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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. In Abitron Austria GmbH v. Hetronic International, Inc., No. 21-1043, the Court held these Lanham Act claims do not extend extraterritorially, and only apply where the infringing use in commerce is domestic. 216 L. Ed. 2d 1013; 2023 U.S.P.Q.2d 760 (2023). The decision vacates a $95 million dollar damages award that was premised on infringing conduct that occurred primarily outside the United States.
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The Power, Perils and Pitfalls of Lookalikes
By 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.
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
By 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.
By 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
A Diverse Patent Portfolio Better Protects Artificial Intelligence Inventions
By 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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