Copyright, patent, trademark, trade secrets.

Federal Courts Issue Contrasting Rulings on AI Training and Copyrighted Books Fair Use

September 9th, 2025|Categories: HB Tort Notes, Intellectual Property, Journal, New Featured Post for Home Page, News|Tags: , , |

Federal courts in California just issued conflicting rulings on whether training AI models with copyrighted books qualifies as fair use. In Bartz v. Anthropic, the court protected training on lawfully purchased works but rejected the use of pirated copies. In contrast, Kadrey v. Meta allowed AI training on pirated books, calling it “highly transformative.” Tom Hagy explains that with more than 50 similar lawsuits pending, these decisions underscore the legal uncertainty facing tech companies, publishers, and creators—and could reshape the future of AI development and copyright law.

Artificial Intelligence Meets Copyright Law with Ryan Phelan and Tiffany Gehrke

September 7th, 2025|Categories: ELP, Intellectual Property, New Featured Post for Home Page, Technology Law|Tags: , , |

What happens when artificial intelligence collides with copyright law? In this episode of the Emerging Litigation Podcast, intellectual property attorneys Ryan Phelan and Tiffany Gehrke of Marshall, Gerstein & Borun LLP unpack two landmark court decisions on fair use and AI training data. They explain why courts found AI training to be “transformative use,” how judges are treating legally obtained versus pirated data, and why algorithmic outputs could be the real battleground ahead. With deep expertise in technology and IP law, Ryan and Tiffany offer practical insights into how these rulings may shape the future of AI, copyright, and innovation.

Artificial Intelligence Litigation Roundup

July 7th, 2025|Categories: Complex Business Litigation, Intellectual Property, Technology Law|Tags: , , , |

The ongoing rise of artificial intelligence (AI) is reshaping legal landscapes, with a surge in antitrust and copyright lawsuits challenging the way AI integrates into business and creative industries. Key cases target AI-driven pricing platforms like RealPage and Yardi Systems, with plaintiffs alleging these tools enable collusive price fixing and drive up costs in sectors such as real estate, healthcare, hospitality, and equipment rental by aggregating and sharing sensitive commercial data. Meanwhile, copyright battles have intensified as creators, publishers, and developers sue major tech companies—including Cohere, Stability AI, OpenAI, Meta, GitHub, Microsoft, and Google—over the unlicensed use of their works to train AI models. These lawsuits argue that using copyrighted material without consent threatens creators’ rights and business models, while defendants counter with fair use and public domain defenses. The outcomes of these pivotal cases will set crucial precedents on acceptable AI practices, copyright scope, and the use of data for training language models. As AI continues to advance, these legal battles will play a defining role in shaping the future of competition, creativity, and consumer protection across industries worldwide. Read an excerpt and click to the full story on the Mogin Law LLP website.

Last Days of Patent Eligibility Confusion with Ryan Phelan

December 23rd, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , |

In this episode, we discuss the intricate landscape of patent eligibility in the United States, twin patent law decisions from the Supreme Court, and the proposed Patent Eligibility Restoration Act and how -- if passed -- it could unlock new opportunities for innovation amid the challenges posed by judicial exceptions with seasoned patent attorney, Ryan N. Phelan of Marshall Gerstein. Listen now!

IP Protection, Secure Transactions, and Bored Apes: NFTs with Cameron Pick

December 17th, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , , , |

In this episode, we discuss the evolving landscape of NFTs – or non-fungible tokens – which have taken the digital world by storm – or perhaps just a downloadable picture of a storm – promising to revolutionize not only the way we perceive, protect, purchase, and own digital assets, but how we might even buy a house or other assets in the real world. Guest Cameron Pick of Marshall Gerstein draws on his expertise in intellectual property law to provide insights into the changing dynamics of NFTs and the legal issues that accompany them. Tune in now!

