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Patent owners that prevail in an International Trade Commission (ITC) investigation can significantly disrupt the business of the opposing party. On a finding for the patent owner, the ITC issues an exclusion order, preventing the opposing party from importing the infringing products into the United States. But as shown in the recent ITC determination in Certain Audio Players and Controllers (Inv. No. 337-TA-1191), proving non-infringing redesigns can mitigate the disruptive effects of such an exclusion order. This article provides an overview of redesigns at the ITC, a discussion of the ITC’s recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.
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Blockchain Domains: New Developments for Brand Owners
By John McElwaine
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer
By Michael K. Friedland
When is an inventor not an inventor? It’s when the inventor isn’t human. So, if a non-human inventor can’t, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can’t create, it can destroy.
Patent Your Trade Secrets In Wake of Noncompete Ban
By Daniel E. Rose
While it may be growing more difficult to protect business information with the FTC’s noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.
Key Takeaways from the Latest USPTO Guidance on AI
By James DeCarlo
The April Guidance, which supplements prior guidance issued in February, seeks to remind practitioners of existing rules and to educate them on potential risks associated with artificial intelligence tool use, allowing practitioners to mitigate these risks.