Debevoise Data Blog

JANUARY 13, 2025

But this new era of AI has not come without controversy, as authors and rights holders have launched waves of litigation against the companies that trained and released generative AI models, as well as their investors and affiliates, alleging violations of intellectual property rights. In Millette v. OpenAI, Inc.,

Litigator 52

Litigator Litigation Intellectual Property Defendant 52

Martindale-Avvo

FEBRUARY 7, 2025

However, unlike phone calls, text messages leave a written record that can later be reviewed, and, in some cases, used as evidence in court. We have all heard about the lawsuit involving Blake Lively and Justin Baldoni. A single message sent in anger can shape how the court perceives a party. Brandt at www.cozen.com.

Court 64

Court Attorney Defendant Lawsuit 64

Brett Trout

JANUARY 17, 2025

Even for smaller cases, where the damages are less than $1 million, the patent litigation costs average $700,000. While a contingent fee arrangement does not cover third-party costs such as expert witness fees, they cover attorneys fees which typically make up the vast majority of litigation costs. What Is a Contingent Fee Structure?

Litigation 52

Litigation Litigator Attorney Intellectual Property 52

Eric Goldman

MAY 27, 2025

Riehl asked ChatGPT to summarize a lawsuit involving the foundation. Riehl knew that ChatGPT’s claim was fishy and that the ChatGPT version he was using had an index cutoff date before the lawsuit filing. The court then says: the undisputed evidence establishes that OpenAI did not act with “actual malice.”

Lawsuit 65

Lawsuit Court Litigator Litigation 65

Brett Trout

JANUARY 17, 2025

Implications for the Intellectual Property and Legal Community The FTCs lawsuit against Deere raises important questions about how intellectual property rights intersect with antitrust law and consumer protection. Efficiency: Immediate access to repair tools means faster fixes and less downtime.

Intellectual Property 40

Intellectual Property Lawsuit Software Litigator 40

Brett Trout

MARCH 5, 2025

While AI promises efficiency and cost savings, a recent case in the United States District Court for the District of Wyoming serves as a stark reminder of the dangers of including unverified AI-generated content in court filings. The court discovered that eight of those cases did not exist. Walmart Inc. &

Court 59

Court e-filing Intellectual Property Legal research 59

Brett Trout

APRIL 10, 2025

Why Litigation Experience Matters in a Patent Attorney One of the most overlooked but highly valuable assets in a patent attorney is litigation experience specifically, experience arguing patent cases in federal court. Final Thoughts If youre serious about protecting your innovation, dont settle for a cookie-cutter patent.

Litigation 64

Litigation Litigator Attorney Intellectual Property 64

Brett Trout

APRIL 21, 2025

Court of Appeals for the Federal Circuit (the main court for resolving patent issues) issued a significant decision in Recentive Analytics, Inc. The Court’s Analysis Applying the two-step framework from Alice Corp. Brett Trout On April 18, 2025, the U.S. Fox Corp. (No.

Machine learning 59

Machine learning Court Litigation Litigator 59

Eric Goldman

FEBRUARY 27, 2025

Thus, lawsuits like this expose the damned-if-you-do, damned-if-you-don’t dilemma facing Internet services who are compelled to do age authentication. Second, the court turns to the TOS formation question. ” Instead, the court then compares this to the formation process at issue in the Berman case. .”

Lawsuit 98

Lawsuit Law Law Court 98

Brett Trout

FEBRUARY 3, 2025

In the intricate realm of patent litigation, the choice of legal representation can significantly influence the outcome of a case. While you want your patent lawyer to zealously represent your interests in court, having a lawyer who is too aggressive can backfire spectacularly. Brett Trout In a word, yes.

Lawyer 52

Lawyer Litigation Litigator Court 52

Brett Trout

JUNE 24, 2025

Brett Trout A federal court in San Francisco just handed down a ruling that is shaking up authors and AI users alike. What the Court Said In his opinion issued yesterday, Judge Alsup ruled training AI models on books qualifies as “fair use” under U.S. According to the court, the AI was not copying the books word-for-word.

Court 52

Court Lawsuit Judge Law 52

Debevoise Data Blog

JUNE 4, 2025

Increasingly, however, these technologies present litigation risks under the California Invasion of Privacy Act (CIPA). In this blog post, we provide an overview of the technologies that plaintiffs most commonly target for CIPA lawsuits and measures that companies can take to mitigate their CIPA litigation risk.

Litigator 52

Litigator Litigation Time-tracking Lawsuit 52

Justia Legal Marketing & Technology blog

FEBRUARY 12, 2025

Corporations are legally independent entities, so a creditor or a person filing a lawsuit against a corporation usually cant reach your personal assets, although there are some exceptions. Advantages include tax benefits and a court system with special expertise in corporate issues. What Are the Pros and Cons of Starting a Corporation?

