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New Jersey Law Journal

Harnessing Generative AI-Assisted Innovation: Comprehensive IP Protection Through Trade Secrets and Patents

"In some instances, a dual strategy that leverages both patents and trade secrets for protecting a Gen AI innovation can be highly effective," write Barry J. Schindler, Lennie A. Bersh and Laurin Buettner.
8 minute read

Law.com

Boston IP Firm Avoids Time-Barred Legal-Malpractice Suit From Tech Company

"Based on the numerous representations made to BlueRadios of the facts underlying the basis of the claims and well as the ability for them to independently discover any alleged issues with the patents as they were publicly visible, BlueRadios was on notice of their claims as of 2009 at the latest as no reasonable jury could find that BlueRadios acted with the requisite level of diligence in discovering the purported inconsistencies in ownership and inventorship underlying the basis for their claims," wrote U.S. District Judge Denise J. Casper of the District of Massachusetts.
5 minute read

Law.com

Brooks Sports Asks Federal Court to Weigh in on Patent Dispute With PUMA

"Brooks is a leader in developing new technologies for running shoes and apparel. Brooks has maintained the largest market share in adult performance running footwear for 10 consecutive quarters in the U.S. national retail market, whereas Puma is a newcomer to the performance running market," said Barbara Barrilleaux, vice president of general counsel at Brooks Running. "Brooks will continue to take the actions necessary to defend itself and its innovative products against Puma's unfounded allegations."
4 minute read

New York Law Journal

Rise of the Reexam: Surging Ex Parte Reexamination Filings Expected to Increase by 40%

"From 2017 through 2023, IPR filings have been trending downwards, with 86 fewer petitions filed each year on average over that period," writes Rob Maier.
9 minute read

Delaware Business Court Insider

Ouraring Claims Competitor RingConn Infringed on Wearable Tech Patents

This suit was surfaced by Law.com Radar, ALM's source for immediate alerting on just-filed cases in state and federal courts. Law.com Radar now offers state court coverage nationwide. Sign up today and be first to know about new suits in your region, practice area or client sector.
3 minute read

Law.com

Federal Circuit Decision Clarifies Obviousness-Type Double Patenting and Patent Term Adjustments In 'Allergan v. MSN Laboratories'

On August 13, the Federal Circuit issued a precedential ruling that reversed the District of Delaware's application of the Federal Circuit precedent in In re: Cellect to invalidate a claim in an earlier-filed parent application over admittedly patentably indistinct claims in later-filed (and earlier-expired) child patents. This decision has resolved some substantial questions about the application of obviousness-type double patenting that had been raised by last year's In re Cellect decision.
7 minute read

The Legal Intelligencer

(M)ost (E)ffective (T)actics (A)vailable: Trademark Protection in the Metaverse

With formerly brick-and-mortar businesses entering the metaverse, how can businesses protect their intellectual property—particularly the goodwill in their brands—in a transient world where goods and services are intangible?
10 minute read

Law.com

SharkNinja Seeks Declaratory Judgment Against Dyson's Vacuum Cleaners Patent Infringement Allegations

Attorneys with Wilmer Cutler Pickering Hale and Dorr and Gibson, Dunn & Crutcher recently filed a patent infringement lawsuit in a Massachusetts federal court on behalf of SharkNinja, which seeks a declaration of noninfringement for five vacuum cleaner patents against industry competitor Dyson.
3 minute read

Texas Lawyer

How 'In re Cellect' and a Proposed Rule Could Affect Double Patenting

"'In re Cellect' and the USPTO's proposed rule have the potential to fundamentally affect patent practice, particularly in the realm of terminal disclaimers filed to overcome ODP rejections," write DLA Piper's Jennifer Nall and Henry Fildes.
9 minute read

Legaltech News

Kili Technology Rebrands Gen AI Patent Tool to DeepIP, Announces General Availability

For Kili Technology, changing the name of their patent tool from davinci to DeepIP mainly came down to positioning it to eventually cover more IP use cases. But a recent lawsuit also accelerated their decision.
3 minute read

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