Insights

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
Drafting AI Contracts: Ke…

Drafting AI Contracts: Key Clauses to Protect Your Business

As generative AI (GAI) tools like ChatGPT become common in business services, it’s crucial to ensure your contracts anticipate and regulate their use. Whether you are providing or receiving GAI services, incorporating clear contract terms now will… Read More
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Categories: Technology
Is it legal to use AI to…

Is it legal to use AI to copy an artist’s style?

Recently, social media was awash in newly created images in the distinctive anime style of Japan’s Studio Ghibli. People were inputting family photos, memes, and other content into OpenAI’s latest release of its ChatGPT generative AI (GAI) tool a… Read More
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Categories: Copyright, Technology