Two Recent Appellate Decisions: From AI Training Data to Pre-Suit Validity Checks Two appellate decisions from September share a common thread: courts won't accept the easy path as a substitute for the hard question. In Thomson Reuters Enterprise Centre GmbH v. ROSS Intelligence Inc., No. 25-2153 (3d Cir. 2026), the Third Circuit held that Westlaw [...]
Please join us Monday, September 14, 2026, at noon, as we discuss three topics in patent law. First, we will discuss the U.S. Court of Appeals for the Federal Circuit (CAFC) precedential decision in Moskowitz Family LLC v. Globus Medical, Inc., affirming a district court’s grant of summary judgment of noninfringement, its construction of the [...]
Injunctions, Hallucinations, and the CIPA Please join us Monday, September 1, 2026, at noon, as we discuss three topics in intellectual property and privacy law. First, we will discuss the patent case Wonderland Switzerland AG v. Evenflo Co., 162 F.4th 1346 (Fed. Cir. 2025). The Court of Appeals for the Federal Circuit reversed certain infringement [...]
Some lawyers hate motion practice. My father, for example, loved to be in trial but hated writing motions. I suspect that my mom wrote most of his motions, and maybe that's why I enjoy writing them. It's gotten to be more fun with AI -- I feel super-powered. In this week's SoCal IP Institute, I [...]
On Monday, July 27, we will consider the principal arguments in the pending 9th Circuit en banc rehearing of the Kat Von D copyright case. In addition, we’ll discuss a TTAB case that exposes a losing maintenance strategy for foreign owners of U.S. registrations based on Section 44(e) or Section 66. The plaintiff’s Petition for [...]
Two Federal Circuit Reversals, One Lesson: Words Matter - From Patent Prosecution to Hypothetical Copyright Negotiations Two Federal Circuit decisions from this July share a common thread: courts won't let hindsight or selective memory rewrite the record. In 4DD Holdings, LLC v. US, No. 24-1996 (Fed. Cir. 2026), the court vacated a copyright damages award [...]
Copyright Cases: Rights Reservation does not Eliminate Standing for Licensed Rights and Fifth Time's the Charm for Ricky Martin Great Bowery Inc. v. Consequence Sound LLC et al. (available here) Famed photographer Annie Leibovitz entered into an agreement with a licensing agency, Great Bowery, granting it the exclusive, worldwide right to "license, market, and promote" [...]
Two Recent Trademark Cases The Supreme Court takes a trademark case: RiseandShine Corp. v. PepsiCo., Inc., No. 24-1016 (U.S. 2026) (granting Cert.). Is the strength of a trademark an issue of fact,, a jury issue, or an issue of law for the judge? The Second Circuit is the only appellate court to hold the issue [...]
Two Recent Cases Please join us Monday, June 22, 2026 at noon online or in Westlake Village when we will discuss two recent cases. In a patent case at the Federal Circuit, GoTV Streaming, LLC v. Netflix, Inc., No. 2024-1669 (Fed. Cir. Feb. 9, 2026)(Opinion by Judge Tarantino reversing Judge Klausner of the Central Dist [...]
Please join us Monday, June 15, 2026 for a thoughtful video regarding Cultural Competence for Lawyers Representing LGBTQ+Clients. The link may be found at: https://saclaw.org/video-library/cultural-competence-for-lawyers-representing-lgbtq-clients/ Presented by Angelo Gaz.