson

Lack of Bona Fide Intent to Use Sends Alcohol Trademark Application Down the Drain

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In a recent precedential decision, the U.S. Trademark Trial and Appeal Board (TTAB) upheld an opposition by Tequila Cuadra S. de RL de CV (“Tequila Cuadra”) and denied an application filed by Manufacturera de Botas Cuadra,...more

Ropes & Gray LLP

From Books to Bots: Key Takeaways from the Anthropic Fair Use Decision for AI Developers and Copyright Holders

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On June 23, 2025, the United States District Court for the Northern District of California issued a significant order in Bartz, et al. v. Anthropic PBC, clarifying the application of the fair use doctrine to the use of...more

Kilpatrick

In First Major Substantive Decision Addressing GenAI Training Data, Judge Alsup Declares Large Language Models “Among the Most...

Kilpatrick on

On June 23, 2025, Judge Alsup issued a much-anticipated summary judgment ruling in a copyright case brought by a group of authors seeking to challenge Anthropic’s alleged copying of millions of books in connection with...more

Parker Poe Adams & Bernstein LLP

Honeywell Strikes Back Against 'Patent Troll' With North Carolina Lawsuit Under Abusive Patent Assertions Act

Honeywell International Inc. has taken a proactive stance against what it describes as "unwarranted and unfounded" patent litigation by filing a declaratory judgment action in the Western District of North Carolina against...more

McDermott Will & Schulte

It’s a Matter of Timing: The PTO’s Latest Decisions on Discretionary Denials

Since the US Patent & Trademark Office’s (PTO) decision to rescind former Director Vidal’s memo on procedures for post-grant proceedings where there is parallel district court litigation, Current Acting Director Coke Morgan...more

Fish & Richardson

Acting USPTO Director Stewart Issues First Decisions Under Interim Discretionary Denial Process

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On Friday, May 16, the U.S. Patent and Trademark Office (USPTO) issued discretionary denial decisions in the first four matters considered under the USPTO’s new interim workload management process....more

Farella Braun + Martel LLP

In Limited Cases, Foreign Trademarks Can Affect U.S. Registration Rights

It is a basic tenet of trademark law that rights are jurisdictional. Trademark owners only have rights in the mark in the jurisdictions in which they have registered (or, in some cases, used) the mark....more

McDermott Will & Schulte

Paint It White: No Sovereign Immunity in Economic Espionage Case

The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of foreign sovereign immunity to a Chinese company accused of stealing trade secrets related to the production of proprietary metallurgy...more

Faegre Drinker Biddle & Reath LLP

Courts Continue to Find the Federal Trade Secrets Act Reaches Extraterritorial Conduct

Summary - Courts across the country have found that the DTSA can reach a foreign defendant’s conduct when — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of the misappropriation was committed in the United...more

Proskauer - The Patent Playbook

Patent Litigation and the Rise of Quantum Computing: What to Watch for in the Next Decade

A recent Patent Trial and Appeal Board decision related to hybrid quantum computing paves the way for more quantum computing-related patents, and potential litigation....more

Sheppard Mullin Richter & Hampton LLP

2024 Federal Circuit Case Summaries - Intellectual Property: Year End Report

We are excited to present the second edition of Sheppard Mullin’s “Year in Review” report, which provides a comprehensive summary of the key precedential Federal Circuit decisions related to patent law in 2024. Building on...more

Proskauer - Trade Secrets

Eleventh Circuit Revives Trade Secret Misappropriation Claim in Long-Running Litigation

On April 4, 2025, the Eleventh Circuit reversed the U.S. District Court for the Northern District of Alabama’s ruling dismissing Alabama Aircraft Industries’ (“AAI”) trade secret misappropriation claim against Boeing, thereby...more

Ward and Smith, P.A.

Trade Secret Protection in 2025: What In-House Counsel Need to Know

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Recent developments in workplace dynamics, regulatory changes, and several high-profile cases have highlighted the growing importance of understanding and protecting your company's trade secrets. For in-house counsel, staying...more

Proskauer - The Patent Playbook

Further Shifts in Patent Office Guidance for Discretionary Denials Signal Uphill Battles for Patent Challengers

On the heels of the rescission of the Fintiv guidance memorandum, the U.S. Patent and Trademark Office has again reshaped the PTAB’s approach to discretionary denials. On March 26, 2025, the Acting Director issued a new...more

Morrison & Foerster LLP

Pivot At The PTAB: The Acting Director Bifurcates Review

With two memoranda this week, the United States Patent and Trademark Office (“USPTO”) has made significant changes to trials at the Patent Trial and Appeal Board (“PTAB”). Those trials—introduced in 2012 by the Leahy-Smith...more

McCarter & English, LLP

Paradise Lost: DC Circuit Affirms AI Has No Soul

Is copyright limited to human authorship? Or, may artificial intelligence create a work of art or write a novel that qualifies for copyright protection? Recently a federal appeals court concluded that only humans are entitled...more

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