Mediator 141

Mediator Workers Compensation Due diligence Court 141

Brett Trout

FEBRUARY 4, 2025

Brett Trout In a high-stakes patent litigation case, Alpha Modus Corp. has filed a lawsuit against Walgreens Co. District Court for the Eastern District of Texas, alleging infringement of three patents related to real-time retail technology. In its lawsuit, Alpha Modus accuses Walgreens of infringing the following patents: U.S.

Intellectual Property 52

Intellectual Property Due diligence Lawsuit Time-tracking 52

Brett Trout

FEBRUARY 11, 2025

Brett Trout Patent litigation is often complex and high-stakes, but the case involvingLeigh Rothschild, Starbucks, and attorney Rachael Lamkinhas taken an unusual turn, morphing from a patent infringement lawsuit into allegations of fraud, and now, a defamation battle? from defendants through AT.

Intellectual Property 52

Intellectual Property Lawsuit Defendant Litigation 52

Brett Trout

FEBRUARY 18, 2025

Recently, the companys aggressive enforcement of its intellectual property (IP) has taken center stage, with high-profile lawsuits targeting game modders, emulator developers, and companies like Pocketpair, the creators of Palworld. The lawsuit seeks damages and an injunction against the games continued distribution?

Intellectual Property 52

Intellectual Property Lawsuit Litigation Litigator 52

Legal IT Professionals

MAY 14, 2025

Trellis, the leading provider of trial court data and insights, has partnered with international labor and employment law firm Fisher Phillips to integrate its generative AI built for trial court litigation, Trellis AI, into the firms daily case alerts.

Litigation 100

Litigation Litigator Lawsuit Court 100

Brett Trout

JUNE 12, 2025

What the courts want now is a technological blueprint : a narrative that spells out the detailed how —not just the what —behind your invention. But what did the court see? Brett Trout If your AI patent application stops at “we used machine learning to solve X,” you’re already losing. Here’s how to build it. The reason?

Machine learning 52

Machine learning Intellectual Property Court Time-tracking 52

Brett Trout

JULY 15, 2025

Prepare for Litigation Draft contracts that account for AI-generated trade secrets Work with counsel to ensure NDAs and IP clauses hold up in court If a breach happens, move fast—evidence disappears quickly 5. laws, like the Defend Trade Secrets Act, offer some protection.

Court 59

Court Lawsuit Defendant State law 59

Brett Trout

FEBRUARY 5, 2025

Brett Trout In a recent decision by the Court of Appeal of the Unified Patent Court (CoA) dated December 20, 2024, the court underscored the critical importance of precise patent drafting. The case involved Alexion Pharmaceuticals, Inc., which faced significant challenges to its patent due to inaccuracies in its patent claims.

Litigator 52

Litigator Litigation Court Attorney 52

Clio

APRIL 17, 2025

These predictions are based on analysis of large datasets, often including judicial decisions, court filings, case law, and other legal data. For example, by analyzing court decisions, a predictive analytics tool can assess your possible chances of winning using certain procedures and estimate the potential costs and awards.

Analytics 52

Analytics Law firm Law Law 52

Eric Goldman

FEBRUARY 26, 2025

This lawsuit purports to focuses on the allegedly defective operation of the services’ reporting tools, but the plaintiffs’ goal was to hold the services accountable for their alleged inaction in response to some reports. The court dismisses the case entirely with leave to amend. This doctrinal move doesn’t work.

Court 59

Court Defendant Failure-to-appear Lawsuit 59

Eric Goldman

DECEMBER 20, 2024

This is the instant-classic lawsuit involving a Saskatchewan farmer who text-messaged a “thumbs-up” emoji in response to an offer to buy his flax. The lower court found that the seller’s thumbs-up emoji constituted assent to the buyer’s offer and awarded the buyer $82k (Canadian) in damages. Prior blog post.

Judge 72

Judge Court Lawsuit Litigator 72

Brett Trout

JUNE 18, 2025

If that part ends up on social media or in the middle of a lawsuit, a single photo could trace it back to the exact machine—and possibly the person—who printed it. Can courts order access to your 3D printer data? Could this become part of 3D printing lawsuit investigations? These aren’t hypothetical questions anymore.

Intellectual Property 59

Intellectual Property Electronic discovery Lawsuit Machine learning 59

Brett Trout

JULY 9, 2025

Customs enforcement, or litigation if needed. While there are many attorneys capable of registering your trademark, it is a good idea to choose a trademark attorney with extensive experience with not only prosecuting trademarks before the Patent and Trademark Office, but also one with experience litigating trademark disputes in federal court.

