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 [...]
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 [...]
The Record Is the Record: Two Recent IP Decisions with a Common Thread A quintessential evidentiary record is one that allows you to pull pertinent facts, craft weighty arguments, and ultimately carry the day. Fact-finding, proper recordation of evidence, and making the right argument at the right time are crucial. Parties to a suit don't [...]
Copyright in the Input, Uncertainty in the Output 2.o: The Legal Grey Area Expands Unsurprisingly, generative artificial intelligence (“AI” - an abbreviation whose definition has now entered common parlance, yet I provide one anyway for the non-AI user) makes headlines… again. ByteDance, the owner of TikTok, recently released Seedance 2.0, a video-based generative AI model [...]
Patent Anticipation - 35 U.S.C. § 102; Novelty - 35 U.S.C. § 103; and Patent-eligible subject matter - 35 U.S.C. § 101. Please join us on Monday, September 29, 2025, at noon, where we will discuss a recent decisions made by the Court of Appeals for the Federal Circuit regarding patent anticipation – section 102, [...]
A Duology of Intellectual Property Cases, Namely, Lashify v. ITC and In re Locus Link USA Please join us Monday, September 15, 2025, at noon where we will discuss one patent case and one trademark case. First, we will discuss the case of Lashify v. International Trade Commission, and second, the case of In re [...]
Surviving §101 and Keeping Trade Secrets...Secret Please join us Monday, August 18, 2025, at noon where we will discuss the recent decision made by the U.S. Court of Appeals for the Federal Circuit in Powerblock, Inc. v. iFit, Inc., No. 24-1177 (Fed. Cir. 2025) where the court reversed the district court's determination that PowerBlock's patent [...]
Federal Court Certifies Copyright Class Please join us Monday, August 12, 2025, at noon where we will discuss class certification as it relates to AI Copyright cases. Specifically we will discuss an order in which the court held, CERTIFIED: All beneficial or legal copyright owners of the exclusive right to Reproduce copies of any book [...]
Not So Cozy Prosecution History and Likeness Please join us Monday, August 04, 2025, at noon where we will discuss the recent decision made by the U.S. Court of Appeals for the Federal Circuit in Top Brand LLC v. Cozy Comfort Co., No. 24-2191 (Fed. Cir. 2025) where the court found in favor of Top [...]
Copyright in the Input, Uncertainty in the Output: Navigating the Legal Grey Zone of AI Training In the era of artificial intelligence ("AI"), and more specifically software services based on large language models ("LLM"), the legal grey area may have just become a little less grey. Two recent orders issued by two Judges for the [...]