The TAKE IT DOWN Act is the first federal legislation to address both unadulterated non-consensual intimate imagery and digital forgeries, marking a significant milestone in U.S. content regulation.
December 01, 2025Johnathan Bridbord
The patent world is at a moment of change. A tremendous amount of thought, financial investment, and political capital is being devoted to transforming patents into assets that are central to the economy, international trade, and national defense. The incentives for obtaining and aggressively monetizing patents are increasing. In contrast, defending a patent litigation is becoming more difficult and the stakes are higher. Companies that take steps now to navigate these changes may be rewarded with significant competitive advantages.
November 01, 2025Manny CaixeiroThis two-part article discusses the proof required for information to be considered a trade secret under U.S. statutory law, and includes detailed insight into the six-factor test outlined in the Restatement of Torts. Part One includes the evolving tests for determining a trade secret.
May 01, 2025Richard RothmanThe D.C. Circuit affirmed that AI cannot be the sole author on a copyright-registered work, but left questions about the future of AI authorship in copyright for Congress to resolve.
April 01, 2025Paulluvi HenleyProtection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding IP. Existing countermeasures have primarily focused on technical solutions. This article will examine the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.
March 01, 2025Robert Hulse and Stuart Meyer and Tyler Newby and Fredrick TsangThe Patent Eligibility Restoration Act (PERA) proposes a solution to a complex debate: What can be patented, and when do nature and thoughts become property? This article provides an overview of the PERA bill, examines the current issues with Section 101 of the Patent Act, the specific proposals of PERA, and the existing pros and cons of the bill.
February 01, 2025Elisabeth TidwellThis article highlights some of the challenges GenAI presents, and recent developments in copyright law and trademark law in this quickly evolving space.
January 01, 2025Jazmyn Ferguson and Matt MinderIn a recent decision, the U.S. Court of Appeals for the Ninth Circuit addressed the issue of whether purchasing market competitors’ search engine keyword terms, known as “conquesting,” constitutes trademark infringement.
December 01, 2024Howard Shire and Di’Vennci K. LucasThe International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
November 01, 2024Daniel Muino | Charles ProvineAlthough pursuit of an appeal to the Federal Circuit may under some circumstances prove to be quicker and less expensive, appeals to district courts are becoming increasingly attractive given recent changes in the law and USPTO practice in defending these actions.
October 01, 2024Christopher P. Bussert and Jonathan E. Moskin