Intellectual Property 59

Intellectual Property Judge Litigator Litigation 59

Eric Goldman

FEBRUARY 16, 2025

At this point, I’ve not paid close attention to the proceedings because everything at the district court level is a rehearsal for the inevitable appellate court review. A reminder: this lawsuit is a battle royale. I’m sure the appellate court will be eager to docket this one. They tried again, to no avail.

Defendant 57

Defendant Court Litigator Litigation 57

Eric Goldman

MARCH 3, 2025

The plaintiff brought a putative class action lawsuit against Capital One based on Washington’s anti-spam law and related claims. The district court agrees with the plaintiff. ” I disagree with the court’s characterization of Section 230’s goals, but I can see why the 230 defense vexed the court. .”

Court 52

Court Compliance Defendant Lawsuit 52

Brett Trout

JULY 8, 2025

On June 27, 2025, Lululemon filed a federal lawsuit accusing Costco of selling “confusingly similar” knockoffs of its best-selling clothes—including its Scuba hoodies, Define jackets, and ABC pants. But instead of getting public support, Lululemon is facing an uphill battle in the court of public opinion.

Lawsuit 52

Lawsuit Intellectual Property Court Litigator 52

Brett Trout

JUNE 25, 2025

Startup IYO, spun out of Google’s moonshot X lab, just won a major victory in its lawsuit against OpenAI, Sam Altman, and Ive’s design studio LoveFrom. Courts have sided with companies in similar situations before, like Seycos vs. Seiko and XCEED vs. X-Seed. The lawsuit alleges this wasn’t just a coincidence. . On Friday, U.S.

Judge 40

Judge Lawsuit Machine learning Court 40

Percipient

JANUARY 20, 2025

For instance, machine learning can predict litigation risks based on similar cases, identify trends that might impact a client, or flag unusual clauses in contracts that might need extra attention. Theyre especially helpful for lawsuits or investigations that involve large amounts of information. Not really.

Legal tech 52

Legal tech Legal tech Machine learning e-discovery 52

Eric Goldman

NOVEMBER 25, 2024

” Toyota cited the 2020 Bose decision, which said that online marketplace alleged counterfeiters could be analogized to BitTorrent infringers, where courts have held that joinder against BitTorrent participants can be supported when they are all part of the same swarm. The rule establishes the standard.

Defendant 52

Defendant Judge Court Lawsuit 52

MatterSuite

NOVEMBER 24, 2024

Legal assistants, also called litigation assistants, mainly perform ancillary work and work at the strategic and administrative levels to support the legal profession. This can include preparing or handling legal papers and even assisting an attorney in court. What does a legal assistant do?

Paralegal 52

Paralegal Legal research Document management Law firm 52

Eric Goldman

MAY 28, 2025

The court summarizes: Plaintiff does not argue that Modlily appears in the product name or description of these listings, or anywhere on the webpage itself. Echoing Patmont, the court said the “post-domain path of a URL, however, does not typically signify source. Patmont was followed by Interactive Products Corp.

Defendant 57

Defendant Judge e-filing Court 57

Debevoise Data Blog

JUNE 26, 2025

Whether copyrighted works can be freely used to train generative artificial intelligence (“AI”) models is at the core of dozens of lawsuits filed since AI burst onto the scene several years ago. In Kadrey v. But the two opinions took somewhat different paths to reach the same conclusion.

Court 52

Court Defendant Judge Litigator 52

Eric Goldman

OCTOBER 23, 2024

The rival bought competitive keyword ads (the court uses the term “conquesting,” which I objected to here ) but didn’t include the third-party trademark in the ad copy. The trademark owner sued the advertiser for trademark infringement and lost in the district court. Prior blog post on the district court ruling.

Lawsuit 105

Lawsuit Judge Defendant Court 105

Eric Goldman

DECEMBER 27, 2024

Bell has filed at least 25 copyright lawsuits. Two prior blog posts on Bell’s litigation efforts: Fair Use Protects High Schools Use of Inspirational MemeBell v. The court opinion includes a screengrab of the tweet (see page 3). It contained a passage that has become a meme in the sports community.

Court 52

Court Lawsuit Litigator Litigation 52

Eric Goldman

MARCH 11, 2025

Thats the basis for a recent opinion from a Florida federal district court that could have major implications for online services CSAM detection and reporting practices. Now, however, a district court decision suggests that providers can no longer take it for granted that they wont face liability for reporting non-CSAM.

Lawsuit 52

Lawsuit Defendant Court Failure-to-appear 52