Standing To Sue For Patent Infringement: Where Do We Stand On The “Exclusionary Right” Requirement?

Under Article III of the Constitution, a plaintiff must have standing in order to bring a suit in federal court. To establish standing, the plaintiff must have "(1) suffered an injury in fact, (2) that is fairly traceable to the challenged conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision."1Constitutional standing is a jurisdictional requirement, a defect in which can be challenged at any time, even [...]

Global IP Protection: Why You Need A Strategy, Not Just An Application

When brands think about protecting their intellectual property abroad, they often start with the most visible tasks: filing a trademark application, registering a patent, or sending a takedown notice to deal with a specific infringement. Those steps matter. On their own, though, they are tactical steps. They can be necessary, but they rarely build durable protection and, in many markets, they leave companies exposed. This post is for companies expanding internationally and for the [...]

Court Grants Partial Summary Judgment In Significant AI Training Copyright Case

In a significant decision entered on February 11th, 2025 in the United States District Court for the District of Delaware (Case No. 20-cv-0613-SB) the Court granted partial summary judgment in a copyright case against a legal AI company, Ross Intelligence, and in favor of Thomson Reuters, owner of Westlaw. As set forth in the Court's memorandum opinion, Thomson's copyright claims were based on Ross's use of thousands of "Bulk Memos" that were created by a second [...]
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