Insights

Hollywood Takes a Stand:…

Hollywood Takes a Stand: The Copyright Showdown with Midjourney

Disney and Universal have filed a complaint with the US District Court for the Central District of California against the AI company Midjourney, calling it a “bottomless pit of plagiarism.” The plaintiffs also include affiliated companies such as… Read More
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Categories: Copyright
BVI IP Holding Company Su…

BVI IP Holding Company Subject to US Jurisdiction Due to Trademark Enforcement

The 11th Circuit has reversed a decision by a Georgia federal district court dismissing trademark infringement and cancellation claims against an intellectual property (IP) holding company headquartered in the British Virgin Islands (BVI). The circui… Read More
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Categories: Trademarks
Eighth Circuit Avoids Set…

Eighth Circuit Avoids Setting Knowledge Standard in Copyright Case

The Eight Circuit has issued an opinion in a copyright case that avoided invitations by both parties to address the “compelling legal question” left open by the U.S. Supreme Court in Unicolors v. H&M Hennes & Mauritz (2022) as to whether… Read More
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Categories: Copyright
Elon Musk’s xAI Company…

Elon Musk’s xAI Company Accuses OpenAI of Stealing Trade Secrets

In a new lawsuit filed in a California federal court, Elon Musk’s artificial intelligence (AI) startup xAI has accused Sam Altman’s OpenAI of stealing its trade secrets. xAI makes the generative AI (GenAI) tool called Grok, and OpenAI makes the G… Read More
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Categories: Trade Secrets
Federal Circuit Reverses…

Federal Circuit Reverses Patent Board in X-Ray Magnification Case

The Federal Circuit reversed a Patent Trial and Appeal Board’s (PTAB or Board) determination that Carl Zeiss failed to prove that patent claims to X-ray imaging systems incorporating projection magnification were invalid as anticipated by a scienti… Read More
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Categories: Patents
Federal Circuit: Check De…

Federal Circuit: Check Depositing Too Abstract for Patent

The Federal Circuit has reversed a summary judgment ruling from a district court, finding that patent claims directed to the idea of depositing a check using a handheld device are abstract and thus unpatentable. The case is United Services Automobile… Read More
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Categories: Patents
Congress Reintroduces the…

Congress Reintroduces the Patent Eligibility Restoration Act and PREVAIL Act

On May 1, Senators Thom Tillis (R-NC) and Chris Coons (D-DE), with Representatives Kevin Kiley (R-CA) and Scott Peters (D-CA), officially reintroduced the Patent Eligibility Restoration Act (PERA). PERA would eliminate judicial exceptions to patent e… Read More
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Categories: Patents
Federal Circuit Vacates I…

Federal Circuit Vacates Injunction against Narcolepsy Drug Research

The Federal Circuit has reversed in part and vacated in part a district court’s injunction that blocked Avadel CNS Pharmaceuticals from conducting clinical research and seeking regulatory approval for expanded uses of its once-nightly narcolepsy dr… Read More
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Categories: Patents
Federal Circuit Finds Mob…

Federal Circuit Finds Mobile Wallet Claims Indefinite

The Federal Circuit has affirmed a district court’s decision that patent claims to mobile wallet payment systems owned by Fintiv were invalid as indefinite under 35 U.S.C. 112(6). The case is Fintiv, Inc. v. PayPal Holdings, Inc. Fintiv sued PayPal… Read More
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Categories: Patents
Federal Circuit Invalidat…

Federal Circuit Invalidates “Sterile” Patent Claims

The Federal Circuit has affirmed decisions by the Patent Trial and Appeal Board (PTAB or Board) invalidating all challenged claims of two patents for a sterilized chlorhexidine product in an applicator package for disinfecting skin. The Federal Circu… Read More
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Categories: Patents