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 [...]
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 [...]
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 [...]
Surviving a 12(b)(6) Motion to Dismiss and Making False Advertisements Please join us Monday, October 21, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Alexsam, Inc. v. Aetna, Inc., No. 22-2036 (Fed. Cir. 2024) where the court found in favor of [...]
Please join us Monday, September 16, 2024, at noon where we will discuss two recent decisions made by the U.S. Court of Appeals for the Federal Circuit in Softview, LLC v. Apple Inc. et al., No. 2023-1005, 2023-1007 (Fed. Cir. July 26, 2024), and Voice Tech Corp., v. Unified Patents, LLC 2022-2163 (Fed Cir. August [...]
Federal Circuit Dismantles “Rigid” Rosen-Durling Test for Design Patent Obviousness in Light of KSR; USPTO Promptly Issues New Guidance On February 5, 2024, the Federal Circuit sat en banc to hear oral arguments in a closely watched case concerning design patent obviousness standards in a dispute between LKQ (an aftermarket auto-parts provider), and General Motors [...]
SoCal IP Law Institute MCLE meeting of August 15, 2022 - CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. Please join us on Monday, August 15, 2022 at Noon , where we will discuss CAFC re: Recapture During a Broadening Reissue; and CAFC re: Expert Witnesses and Obviousness. For [...]