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A recent bankruptcy case from the District of Delaware underscores the need for a trademark licensor to be alert to filings made in its licensee’s bankruptcy case that may require prompt action by the licensor to protect its valuable rights under a license agreement. In re Armstrong Flooring, Inc., Chapter 11 Case No. 22-10426 (MFW) (Bankr. D. Del. July 22, 2022).
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By Dyan Finguerra-DuCharme and Abla Belhachmi
The metaverse, an immersive virtual experience building on the Internet and the physical world, has become a prominent force in branding and marketing for companies struggling to keep up in an ever so globalized economy. Parallel to this digital expansion has been a surge of intellectual property issues.
By Jeffrey W. Gluck
Reissue applications may be quite useful. They may be useful in correcting some type of errors that one would normally think of as “errors” in the strict sense of the word. But they may also be used to correct “errors” in scope of patent protection and may thus be used to increase patent value and should thus be considered as a strategic tool in a patent holder’s toolbox.
By Jeffrey S. Ginsberg and Abhishek Bapna
Federal Circuit Affirms District Court’s Decision That an Artificial Intelligence Software System Cannot Be Listed as an Inventor on a Patent Application
Federal Circuit Affirms District Court’s Partial Award of Attorney’s Fees
By Matthew Siegal
University of Massachusetts v. L’Oréal
Absent an express disclaimer or special definition of how a term is to be interpreted, it can be frustrating to get a court to reject the plain and ordinary meaning of claim language read in a vacuum, based on the subtleties of how a term is used in a patent or its prosecution history.