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The Intellectual Property Strategist
Beyond Language: How Multimodal AI Sees the Bigger Picture
Matthew R. Carey
The possibilities for patenting innovative applications of multimodal models across industries are endless.
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The Intellectual Property Strategist
Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?
Ed Lanquist, Jr. and Dominic Rota
Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.
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The Intellectual Property Strategist
Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship
Stan Soocher
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties’ relationship to determine whether a fiduciary relationship existed.
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The Intellectual Property Strategist
Federal Judge Blasts Patent Trolls
Rob Maier
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.
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The Intellectual Property Strategist
IP News
Jeff Ginsberg and Collin Hong
Federal Circuit: ITC Did Not Err In Finding Violation of Section 337
Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious
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Cybersecurity Law & Strategy
Protecting Technology-Assisted Works and Inventions: Where Does Smart Technology End and AI Begin?
Ed Lanquist, Jr. and Dominic Rota
At what point does a “smart” computing system, or advanced software program, qualify as AI in the eyes of pertinent regulatory or judicial authorities? When is an individual considered to have merely deployed an AI-based computing tool to assist with creating a work of art or conceiving of a technological innovation? Each of these questions is explored in this article, giving consideration to currently prevailing guidelines from administrative bodies and the courts.
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The Intellectual Property Strategist
All the News That’s Fit to Pinch
Jonathan Moskin and Rachel Pauley
The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.
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The Intellectual Property Strategist
Recent Patent Trial and Appeal Board Approaches to Patent Claims on Medical Technology Implementing AI
Jim Soong
Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility, revealing different PTAB approaches and results that can inform prosecution and appeal strategies.
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The Intellectual Property Strategist
Treatment of Antibody Claims In the U.S. After 'Amgen v. Sanofi'
Leanne Rakers and Caley McCarthy
The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court’s May 2023 ruling in Amgen Inc. v. Sanofi, a highly anticipated decision concerning enablement and whether the traditional way to claim antibodies — claiming antibodies by their function — will survive as a valid claiming strategy.
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The Intellectual Property Strategist
Can Artificial Intelligence Patents Overcome §112 Requirements?, Part 2
Mark Liang, Paige Hardy and Grace McFee
Part Two of a Two-Part article
While the last decade has seen a dramatic increase in the number of AI patents, such patents face difficulty in overcoming the patent-eligibility challenges under §101 and Alice. Section 101, however, is not the only hurdles AI patents must overcome. Section 112, with its written description, enablement, and definiteness requirements, presents additional obstacles.
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The Intellectual Property Strategist
How Patent Owners Can Leverage Climate Change Programs In Their IP Strategies
Gregory D. Len and Rachel Sullivan
The USPTO has created or expanded several programs to promote the development of sustainable energy. For patent owners and inventors in the energy sector, these programs can provide a financial and administrative edge for the development and protection of their intellectual property, as well as play a beneficial role their overall IP strategy.
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The Intellectual Property Strategist
IP News
Howard Shire and Justin Tilghman
In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.
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Cybersecurity Law & Strategy
A Scoreboard of Notable Cases In AI and Copyright
Stan Soocher
Artificial intelligence has dominated intellectual property news since the public introduction of OpenAI’s ChatGPT, the generative AI chatbot, in November 2022. Now, 2024 starts off with court decisions and procedural rulings having taken shape in 2023 lawsuits that were filed over the collision of creative content with generative AI programs.
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The Intellectual Property Strategist
Can Artificial Intelligence Patents Survive Alice?
Mark Liang. Paige Hardy and Grace McFee
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.
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The Intellectual Property Strategist
Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel’s
Conor Tucker
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.
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The Intellectual Property Strategist
IP News
Sarah Brand
Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed
Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein
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The Intellectual Property Strategist
The Intellectual Property Strategist Is Going Digital Only. Here’s What You Need to Know.
Steve Salkin
The final print edition of The Intellectual Property Strategist will be our January issue.
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Entertainment Law & Finance
Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs
Stan Soocher
2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.
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The Intellectual Property Strategist
Director Vidal’s Impact On the PTAB: Big Changes and More On the Way
Jennifer Bush
Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.
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The Intellectual Property Strategist
Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially
Nicole D. Galli
In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.
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The Intellectual Property Strategist
Designing the Future: Protecting AR/VR Innovations With Design Patents
By Zachary D. Cleary, Jose J. Jimenez and Taryn A. Elliott
The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.
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The Intellectual Property Strategist
IP News
Howard Shire and Justin Tilghman
Ninth Circuit Upholds Copyright Infringement Dismissal In ‘Jangle Vision Twins’ Case
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The Intellectual Property Strategist
Federal Circuit Imperils Term-Adjusted Patents
Sandip H. Patel
The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).
