Jolie B. Schenerman
Subscribe to Jolie B. Schenerman's PostsJolie Schenerman is a member of McDermott Will & Schulte's Litigation Group. Read Jolie Schenerman's full bio.
Provider’s degree of control affects DMCA safe harbor
By Jolie B. Schenerman on Feb 26, 2026
Posted In Copyrights
The US Court of Appeals for the Second Circuit affirmed dismissal of a photographer’s Digital Millennium Copyright Act (DMCA) claims against a digital media platform for lack of scienter but vacated summary judgment on copyright claims. The Second Circuit remanded the case to the district court with instructions to assess whether the accused infringer can...
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TRAIN Act targets transparency in generative AI training practices
By Jolie B. Schenerman on Feb 12, 2026
Posted In Copyrights
Representatives Madeleine Dean (D-PA) and Nathaniel Moran (R-TX) introduced a bipartisan bill entitled the Transparency and Responsibility for Artificial Intelligence Networks (TRAIN) Act in the US House of Representatives. The legislative objective is to provide a mechanism to help musicians, artists, writers, and other creators determine if their copyrighted work was used to train generative...
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All rise: Here comes the real judge
By Jolie B. Schenerman on Jan 22, 2026
Posted In Trademarks
The US Court of Appeals for the Federal Circuit sustained the Trademark Trial & Appeal Board’s refusal to register trademark applications (over oppositions) for two character marks and a design mark based on the Board’s finding of likelihood of confusion with the common law rights of a world-famous baseball player and major league baseball’s players...
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IPR estoppel doesn’t extend to ongoing ex parte reexamination
By Jolie B. Schenerman on Dec 11, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed a decision by the Patent Trial & Appeal Board, concluding that inter partes review (IPR) estoppel under 35 U.S.C. § 315(e)(1) does not apply to ongoing ex parte reexamination proceedings and that the Board may retain jurisdiction over a patent even after its expiration. In...
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Enablement: Skilled artisan’s knowledge no substitute for adequate written description
By Jolie B. Schenerman on Oct 30, 2025
Posted In Patents
The US Court of Appeals for the Federal Circuit affirmed the US International Trade Commission’s (Commission) decision that a water filtration patent was invalid for lack of written description and enablement because the scope of the asserted claim was not enabled by the patent’s specification. Brita LP v. International Trade Commission, Case No. 24-1098 (Fed....
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Standing: Don’t get owned by incorrect trademark ownership
By Jolie B. Schenerman on Sep 4, 2025
Posted In Trademarks
The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner of the trademark failed to ratify the action and therefore the plaintiff did not have standing to...
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