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Generative AI and Fair Use of Copyrighted Material: The U.S. Copyright Office Chimes In
Brett Trout The U.S. Copyright Office has just chimed in a third time on the use of copyrighted material to train Artificial Intelligence (AI) systems. “Copyright and Artificial Intelligence, Part 3: Generative AI Training” dives deep into the application of AI “fair use” and copyright licensing. So can you legally use copyrighted material to train your […]
A Cautionary Tale for Patents Covering Fintech and AI
Brett Trout On April 30, 2025, the Federal Circuit issued a precedential decision in Fintiv, Inc. v. PayPal Holdings, Inc., No. 23-2312, with far-reaching implications for the validity of patents in financial technology (fintech) and artificial intelligence (AI). The court found several claims in Fintiv’s patents invalid for indefiniteness under 35 U.S.C. § 112 ¶ 6. […]
The Court of Appeals for the Federal Circuit: You Don’t Get a Patent Simply for Using Ordinary AI to Solve Ordinary Problems
Brett Trout On April 18, 2025, the U.S. Court of Appeals for the Federal Circuit (the main court for resolving patent issues) issued a significant decision in Recentive Analytics, Inc. v. Fox Corp. (No. 23-2437), affirming the district court’s dismissal of Recentive’s patent infringement claims against Fox. The court held that Recentive’s patents, which utilized generic machine learning […]
Why Aren’t Law Firms Leading the Way in AI Integration?
Brett TroutThe yasal industry is facing its most significant transformation in decades. Technological advancements in the area of transactional kanunî practice (preparing business documents), evvel relegated to the back office, are now front and center in discussions about efficiency, client service, and competitive edge. With artificial intelligence (AI) and Generative AI (GenAI) technologies maturing rapidly, […]
Why Intellectual Property Law Is Here to Stay (Yes, Even If Elon Musk Disagrees)
Brett Trout In the world of tech, bold declarations are par for the course. But when Jack Dorsey tweeted “delete all IP law” and Elon Musk replied, “I agree,” it wasn’t just another hot take—it was a direct challenge to a foundational pillar of innovation and economic growth: intellectual property (IP) law. As tempting as […]
Samsung’s Latest Patent Application: How Many Times Do You Need to Fold Your Phone?
Brett Trout In the ever-evolving world of smartphones, new is not always better. Sometimes a company has to push past a boundary to determine how much is too much. But if you are the kind of person who is upset their razor only has five-blades, you may want to take a gander at Samsung’s latest […]