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Entertainment Law & Finance
How Energy Drink’s “Purple Rain” Trademark Application Was Rejected
Bridget H. Labutta
Despite the fact that the trademark manual of examining procedure (TMEP) are readily available and searchable online, there are still a large number of applications that trademark examiners and judges must reject because the application does not conform to one or more conditions set forth in the Lanham Act or TMEP.
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The Intellectual Property Strategist
Medical Technology: Recent Decisions At the Federal Circuit and the Patent Trial and Appeal Board
James W. Soong
Recent developments at the Federal Circuit and the USPTO may inform evolving patent strategy on medical technology.
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The Intellectual Property Strategist
WEBINAR: AI & Intellectual Property
The Intellectual Property Staff
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
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The Intellectual Property Strategist
IP News
Jeff Ginsberg and George Soussou
Federal Circuit: The Comparison Prior Art Has to be Within the Proper Scope
Federal Circuit: More Than Describing Trial and Error Is Needed for Enablement
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Entertainment Law & Finance
WEBINAR: AI & Intellectual Property
Entertainment Law & Finance Staff
Owners of intellectual property should be aware of how their works are used by generative AI models and the users of these tools, and timely action should be taken to defend intellectual property against infringement. Join LJN for a free webinar on Nov. 9.
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Cybersecurity Law & Strategy
Federal District Court Denies Copyright to Visual Art Piece Generated Solely By Artificial Intelligence
Richard L. Hathaway
In August, the U.S. District Court of the District of Columbia affirmed the U.S. Copyright Office’s denial of a copyright application for a visual piece of art generated entirely by an artificial intelligence-driven computer called the “Creativity Machine.” Recognizing that U.S. “copyright law protects only works of human creation,” the court determined that the Copyright Office “acted properly in denying copyright registration for a work created absent any human involvement.”
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Cybersecurity Law & Strategy
Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Xuechen (Rebecca) Ding and Aseet Patel
Part One of a Two-Part Article
This two-part article sheds light on several important aspects of patents on AI technology. In Part One, we provide a general overview of the IBM v. Zillow lawsuit and discusses strategies to diversify patent portfolios to maximize protection on AI-related technology.
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The Intellectual Property Strategist
The Presumption of Irreparable Harm After the Trademark Modernization Act Of 2020: The Good, the Bad and the Ugly
Christopher P. Bussert
This article explores developments (both positive and negative) in the post-TMA world in which courts have wrestled with implementation of the presumption of irreparable harm in trademark cases.
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The Intellectual Property Strategist
Trade Secret Protection for Consumer-Facing Products
Stephen M. Kramarsky and John Millson
Intellectual property laws, including copyright, patent, trademark and trade secret laws can provide avenues for companies to protect their IP. But it’s not always clear what assets are protectable and what are not.
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The Intellectual Property Strategist
How Far Can You Reach? The Territorial Limits of Lanham Act Infringement and False Designation of Origin Claims
Howard Shire and Sean McConnell
On June 29, 2023, the U.S. Supreme Court set new geographic limits for infringement and false designation of origin claims raised under Sections 1114 and 1125(a) of the Lanham Act. Given the global nature of business today, the decision highlights the need for trademark owners to continually reassess and, perhaps, expand their international trademark registration strategy as product lines and brands become more international in scope.
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The Intellectual Property Strategist
The Power, Perils and Pitfalls of Lookalikes
Steven James and Hattie Chessher
In April 2021, a food fight broke out between two of the UK’s largest supermarkets. Marks and Spencer launched legal action against Aldi over the latter’s alleged copy of its signature “Colin the Caterpillar” cake. This article takes a look at the issues surrounding lookalikes, what the English courts have said about them and what can be done by brand owners to protect against the risks they present.
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The Intellectual Property Strategist
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
Amir Kashani, Xuechen (Rebecca) Ding and Aseet Patel
Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective
Part Two of a Two-Part Article
In Part One of this article we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM’s patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we analyze the claims made in the Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.
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Cybersecurity Law & Strategy
The Impact of the Supreme Court’s Goldsmith Decision on Copyright Enforcement Against AI Tools
Edward D. Lanquist and Dominic Rota
The U.S. Supreme Court’s opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists continue to debate whether the decision opens the door for federal courts to act as “art critics.” Many, however, downplay how the Supreme Court’s decision impacts the ways in which copyright owners may enforce their rights against generative AI tools.
