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News and expert analysis on IP developments from the courts to the USPTO.
By Thomas Spigolon | January 25, 2024
Most of the firm's middle-market private equity clients find the firm's rate structure, including "a fixed-fee basis and lower overall transaction cost, to be a better fit with their cost structure," Kilpatrick Townsends Ben Barkley.
5 minute read
By Hugo Guzman | January 25, 2024
At issue is who owns the rights to projects that employees develop on their own time without the use of their company's resources.
3 minute read
By Alex Anteau | January 24, 2024
If user inputs are used to train models such as ChatGPT, can lawyers input their clients confidential information when generating motions, briefs or patent applications? How does scraped data used to train AI co-exist with the right to be forgotten? And when it comes to filing patents and copyrights for works produced by AI, who owns it?
4 minute read
By Charles F. Wieland III and Sean M. Douglass | January 24, 2024
AI has been used in a number of ways to contribute to the development of an invention and such AI inventions can be categorized as follows: inventions that embody an advance in the field of AI itself; inventions that apply AI; and inventions produced by AI itself.
8 minute read
By Abigail Adcox | January 24, 2024
Arnold & Porter, Crowell & Moring, McCarter & English, and Miles & Stockbridge also picked up D.C. partners in their key practices this past week.
3 minute read
By Alex Anteau | January 23, 2024
"Finally someone is holding [the plaintiffs'] feet to the fire," said Cory Jay Rosenbaum of Long Island law firm Rosenbaum Famularo & Segall.
7 minute read
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
8 minute read
By Conor Tucker | January 19, 2024
Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
10 minute read
By Mark Liang. Paige Hardy and Grace McFee | January 16, 2024
Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.
18 minute read
By Stephen M. Kramarsky | January 12, 2024
In his Intellectual Property column, Stephen M. Kramarsky discusses the 'Shake Shack Enterprises v. Brand Design Company' case, which offers insight into the limits courts will impose on companies that try to overextend their intellectual property rights.
11 minute read
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