Artificial Intelligence (AI)

The Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP RightsArtificial Intelligence in the Modern Workplace: A Multi-Part Series Highlighting Concerns and Implications of Using Artificial Intelligence Within a CompanyFrom Punchlines to Plaintiffs: Meta Platforms and Open AI File Motions to Dismiss Comedian Sarah Silverman’s Copyright Infringement Case

Attorney Fees

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can BiteBoring Down on Unexceptional Arguments for ExceptionalityNot So Exceptional: What Does It Take to Reach the High Bar for Attorney Fees?

Cannabis

Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

Construction

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

Copyright

The Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP RightsCopyright Plaintiffs Prevail: Supreme Court Upholds Broad Damages Under Discovery Rule in Warner Chappell Music v. NealyUnearthing the Truth: How Ambiguity Excavated a Win in False Advertising Claim

Design Patents

Some Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous ArtAttempts to Drive the Obviousness Standard for Design Patents Similar to KSR Failed

Enablement Requirements

More Antibody Claims Falling Under Post-Amgen ScrutinySupreme Court Delivers the Final Blow to AmgenSearching for Claim Support in a Patent Specification? You Better Blaze a Trail

Exceptional Case

Boring Down on Unexceptional Arguments for ExceptionalityNot So Exceptional: What Does It Take to Reach the High Bar for Attorney Fees?

Franchise

When Does a Trademark License Turn into a Franchise?

Fraud

Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

Incontestability

Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

Inequitable Conduct

Make Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Intellectual Property

Congress Tees Up Copyright Protection for Golf Course Designs with the BIRDIE ActIn His Trademark Era: Will Travis Kelce be Successful in Filing a Trademark Application to Protect His Name?What’s in a Name? Too Much to Trademark According to the USPTO

Inventorship

Blue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal CircuitOne Europe, One Patent? New European Unitary Patent Comes into Effect June 1Bacon and a Heavy Burden: Significant Contribution Required To Be a Joint Inventor

IP & Competitive Practices Litigation

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

ITC

Federal Circuit Vaporizes Phillip Morris’s Obviousness Challenge in “a Close One”

Motion to Amend

Recharged and Ready to Go?

Motion to Dismiss

Recharged and Ready to Go?

Name, Image & Likeness

Penalty Flag Thrown: Former Florida Gator Sues to Void Controversial NIL ContractAnother Federal NIL Bill on the Horizon: Analyzing the Draft College Athlete Protection and Compensation ActNIL Tug of War: Evolving State NIL Laws and the Prospects of a Federal NIL Bill

NLRA

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

NLRB

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Noncompete Agreements

Noncompetes Are in the NLRB’s Crosshairs – Can Trade Secret Protections Save Them?

Obviousness

Spring Has Sprung Obviousness Trends from the Federal CircuitFederal Circuit Vaporizes Phillip Morris’s Obviousness Challenge in “a Close One”

Patent

Preliminary Injunction Halts Sales of Tumor-Informed Cancer Screening TestSpring Has Sprung Obviousness Trends from the Federal CircuitMake Sure You Behave and Keep Those Hands Clean: How Deceit and Bad Table Manners Can Bite

Patent Applications

One Europe, One Patent? New European Unitary Patent Comes into Effect June 1Up In Smoke: USPTO Leaves Cannabis-Related Trademark Application in AshesSearching for Claim Support in a Patent Specification? You Better Blaze a Trail

Patent Infringement

Preliminary Injunction Halts Sales of Tumor-Informed Cancer Screening TestA Port in the Infringement Storm: When 35 U.S.C. § 271(e)(1)’s Safe Harbor AppliesBoring Down on Unexceptional Arguments for Exceptionality

Patent Law

The Long Con Otherwise Known as Prosecution Laches

Patent Specification

Searching for Claim Support in a Patent Specification? You Better Blaze a Trail

Patent Trial and Appeal Board (PTAB)

Some Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous ArtAttempts to Drive the Obviousness Standard for Design Patents Similar to KSR Failed

Patents

Spring Has Sprung Obviousness Trends from the Federal CircuitSome Touch Up Needed: The Federal Circuit Partially Confirms the PTAB’s View of Analogous ArtBlue Gentian’s Efforts to Maintain Sole Inventorship Were Hosed by the Federal Circuit

Prosecution

The Long Con Otherwise Known as Prosecution Laches

Sanctions

Still No Cancellation Based on Fraud, But What Next Steps Might the TTAB Take?Cancellation of a Registered Mark Based on Fraud in Section 15 Affidavit Not Allowed

SCOTUS

Trademarking History: Justices Uphold Names Clause, Clash Over ReasoningCopyright Plaintiffs Prevail: Supreme Court Upholds Broad Damages Under Discovery Rule in Warner Chappell Music v. NealyBad News for Bad Spaniels: SCOTUS Sides with Jack Daniel's in Trademark Case

Trade Secret Protection

Collision at the Intersection of Construction and Intellectual Property Law: Are You Protecting Your Firm's Trade Secrets?

Trademark

Trademarking History: Justices Uphold Names Clause, Clash Over ReasoningIn His Trademark Era: Will Travis Kelce be Successful in Filing a Trademark Application to Protect His Name?What’s in a Name? Too Much to Trademark According to the USPTO

TTAB

How Lizzo Helped the USPTO Identify the Source of “100% THAT B---H”

USPTO

Trademarking History: Justices Uphold Names Clause, Clash Over ReasoningHow Lizzo Helped the USPTO Identify the Source of “100% THAT B---H”The Long Con Otherwise Known as Prosecution Laches