The Journey of Litigation
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
Too many companies treat trade secret identification as something they can fix later, usually once litigation is underway. But by the time a claim is filed, it is already too late to build the evidentiary foundation you need....more
Two judges in the Northern District of California recently issued groundbreaking summary judgment rulings regarding whether an artificial intelligence company’s scraping and ingestion of copyrighted works to train its LLMs[1]...more
In a July IP Hot Topic, we wrote about a pivotal summary judgment ruling in Bartz v. Anthropic that added another data point in the newly forming fair use landscape for copyright actions against GenAI companies. In that case,...more
Summary judgment was recently granted for defendants based on fair use in two copyright infringement actions challenging the training of large language models (LLMs), one against Meta relating to its Llama LLMs, and the other...more
The US Court of Appeals for the Ninth Circuit found that a district court abused its discretion by striking several of the plaintiff’s trade secrets, concluding that the court improperly relied on Rule 12(f) and failed to...more
In action over competing live stage rights to Harper Lee’s To Kill a Mockingbird, Second Circuit affirms district court’s ruling that “derivative works exception” to Copyright Act’s termination provision does not perpetuate...more
A Northern District of California judge recently granted a motion to reconsider his summary judgment ruling that defendant was barred from raising certain “device art” due to IPR estoppel under 35 U.S.C. § 315(e)(2). In the...more
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
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
The Tenth Circuit recently upheld an Oklahoma District Court’s summary judgment ruling in favor of a trade secret defendant based on insufficient specificity as to the trade secrets at issue, as well as a lack of proper...more
The US Court of Appeals for the Federal Circuit affirmed a district court’s finding of noninfringement, concluding that the patent owner had improperly raised a claim construction issue for the first time on appeal – an...more
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
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
Two Northern District of California courts handed down decisions last week in two key copyright lawsuits that challenged the use of copyrighted print and digital books in training the large language models (LLMs) that are at...more
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
Weighing in just two days after Judge Alsup of the U.S. District Court for the Northern District of California issued his fair use summary judgment opinion in Bartz v. Anthropic, Judge Chhabria (also of the Northern District...more
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
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
Just two days after Judge Alsup issued his fair use decision in Bartz v. Anthropic, Judge Chhabria of the Northern District of California granted summary judgment for Meta Platforms in an AI copyright infringement suit. Judge...more
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
The Copyright Act does not expressly address the protection of individual characters in expressive works, but courts have long recognized that certain characters, particularly those with strong visual or narrative identities,...more
Mitek Systems Inc. v. United Services Automobile Association, Appeal No. 2023-1687 (Fed. Cir. June 12, 2025) In our Case of the Week, the Federal Circuit examined the limits of declaratory judgment jurisdiction for a...more
Your Package Could Not Be Delivered – District of Delaware Strikes Electronic Storage Room Claims as Patent Ineligible - Judge Choe-Groves of the United States Court of International Trade granted Defendant’s Motion to...more
Mr. Storms, an individual with significant experience with Bitcoin mining, is the founder and sole employee of BearBox LLC. Mr. McNamara and Dr. Cline co-founded Lancium in November 2017 with the intention of co-locating...more
On April 22, 2025, the Tenth Circuit affirmed summary judgment in favor of a sales manager and his new employer on claims under the Defend Trade Secrets Act (“DTSA”), the Oklahoma Uniform Trade Secrets Act (“OUTSA”), and...more