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
On June 22, 2022, the U.S. Patent and Trademark Office issued two documents regarding the Patent Trial and Appeals Board's discretionary denials of post-grant challenges based on parallel litigation: a retrospective study of...more
The Supreme Court, speaking through a five-justice majority, has reaffirmed the equitable principle of assignor estoppel while at the same time limiting its application in Minerva Surgical, Inc. v. Hologic, Inc. Assignor...more
Patent law is replete with arcane (and often judge-made) doctrines, such as the doctrine of equivalence and obviousness-type double patenting. In addition, long having been considered a property right (Oil States to the...more
Although the Federal Circuit faced obviousness issues that were simple to resolve in Adidas AG v. Nike, Inc., it saw an opportunity to continue to clarify its jurisprudence regarding standing on appeal from an adverse final...more
6/29/2020
/ Adidas ,
Appeals ,
Evidence ,
Final Written Decisions ,
Inter Partes Review (IPR) Proceeding ,
Nike ,
Obviousness ,
Patent Infringement ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Prior Art ,
Remand ,
Reversal ,
SAS Institute Inc. v Iancu ,
Standing
Less than two years ago, in Return Mail, Inc. v. U.S. Postal Service, 139 S. Ct. 1853 (2018), the Supreme Court held that a government entity -- in that case, the U.S. Postal Service -- is not a "person" under the America...more
4/16/2020
/ America Invents Act ,
Appeals ,
Banks ,
Covered Business Method Proceedings ,
Federal Reserve ,
Government Agencies ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Return Mail Inc v United States Postal Service
On the first day of the 2019-20 term, the Supreme Court heard oral argument in Peter v. NantKwest, Inc., a case raising the question of whether a patent applicant should be responsible to pay all of the PTO's attorneys' fees...more
In 2011, the Leahy-Smith America Invents Act (“AIA”) established new post-issuance procedures for challenging the validity of a granted patent before the Patent Trials and Appeal Board (“PTAB” or “Board”). Inter partes...more
3/22/2017
/ America Invents Act ,
Covered Business Method Patents ,
Covered Business Method Proceedings ,
Estoppel ,
Inter Partes Review (IPR) Proceeding ,
Jurisdiction ,
Patent Agent Privilege ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Trademark Registration ,
Trademarks ,
USPTO
In a 7-2 decision authored by Justice Breyer, the U.S. Supreme Court held yesterday that an “appellate court must apply a ‘clear error,’ not de novo, standard of review” to the evidentiary underpinnings of a district court’s...more