In the lawsuit brought against them for using visual artists' work to teach their large language model, and producing near-identical copies in response to prompts, Stability AI, Midjourney, DeviantArt, and Runway AI moved to...more
8/30/2024
/ Artificial Intelligence ,
Artificial Reproduction ,
Breach of Contract ,
Copyright ,
Copyright Infringement ,
DMCA ,
False Endorsements ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Lanham Act ,
Motion to Dismiss ,
Patent Litigation ,
Patents ,
Trade Dress ,
Unjust Enrichment
Following in the footsteps of the U.S. Patent and Trademark Office and the state bars of California, Florida, New Jersey, New York, and Pennsylvania, the American Bar Association has weighed in on attorneys' ethical use of...more
8/20/2024
/ American Bar Association (ABA) ,
Artificial Intelligence ,
Disclosure ,
Duty of Competence ,
Duty of Confidentiality ,
Ethics ,
Machine Learning ,
Popular ,
State Bar Associations ,
Technology Sector ,
USPTO
After floating a discussion draft last fall, a bipartisan group of Senators formally introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024 ("the NO FAKES Act" or "the Act") on July 31, 2024. ...more
8/6/2024
/ Artificial Intelligence ,
Attorney's Fees ,
Cause of Action Accrual ,
Copyright ,
Damages ,
Injunctive Relief ,
Machine Learning ,
Name and Likeness ,
Punitive Damages ,
Screen Actors Guild ,
The Copyright Act
It seems like every week brings a new dispute over artificial intelligence (AI), mostly focused around new features and uses of generative AI. Last week was no exception, with OpenAI unveiling human-like voices soon being...more
Since President Biden issued his Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, the U.S. Patent and Trademark Office has been investigating the potential pitfalls of...more
4/16/2024
/ Artificial Intelligence ,
Compliance ,
Confidential Information ,
Disclosure Requirements ,
Electronic System for Trademark Trials and Appeals (ESTTA) ,
Executive Orders ,
Export Administration Regulations (EAR) ,
Export Controls ,
Filing Requirements ,
ITAR ,
New Guidance ,
Patent Applications ,
Patents ,
Trademarks ,
USPTO
As discussed in our earlier post, Microsoft opened its motion to dismiss portions of the New York Times's OpenAI case pled against it with an extended analogy to the Betamax case. It argued that the Times was acting like the...more
Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more
Like OpenAI before it, Microsoft has sought to dismiss portions of the lawsuit the New York Times has brought against it over ChatGPT. While raising some of the same arguments, Microsoft takes a more traditional path with...more
3/8/2024
/ Artificial Intelligence ,
Contributory Infringement ,
Copyright ,
Copyright Infringement ,
Fair Use ,
Machine Learning ,
Microsoft ,
Motion to Dismiss ,
New York Times ,
Popular ,
Training ,
Transformative Use
In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the...more
3/6/2024
/ Affirmative Defenses ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Direct Infringement ,
DMCA ,
Fair Use ,
Machine Learning ,
Motion to Dismiss ,
New York Times ,
Popular ,
Training
Aside from the actual games on the field, the college football press has been fixated on one story over the past several weeks: the Michigan "sign stealing" controversy. Michigan head coach (and former Chicago Bears...more
2019 Patent Trial and Appeal Board Key Practice Updates: A Year in Review -
2019 has been an active year for procedural changes in the Patent Trial and Appeal Board (“PTAB”). These changes include not only the PTAB’s...more