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The Intellectual Property Strategist
IP News
Jeffrey S. Ginsberg and Joyce L. Nadipuram
Federal Circuit Clarifies Motivation to Combine to Achieve the Claimed Invention and Holds IPR Petitioner Must Be Given Opportunity to Reply Where Patent Owner First Proposes Claim Construction In a Response
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The Intellectual Property Strategist
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
Xuechen (Rebecca) Ding and Aseet Patel
Takeaways from 'IBM v. Zillow' from A Patent Drafting Perspective
Part One of a Two-Part Article
This two-part article sheds light on several important aspects of patents on AI technology. In Part One, we provide a general overview of the IBM v. Zillow lawsuit and discuss strategies to diversify patent portfolios to maximize protection on AI-related technology.
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The Intellectual Property Strategist
The Intersection of Generative AI and Copyright Law
Karl Zielaznicki, Victoria D. Summerfield and Eliza Cen
Whether prompted to write a corporate slogan, create music, generate works of art and advertisements, or summarize a book — GAI can do it all. However, its increasing popularity means that users of GAI programs face substantial intellectual property risks — particularly when businesses use GAI for marketing and other public-facing purposes.
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The Intellectual Property Strategist
Trade Secrets Management In Taiwan
Chia-Yun Lu and Jeffrey A. Pade
Recognizing the value of trade secrets, many countries have successively enacted and amended laws to strengthen the protection of corporate trade secrets.
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Cybersecurity Law & Strategy
Who Is Legally Liable for Internet AI Deepfake Content?
Jonathan Bick
Most agree that internet deepfake (deep learning + fake) content is widespread and may be used to manipulate the public, attack personal rights, infringe intellectual property and cause personal data difficulties. However, little agreement exists as to who is legally liable for internet AI deepfake content.
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Entertainment Law & Finance
Supreme Court’s ‘Bad Spaniels’ Decision Didn’t Overturn Rogers, But …
Brad Kutner
In a win for trademark holders, the U.S. Supreme Court offered a narrow ruling in the dispute involving “dog toys and whiskey.”
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The Intellectual Property Strategist
Understanding the Supreme Court Cases that Didn’t Destroy the Internet: 'Gonzalez v. Google' and 'Twitter v. Taamneh'
Erick Franklund
The Internet is still standing, but the Supreme Court’s reasoning in the Gonzalez opinion remains perplexing. Gonzalez and Taamneh are a story about how the Supreme Court “saved” the Internet from itself, and the Court needed both cases to do so.
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The Intellectual Property Strategist
Should Foreign Companies Face Lanham Act Sanctions for Trademark Infringement Occurring Abroad?
Lauren Gregory Leipold
The U.S. Supreme Court is considering whether the federal Lanham Act should be interpreted so broadly that domestic companies can leverage it to bar trademark infringement by — and seek significant damage awards against — foreign entities operating almost entirely overseas.
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The Intellectual Property Strategist
Online Extra: The Other Recent Copyright Infringement Lawsuit Against Ed Sheeran
Stan Soocher
The lion’s share of attention to copyright-infringement claims against Ed Sheeran over his song of the Year “Thinking Out Loud” recently focused on the trial in New York federal court in which a jury found in Sheeran’s favor in the lawsuit brought by the heirs of a co-author of the 1970s soul-song classic “Let’s Get It On.” But in September 2022, a related infringement suit over the same songs’ matching chord progression and harmonic rhythm was allowed to go forward.
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The Intellectual Property Strategist
IP News
Jeff Ginsberg and J. Jay Cho
Federal Circuit Examines the Analogous Art Test
Federal Circuit Affirms PTAB’s Finding of Prior Invention
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Entertainment Law & Finance
The Other Recent Infringement Lawsuit Judgment Over Ed Sheeran’s ‘Thinking Out Loud’
Stan Soocher
The lion’s share of attention to copyright-infringement claims against Ed Sheeran over his 2016 Grammy-winning Song of the Year “Thinking Out Loud” recently focused on the trial in New York federal court. But in September 2022, a related infringement suit over the same songs’ matching chord progression and harmonic rhythm was allowed to proceed.
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Entertainment Law & Finance
Current Landscape of NIL Contracts Under NCAA Policy
Phil Petrina
As we wait to see if Congress does indeed adopt a preemptive federal standard on NIL, the question becomes: What do business owners, interested investors and attorneys need to know prior to signing a college athlete to a NIL contract under the current landscape?
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Entertainment Law & Finance
IP Experts Discuss AI Art Copyright Litigation
Isha Marathe
IP experts weigh in on a case involving AI-created images based on an original work. The outcome of the case may have a significant impact on AI development and generative art.
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The Intellectual Property Strategist
All Is Not Fair In Love and Warhol
Jonathan Moskin
A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this “troublesome” area remains to be seen.
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