Debevoise Data Blog

FEBRUARY 4, 2025

After many rounds of motions to dismiss, intellectual property cases against AI developers are moving into the discovery phase. Defendants denied the allegations and stated that to the extent any copying of copyrighted works occurred, that copying constituted fair use. [2] OpenAI, Inc. cases since last February). [1] 2/16/24).

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Legal Talk Network

OCTOBER 31, 2019

CLA 2019 Annual Meeting: Intellectual Property Law Section. The Intellectual Property Law Section hosts a podcast where they talk about their member benefits, publications, and their new program ‘IP Without Borders’. CLA 2019 Annual Meeting: Litigation Section–CLE Highlights and Section Updates.

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Brett Trout

JANUARY 14, 2025

Protecting your idea through a patent is an essential step in safeguarding your intellectual property. Consult a patent lawyer to discuss enforcement options, which may include sending a cease-and-desist letter or pursuing litigation. Trout Youve created a new invention, congratulations! What is a patent?

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Eric Goldman

MARCH 9, 2023

I’m pleased to share a draft of a new paper, “ A SAD New Category of Abusive Intellectual Property Litigation.” This paper explains the scheme, how it bypasses standard legal safeguards, how it’s affected hundreds of thousands of defendants, and how it may have cost the federal courts a quarter-billion dollars.

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Debevoise Data Blog

NOVEMBER 12, 2024

Judge Colleen McMahon of the Southern District of New York dismissed plaintiffs’ suit in its entirety, holding that plaintiffs had no cognizable claim for damages or injunctive relief because they failed at this stage of litigation to demonstrate that they had been harmed in any way by OpenAI’s actions. See, e.g. , Kirk Kara Corp.

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Debevoise Data Blog

FEBRUARY 14, 2025

Defendants could have more success on the first fair use factor, purpose and character, in the context of a generative AI model. Generative AI defendants have argued that their models have very different characters and purposes than the data on which theyre trained. To subscribe to the Data Blog, please click here.

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Martindale-Avvo

APRIL 28, 2023

Litigation : This area of practice involves representing clients in court, including civil and criminal trials, appeals, and alternative dispute resolution. Intellectual property law: This area of practice involves protecting clients’ intellectual property rights, such as trademarks, copyrights, and patents.

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Brett Trout

JANUARY 30, 2025

Three proposed billsthePREVAIL Act, RESTORE Act, and PERA (Patent Eligibility Restoration Act)aim to fix longstanding issues in patent law, making iteasier for inventors to obtain patents, defend them in court, and monetize their innovations.

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Eric Goldman

SEPTEMBER 29, 2024

The defendants sought to overturn the jury verdict. Fair Use Nature of Use “Defendants’ use of the tattoos was clearly commercial.” This was evident with Defendants’ “Create-A-Superstar” feature which enabled a user to take the tattoos and apply them to their own custom wrestler avatar. ” Really?

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Eric Goldman

NOVEMBER 28, 2023

I’m pleased to share the final published version of my article, “ A SAD Scheme of Abusive Intellectual Property Litigation.” ” The article explains how IP rightsowners are twisting the rule of law to obtain ex parte TROs that prompt online marketplaces to freeze the defendants’ cash and accounts.

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Brett Trout

MARCH 5, 2025

Paying opposing counsels fees for defending the Motion in Limine; and ?Implementing Promptly withdrawing the Motion in Limine; ?Being Being honest and forthcoming about the use of AI in generating the case citations; ?Paying 0) When AI Turns Against You: The Devastating Fallout of a Single Download (0)

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LawSites

FEBRUARY 3, 2022

.” Protecting ‘Brilliant Ideas’ Describing himself as “a chemist by training, an entrepreneur by circumstance,” Londergan told me he had long been concerned with the lack of formal protections for the know-how that was the core intellectual property for most companies. Who has access to the trade secret?

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Eric Goldman

JULY 26, 2023

for now…) CFAA claims Chegg brought a CFAA claim against the defendant because: 1) its data is behind a log-in screen; 2) Chegg thinks that the defendant got the data while using a free trial; and 3) the defendant is still using the data to undermine Chegg’s core business after getting the cease-and-desist letter.

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LawSites

JULY 7, 2022

I am a big fan of litigation analytics, even once suggesting that it could be malpractice for a litigator not to use the technology. Analytics might tell you, for example, that, in intellectual property cases, Judge Smith decides summary judgment motions for plaintiffs 70% of the time. But it only tells you past behavior.

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Eric Goldman

FEBRUARY 21, 2025

With respect to the balance of hardships, the court says “Next Level will not experience meaningful hardship as a result of the TRO because Next Level will only be enjoined from misappropriating Invisible Narratives’ intellectual property.” ” PREACH!

