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Supreme Court Holds Warhol’s “Orange Prince” Not Transformative, Not Fair Use

By Joe Meckes on Posted in Copyright, Judiciary, Supreme Court, US
The Supreme Court recently upheld an appellate court’s ruling that Andy Warhol’s use of a photograph of Prince as a reference for a collection of screen prints is not fair use – to the extent his foundation decided to license them at least. In the weeks that followed, the Supreme Court’s decision in Andy Warhol … Continue Reading

District Court Gatekeeping Responsibility for Expert Witness Testimony to Increase Under Proposed Changes to Federal Rule of Evidence 702

By David Elkins on Posted in IP Litigation, Judiciary, Patent Litigation, US
Sister blog Global Investigations and Compliance Review posted a very read-worthy recent blog authored by our colleagues Marisa Darden, Ayako Russell and Jay Thomas. Addressing proposed changes to the Federal Rule of Evidence 702 standards regarding the admissibility of expert witness opinions, the post is a must read for anyone involved in or concerned with … Continue Reading

Rulemaking at the US Patent Office: Does Director Guidance On Discretionary Denials of Review Require Opportunity for Public Comment?

By Tamara Fraizer and Frank Bernstein on Posted in IP Litigation, ITC Section 337, Judiciary, Patent Litigation, PTAB, Supreme Court, Technology, US, USPTO
The Federal Circuit has refused to uphold the dismissal of a complaint alleging that the Director of the Patent and Trademark Office (PTO) improperly issued instructions to PTAB judges regarding whether to institute requested patent review proceedings. The complaint alleges that the so-called Fintiv factors – initially set forth in two opinions designated by the … Continue Reading

Judge Leonard P. Stark Will Bring a Wealth of Patent Experience to the Federal Circuit

By Adam Hess on Posted in Judiciary, Patent Litigation
On Wednesday, November 3, 2021, the White House announced President Biden’s nomination of Judge Leonard P. Stark (U.S. District Court for the District of Delaware) to the U.S. Court of Appeals for the Federal Circuit. If approved, Judge Stark will succeed Judge Kathleen M. O’Malley, who recently announced that she will retire in March 2022.… Continue Reading

New Artificial Intelligence Advisory Body in England and Wales – Bringing the Modern World to the Judiciary

By Ailin O'Flaherty and Andrew Wilkinson on Posted in Judiciary, UK
Lord Burnett of Maldon, the current Lord Chief Justice, has set up a new Advisory Body with the aim of ensuring that the Judiciary of England and Wales is fully informed about developments in artificial intelligence (AI). In setting up the group, Lord Burnett recognised the importance of AI in today’s modern world, and the potential … Continue Reading
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