Topics

Artificial Intelligence (AI)

DC Circuit Affirms Decision That Copyright Statute Requires Some Amount of Human Authorship, Leaves More Difficult Questions for Another DayFair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSSThe Generative AI Copyright Disclosure Act of 2024: Balancing Innovation and IP Rights

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

Cannabis & Trademarks: Protecting Your StashUp In Smoke: USPTO Leaves Cannabis-Related Trademark Application in Ashes

Copyright

Is “Material Contribution” to Another’s Infringement Enough to Establish Liability for Contributory Copyright Infringement?The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching EffectsBeyond Boilerplate: Making IP Warranties Work in Tech Transactions

Design Patents

When Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment CaseSome 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?

Fair Use

Fair Use Falls Short: Judge Bibas Rejects AI Training Data Defense in Thomson Reuters v. ROSS

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

The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching EffectsBeyond Boilerplate: Making IP Warranties Work in Tech TransactionsPatent Basics for Tech Companies: Effectively Protecting Your Tech

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

ITC

Standing Firm After Round One, But Going Nowhere After Round TwoJurisdictional Boundaries of the Federal Circuit in ITC-Related Matters Are LimitedFederal Circuit Vaporizes Phillip Morris’s Obviousness Challenge in “a Close One”

Motion to Amend

Recharged and Ready to Go?

Motion to Dismiss

A Weighty Decision by the Federal Circuit Reverses Patent Ineligibility RulingRecharged 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 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

Beyond Boilerplate: Making IP Warranties Work in Tech TransactionsWhen Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment CasePrevailing Party Status Does Not Necessarily Require a Win on the Merits

Patent Law

Taking Flight on Another’s Wings: Examining the Potential Abandonment of Twitter’s Iconic TrademarksBeyond Boilerplate: Making IP Warranties Work in Tech TransactionsWhen Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment Case

Patent Specification

When Courts Can Fix Patent Claim Errors: Federal Circuit Reverses Indefiniteness Ruling in Oil and Gas Equipment CaseThe Federal Circuit Calls for a Replay Allowing Sonos Another Opportunity at GoogleA Weighty Decision by the Federal Circuit Reverses Patent Ineligibility Ruling

Patent Trial and Appeal Board (PTAB)

Standing Firm After Round One, But Going Nowhere After Round TwoSome 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

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

Is “Material Contribution” to Another’s Infringement Enough to Establish Liability for Contributory Copyright Infringement?The Supreme Court’s Decision on Indirect Internet Copyright Liability Could Have Far-Reaching EffectsTrademarking History: Justices Uphold Names Clause, Clash Over Reasoning

Trademark

Taking Flight on Another’s Wings: Examining the Potential Abandonment of Twitter’s Iconic TrademarksConsistency is Key with DuPont FactorsSecuring Your Tech Brand: Smart Trademark Strategies for Startups and Beyond

TTAB

Consistency is Key with DuPont FactorsEarmuffs, Kids: The Federal Circuit Delivers the F-bomb Right Back to the TTABFederal Circuit Reverses Trademark Board: The KIST vs. SUNKIST Confusion

USPTO

Taking Flight on Another’s Wings: Examining the Potential Abandonment of Twitter’s Iconic TrademarksSecuring Your Tech Brand: Smart Trademark Strategies for Startups and BeyondTrademarking History: Justices Uphold Names Clause, Clash Over Reasoning