Copyrightability of AI Generated Work

September 25th, 2024|Categories: CLE OnDemand, Intellectual Property, Technology Law|Tags: , , , , , |

Take this webinar featuring Perkins Coie LLP attorneys Lisa Ortiz and Sean West to gain a better understanding of the challenge of determining human authorship in AI-generated works, the guidance and disclosure rules established by the Copyright Office, the importance of addressing copyright ownership and usage rights in AI-related license agreements, and the implications of joint ownership of AI models and output. Learn about the categories of work in which AI is being applied in the practice of law, e.g., legal research, document drafting, deposition preparation, and discovery review. Understand the various risks associated with AI, e.g., biased and inaccurate outputs, unauthorized disclosures of private data, and intellectual property infringement.  Get an overview of governmental regulation and guidance. Finally, start your journey to develop best practices in establishing AI governance teams and processes with an eye toward complying with regulations and mitigating risk. Check it out!

Trademarks, Copyrights, Brands, T-Shirts, and Champagne with Tiffany Gehrke and Kelley Gordon

August 7th, 2024|Categories: ELP, Intellectual Property, Law Firm Operations|Tags: , , , |

In this episode, we discuss three matters relevant to anyone watching copyright and trademark law, or anyone fond of branded t-shirts and fancy French beverages, with guests Tiffany Gehrke and Kelley Gordon, both Partners at Marshall, Gerstein & Borun LLP. Listen and learn more! Tom even (somewhat) learned how to say something in French. Mon dieu, people!

Copyright Issues in Generative AI for Software: Doe v. Github, Inc. et al.

January 17th, 2024|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, Mass Torts, New Featured Post for Home Page, News, Technology Law|Tags: , , , , |

The ongoing case of Doe v. Github Inc. et al. addresses copyright-related issues inherent in the Copilot generative AI that allows users to enter prompts to generate software code. This case addresses many of the issues involved in the training and use of generative AI for generating software code. The author, Jeffrey Gluck examines these issues, which he anticipates will have far-reaching implications for AI-generated works in the future. As Jeffrey notes, "Github is a case that may have far-reaching implications for AI-generated works in the future".

Machines Inventing Machines: Artificial Intelligence and Patent Law

January 12th, 2024|Categories: ELP, Intellectual Property, Technology Law|Tags: , , , , |

In this episode, we talk to Robert A. McFarlane of Hanson Bridgett LLP about artificial intelligence in the world of invention and questions raised in a recent decision from the U.S. Court of Appeals for the Federal Circuit that expounded on the principle that only human beings - not machines - can be named as inventors under U.S. patent law. Listen and learn more!

Video Game or Casino? An International Examination of Loot Boxes and Gambling Regulations

December 26th, 2023|Categories: Emerging Litigation & Risk, HB Tort Notes, Intellectual Property, Journal, New Featured Post for Home Page, News, Technology Law|Tags: , , , |

The author, Darius Gambino of Saul Ewing LLP examines the legal and regulatory challenges surrounding loot boxes in video games, highlighting the risks of litigation, government scrutiny, and the need for industry self-regulation.

Latest on Software and AI Devices from the United Kingdom’s MHRA by Jackie Mulryne and Eleri Williams

October 6th, 2023|Categories: HB Risk Notes, Intellectual Property, Technology Law|Tags: , , , , |

In this article, the authors discuss new updates from the UK’s Medicines and Healthcare products Regulatory Agency on how software and artificial intelligence medical devices will be regulated in the United Kingdom after Brexit. Read and learn more!

Intellectual Property Trial Team Diversity with Tara Trask

May 9th, 2023|Categories: Class Actions, ELP, Intellectual Property, Law Firm Operations, Procedural Law|Tags: , |

Intellectual Property Trial Team Diversity with Tara Trask Diversity and inclusion initiatives aren’t just valuable for checking off compliance boxes and writing marketing copy. Those benefits are a distant second and third to the genuine value team diversity has on the success of a company or a project. That also means law firms and trials. A recent article published by the American Bar Association Tort and Insurance Practice Section hailed diversity of perspectives for how they improve a team’s ability to resolve legal issues, innovate solutions, and introduce  factors homogeneous teams may miss. The National Association for Law Placement reported that women and people of color are making great progress at major law firms. Nearly half of associates are women and, based on summer associate statistics, women are expected to break the 50% as early as this year or next. Black associates made impressive gains, but there remains room for improvement. At the partner level, however, Black and Latinx women and men remain stuck in the low single digits. In this episode we drill down even further to examine trial teams in the intellectual property arena. I was thrilled to speak with Tara Trask, one of the nation’s leading experts on IP trials and juries, having directly worked on or observed more of these proceedings than just about anyone. Tara [...]

Go to Top