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WilmerHale

Readily Ascertainable - WilmerHale's Trade Secret Bulletin: June 2025

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Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more

Ervin Cohen & Jessup LLP

A Temporary Victory: What the New Anthropic and Meta Rulings Actually Reveal About a Fair Use Defense for Companies Accused of...

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Until two weeks ago, no U.S. court had ruled on whether training generative AI models on copyrighted works could constitute a fair use, or if the simple act of training such models without a license would constitute copyright...more

Baker Botts L.L.P.

Kadrey v. Meta - Fair Use as a Matter of Law

Baker Botts L.L.P. on

Kadrey v. Meta! On the merits! A doozy of a summary judgment opinion in form and substance. "The devil is in the details," but even for non-lawyers, at least the first five pages are a must-read - there are almost no legal...more

Venable LLP

Back-to-Back Fair Use Decisions: Two NDCA Courts Find Fair Use for AI Training, Emphasizing That the Specific Facts Concerning...

Venable LLP on

In the second landmark decision this week relating to whether use of copyrighted content for training generative AI qualifies as a fair use, Judge Chhabria, in the federal court for the Northern District of California,...more

Knobbe Martens

Pulling the Cord on Unstated Claims Limitations

Knobbe Martens on

IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida - The district court erred in construing the term “pull...more

Mayer Brown

ROSS AI Decision Gives Early Indication of Strengths and Weaknesses of Fair Use Defense

Mayer Brown on

On Tuesday, a Delaware federal district court granted partial summary judgment to Thomson Reuters Enterprise Centre GmbH (“Thomson Reuters”) in its copyright litigation against ROSS Intelligence (“ROSS”). The lawsuit, which...more

Husch Blackwell LLP

Delaware Court Grants Summary Judgment to Plaintiff in Machine Learning / AI Copyright Case

Husch Blackwell LLP on

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

McDermott Will & Emery

No Co-Inventorship Absent Corroborated Conception

McDermott Will & Emery on

In a patent case concerning cryptocurrency data mining, the US Court of Appeals for the Federal Circuit affirmed a district court’s grant of summary judgment and its ruling that a state law conversion claim was preempted by...more

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