ARE Copyright Alert: U.S. Supreme Court Issues Ruling on the Application of the First Prong of Fair Use Defense

On May 18, the Supreme Court issued a ruling in Andy Warhol Foundation for Visual Arts, Inc v. Goldsmith, No. 21-869, 598 U.S. _____ (2023), clarifying the scope of the first prong of the “fair use” defense to copyright infringement. In an opinion by Justice Sotomayor, the Court, 7-2, affirmed the ruling of the Second […]

ARE Patent Alert: U.S. Supreme Court Issues Ruling on Enablement of Functionally Claimed Composition Claims

On May 18, 2023, the U.S. Supreme Court issued its decision in Amgen, Inc. v. Sanofi et al., No. 21-757, 598 U.S. ____ (2023), unanimously affirming the Federal Circuit’s invalidation of Amgen’s claims to a broad class of antibodies for lack of enablement. Although some observers have lamented that the opinion marks a shift in […]