Amendments to the Federal Rules of Civil Procedure are projected to take effect on Dec. 1 for cases filed on or after that date. Litigators should embrace the new requirements for an early negotiation of privilege-related discovery as a means to securing opportunities to strengthen their cases or for settlement leverage.…

Even with the latest in AI tools, creating and producing privilege logs remains an expensive and challenging endeavor, offering opportunities for leverage in a protracted dispute.…

In Thomson Reuters Enterprise Centre GMBH v. ROSS Intelligence
Inc., the U.S. District Court for the District of Delaware was the first
to consider a defense of fair use in the context of artificial intelligence
systems’ use of copyrighted content for AI training purposes.…

In IOENGINE, LLC v. Ingenico Inc., 2021-1227 (Fed. Cir. May 3, 2024), the CAFC considered the printed matter doctrine in reviewing a PTAB determination that certain limitations in two claims were entitled to no patentable weight — weight that otherwise could have been used to distinguish the claims from prior art. The Board’s determination led it to find that the claims were indeed anticipated by prior art.…