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Supreme Court Rules States Cannot Be Involuntarily Liable for Copyright Infringement
By Shaleen J. Patel
The U.S. Supreme Court has ruled that individual states are free to commit copyright infringement. The Court held that Congress attempted to abrogate states’ sovereign immunity in an unconstitutional manner when enacting the Copyright Remedy Clarification Act of 1990 (CRCA).
Practical Tips for Securing Patent Rights for AI-Generated Inventions
By Gunjan Agarwal
While AI is rising as a key commercial player at the global scale with an expected market size of almost $400 billion by 2025, are patent laws around the world equipped to incentivize this revolution?
Avoiding Trade Secret Losses During Corporate Collaboration
By Felix Eyzaguirre and Katherine D. Prescott
Effective corporate collaborations — whether close customer relationships, supplier partnerships or formal joint ventures — demand that sensitive information be shared. Without proper agreements and well-defined boundaries, however, those corporate collaborations can lead to loss of trade secret protection and entangle the parties in litigation.
Attorney’s Fees After Octane: More Chances for Defendants to Even the Playing Field
By Rudy Y. Kim
With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney’s fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney’s fees may be available under Section 285.
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