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LawSites

FEBRUARY 3, 2022

.” Protecting ‘Brilliant Ideas’ Describing himself as “a chemist by training, an entrepreneur by circumstance,” Londergan told me he had long been concerned with the lack of formal protections for the know-how that was the core intellectual property for most companies. Who has access to the trade secret?

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Eric Goldman

JULY 17, 2023

Abitron garnered far less attention than did other intellectual property (IP) cases argued this term, including Jack Daniels Products, Inc. Nonetheless, the majority opinion will have significant practical implications for transnational litigation in all IP areas. The Steele facts are not readily distinguishable from Abitron.

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Eric Goldman

AUGUST 1, 2023

Neither Time nor BuzzFeed was named as a defendant. To be clear, the plain language of the Copyright Act requires that the defendant must display a “copy” of the image; but it does not say that the “copy” must necessarily be in the defendant’s possession.] 2021), for example, the defendant purchased a website from another party.

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LawSites

NOVEMBER 29, 2022

Shade Vaughn, the firm’s chief marketing and business development officer, provided this statement: “In accordance with the court’s timetable, we will be replying to the counterclaims, which are frivolous, and we will continue to vigorously pursue our claims against the defendant for its misappropriation and contractual breaches.”.

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Legal Expert Connections

NOVEMBER 20, 2023

Whether it’s a successful jury verdict, a summary judgment win, or a negotiated settlement, clients like to learn about how your firm defends its clients. Our focus is on the business-to-business market, including but not limited to business law, insurance defense, employment defense, commercial litigation, and immigration law.

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MatterSuite

NOVEMBER 27, 2023

For instance, the growth of e-commerce and digital industries has given rise to areas of law like Intellectual Property and Technology Law. Criminal defense lawyers often find themselves in courtrooms, defending or prosecuting individuals accused of crimes.

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Eric Goldman

DECEMBER 13, 2023

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. If nothing else, litigants know where they stand in these jurisdictions. Three courts of appeals have answered “no.”

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LawSites

MAY 31, 2022

In litigation and intellectual property matters, it is the responsibility of docketing professionals to ensure that electronic court pleadings and documents are properly and timely filed, to maintain internal databases of docketed documents, and to facilitate access to documents by the firm’s legal professionals.

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Berkley Technology Law Journal

FEBRUARY 27, 2023

We’ll explore the potential impacts of ChatGPT not only on everyday life, but also on the legal industry, education, intellectual property law, geopolitics, and more. So for instance, in the area where I practice, which is startups and venture capital, there’s a very strong bias against litigating. You know, did?

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Richmond Journal of Law and Technology

NOVEMBER 27, 2023

26] The Activis decision provides plenty of wiggle room for defendants to argue their way out of collusion charges using speculative business theories. [27] 30] The question is where exactly to draw the line when balancing patent holders’ intellectual property rights with patients’ rights to affordable medications. [31]

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Eric Goldman

JUNE 20, 2023

Although copyright infringement is a strict liability tort, all of these facts might have helped to convince Goldsmith to settle on reasonable terms, and all of them would have made AWF a more sympathetic defendant in the unlikely event that Goldsmith pursued her claims and a trial was needed.

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Eric Goldman

DECEMBER 27, 2024

Two prior blog posts on Bell’s litigation efforts: Fair Use Protects High Schools Use of Inspirational MemeBell v. This extraordinary assertion, with which Shakespeare, Tolstoy and Faulkner might take issue, [FN] frankly causes this court to wonder whether it is dealing with a litigant whose feet are firmly planted on the ground.

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MatterSuite

JULY 5, 2024

Some of the specializations include mergers and acquisitions, corporate governance, compliance, and intellectual property. Advising clients in cases where they have to defend themselves against tax laws. Common Duties of Tax Attorneys This usually involves offering consultations on tax planning and compliance.

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Above the Law - Technology

DECEMBER 4, 2023

VoiceScript Ai.Law Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative?

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Simple Legal

JULY 20, 2023

Intellectual property books Intellectual property (IP) is incredibly valuable but only if you know how to protect it. These intellectual property books help make sense of the notoriously complicated aspects of IP law. INTELLECTUAL PROPERTY LAW: LEGAL ASPECTS OF INNOVATION AND COMPETITION by Kurt M.

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Legal Tech Monitor

DECEMBER 4, 2023

VoiceScript Elevator Pitch: Provides AI-generated litigation documents, from pleadings to discovery. We are the first AI-driven platform to focus specifically on drafting litigation documents. The substantial amount of time lawyers spend drafting documents during litigation. What makes you unique or innovative? Anything else?

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Eric Goldman

JUNE 21, 2023

Moreover, the Court clarified that trial courts can dispose of frivolous trademark infringement claims as a matter of law on a motion to dismiss under the Rogers test and the standard likelihood of confusion test: “That is not to say (far from it) that every infringement case involving a source-identifying use requires full-scale litigation.

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