The Court of Appeals for the Federal Circuit recently addressed the issue of “analogous prior art,” a patent law doctrine fundamental to the legal determination of whether a patent is invalid as obvious over the prior art. The decision illustrates
Minding Your Business
Proskauer’s perspective on developments and trends in commercial litigation.
Minding Your Business, published by Proskauer Rose LLP, covers legal developments and issues affecting businesses across various sectors. The blog addresses topics such as securities litigation, regulatory compliance, corporate governance, labor and employment law, privacy and cybersecurity, and emerging legal challenges in technology and innovation. It also discusses litigation risks in specialized industries like aerospace and sports, transparency in court proceedings, consumer protection enforcement actions, and the impact of biometric data and virtual reality on sports law. The blog provides insights into regulatory changes, enforcement trends, and legal strategies relevant to corporate clients and legal practitioners.
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Thomson Reuters v. Ross Intelligence: D. Del. SJ Decision Provides Insight as Copyright Litigation Tests the Legality of Generative AI
Generative AI has taken the world by storm since OpenAI launched ChatGPT in November 2022. But the buzz and excitement of GAI has come with difficult legal questions that threaten the new technology. Several lawsuits—some of which we have…
A Name is Not Enough: Ninth Circuit Finds No Standing for First-to-File Shareholder to Appeal Securities Class Action
Imagine you are an investor and you decide to file a lawsuit after a company that you invest in suffers a stock drop. When you get to the courthouse, you find that you are the first person to file a…
Legal Separateness: The Boundaries on Written Discovery
By Joan Kim
The concept of corporate legal separateness has long been a fortress protecting affiliated business entities such as parents, subsidiaries, and sister companies from various kinds of liability and litigation. However, how much protection does such legal separateness offer the information…
Are Eminem and Too $hort Too Offensive for the Workplace?
There is a time and place for everything, or so they say. Eminem and Too $hort are both somewhat polarizing artists. From songs such as Eminem’s “Cleaning Out My Closet” to Too $hort’s infamous “Blow The Whistle”, some of their…
Reform of the English Arbitration Act 1996 – The Law Commission’s Final Report
The Return of the Video Privacy Protection Act (VPPA)
By Amy Gordon
This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication of a list of films…
Game On! Microsoft and Activision Deal is One Step Closer to Actual Reality
On January 18, 2022, Microsoft’s acquisition of Activision, one of the world’s most-valuable gaming companies, was announced. In April 2023, the United Kingdom’s Competition and Markets Authority (CMA) blocked the deal on concerns that the deal could “alter the…
States and Healthcare Leaders Must Respond to New Health Equity Regulations
This year, the federal government’s new health equity regulations began taking effect. The regulations represent the government’s increased commitment to health equity advancement as a major part of its regulatory enforcement. As these changes go into effect, states and businesses…
FTC Continues to Stake Out Role as Key AI Regulator
While speaking at the annual conference of the National Advertising Division on September 19, 2023, the Federal Trade Commission (“FTC”) announced a generative AI (“AI”) policy that is consistent with Chairwoman Khan’s focus on the perceived harms to consumers…