Recent Decisions from CA and NY On AI Training and Copyright
August 01, 2025
In late July, two important decisions came down from courts in the Northern District of California regarding the unauthorized use of copyrighted material for the training of large language models. No real consensus has emerged as to the effect they will have on the broader AI litigation landscape.
Insights from Acting Director Stewart’s Decisions on Discretionary Denial under the New Interim Processes for PTAB Workload Management
July 31, 2025
Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR) when parallel litigation is already pending in federal district court or the U.S. International Trade Commission (ITC). Acting Director Stewart replaced those guidelines with new interim processes that rely on the Director to issue decisions on patent owners’ requests for discretionary denials.
IP News
July 31, 2025
“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
July 31, 2025
On July 23, 2025, the Ninth Circuit issued a pivotal decision regarding digital art, blockchain technology, and trademark law. The ruling not only clarifies that non-fungible tokens (NFTs) are protectable “goods” under federal trademark law, but also sets important standards for how courts should analyze consumer confusion, fair use, and First Amendment protections surrounding artistic expression in the rapidly evolving NFT marketplace.
Copyrights Battles and the Downfall of EU AI Act
July 31, 2025
While the EU AI Act certainly deserves compliments for both its pioneering nature and numerous thoughtful provisions aimed at the efficient and effective regulation of modern AI, it is not without its drawbacks.
Med Tech Patent Case Offers Examples for AI Enabled Innovation In Any Industry
July 01, 2025
While the case discussed in this article involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries. Patent applicants should expect to see reliance by the Patent Office not only on its 2019 Guidance but also on its examples illustrating application of the guidance in the context of AI related innovation.
IP News
June 30, 2025
Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 VaccineFederal Circuit: PTAB Did Not Err In Finding that Prior Art Reference Disclosed Negative Limitation Without Stating a Feature’s Absence
Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited
June 30, 2025
A federal judge handed Meta a major win on June 24 in a closely watched copyright case over its use of books to train large language models, but the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.
