Morrison Foerster is a reference in the market for intellectual property disputes and counselling, placing a strong focus on copyright law across traditional and digital media, software, design and brand protection. The group is active in high-stakes cases involving the usage of copyrighted work in AI training data and outputs. The team has a strong presence across the US, led by Brian Nash in Austin, Bita Rahebi in Los Angeles, Timothy Chen Saulsbury in San Francisco and Mark Whitaker in Washington DC. The practice also benefits from the experience of San Francisco-based Joseph Gratz, who stands out for his work advising AI companies such as OpenAI on evaluating and mitigating copyright risks. Gratz also has a proven track record representing clients in copyright infringement disputes involving emerging technologies. In Los Angeles, litigator Benjamin Fox deals with a variety of bet-the-company cases for plaintiffs and defendants in copyright litigation, with particular interest in the electronic entertainment, consumer goods and software industries.
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Joseph C. Gratz | Patent Litigation, Trademark & AI Law | Morrison Foerster

Clients turn to Joe Gratz to handle trailblazing litigation where copyright and trademark law meet new technologies. An experienced litigator, Joe draws on his strong technical background to distill complex issues into simple, accurate concepts for judges, juries, and clients.

Joe’s cases have set key precedents in Internet law, from the Google Books case that laid the groundwork for today’s generative AI innovations to key cases establishing the boundaries of intermediary liability. In addition to representing their interests in the courtroom, Joe helps his clients navigate their thorniest product counseling puzzles to reduce the risk of litigation.

His appellate victory in Long v. Facebook set the standard for platforms in carrying out DMCA removals of user-generated content. And Joe’s win in Stevens v. CoreLogic established limitations on DMCA 1202 claims that have since been adopted by numerous other courts. His amicus brief on behalf of independent booksellers was cited by the Supreme Court in its opinion in Wiley v. Kirtsaeng, and he has submitted amicus briefs in other copyright cases on behalf of Center for Democracy & Technology (in Oracle v. Google) and on behalf of art law professors (in Warhol v. Goldsmith).

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Key clients

  • OpenAI, LLC N
  • Bloom Fresh International Ltd.
  • UpCodes Inc.
  • Credo Technology Group Ltd.
  • Teradata Corp.
  • Lambda, Inc.
  • F5, Inc.
  • Stability AI
  • Learneo Inc.
  • Apple Inc.
  • Amazon.com
  • Native Pet, Inc.