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News and expert analysis on IP developments from the courts to the USPTO.
By Ilia Kolochenko | March 28, 2024
In the era of Large Language Models (LLMs), legal professionals face a myriad of mounting concerns relating to the use of Generative AI solutions. Whilst the risks and significance of possible copyright infringement and other IP-related issues remain actively debated, don't underestimate cybersecurity, privacy and data protection risks created or amplified by GenAI.
8 minute read
By Bridget H. Labutta | March 27, 2024
While the USPTO is no longer allowed to be offended by these trademarks, it's not entirely clear how popular these marks and their associated goods and services might be in the marketplace.
6 minute read
By Jeffrey Weinick and Drew Berweger | March 27, 2024
"Where is the line between AI rising to the role of inventor and mere AI assistance for human inventors?" write Jeffrey Weinick and Drew Berweger of CSG Law's patent group.
6 minute read
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
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/