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News and expert analysis on IP developments from the courts to the USPTO.
By Rob Maier | March 26, 2024
The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.
8 minute read
By Ross Todd | March 26, 2024
Ching-Lee Fukuda and Aimee Fagan, who both joined Sidley's IP litigation team as laterals, discuss what brought them to the firm and their approach to leading the practice.
10 minute read
By Derrick Carman | March 22, 2024
The recent case of 'In re Cellect' serves as a warning to patent owners who rely too heavily on the USPTO to completely and accurately examine their patent applications. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
7 minute read
By Ian G. DiBernardo and Brandi Howard | March 22, 2024
Whether a provider or a consumer of data and AI services, companies must think through intellectual property and related contractual risks—both retrospectively, in terms of legacy customer agreements and prospectively, in terms of reworking them.
8 minute read
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi | March 22, 2024
This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
8 minute read
By Barry Werbin | March 22, 2024
Creators using generative AI without meaningful human contributions should presume that the resulting content will not be protected by copyright, apart from potential compilation protection. The prospect of Congress legislating in this area in the near- to mid-term future is low.
8 minute read
By Maria Dinzeo | March 22, 2024
"The thing with AI is it is such an evolving industry. There are no AI experts, and even those who call themselves experts aren't experts yet," said Anna Gorodetsky, a managing director on Major, Lindsey & Africa's in-house recruiting team.
6 minute read
By Stephen M. Kramarsky and John Millson | March 18, 2024
A recent case out of the Southern District of New York involved the application of the Video Privacy Protection Act to a novel category of visual art and a method of data collection that would have been science fiction to the statute's drafters. Judge Swain's careful analysis of these issues is worth a look.
11 minute read
By Chris O'Malley | March 15, 2024
Dr. Suess Enterprises gave a promotion to five-year employee Nicole Gates, the company's first in-house attorney, and brought on Michael Lancaster as corporate counsel.
2 minute read
By Thomas Kjellberg and Robert W. Clarida | March 14, 2024
In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
11 minute read
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