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Columns & Departments

IP News Image

IP News

Jeffrey Ginsberg & Shelli Gimelstein

Federal Circuit: “Complete Identity of Inventive Entity” Required to Remove Prior Art as Not By “Another” Under Pre-AIA LawFederal Circuit: No Trade Secret Misappropriation By Goodyear nor Correction of Inventorship Warranted Because of Coda’s Failure to Show Specificity, Secrecy, or Evidence of Use

Features

Disney-OpenAI’s Sora Deal Signals for IP, Licensing and Responsible AI Image

Disney-OpenAI’s Sora Deal Signals for IP, Licensing and Responsible AI

Reber “Mitch” Boult & Joshua Rojas

For rights holders, platforms and brands, the Disney-Open AI licensing deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.

Features

Protecting AI As a Trade Secret Can Create a ‘Goldilocks’ Problem Image

Protecting AI As a Trade Secret Can Create a ‘Goldilocks’ Problem

David Baake

Based on a review of recent case law, this article identifies three considerations that practitioners should pay attention to in cases involving AI trade secrets.

Features

New York Algorithmic Pricing Disclosure Act Examined for Effect On Commercial Speech Image

New York Algorithmic Pricing Disclosure Act Examined for Effect On Commercial Speech

Stephen M. Kramarsky

The opinion in the case that upheld New York's algorithmic pricing disclosure law offers a thorough analysis of the issues surrounding regulation of this kind of technology, and it is worth a closer look as the battle is likely to continue in New York and across the country.

Features

Federal Circuit Reasserts Limits On USPTO Authority In 'KAHWA' Ruling Image

Federal Circuit Reasserts Limits On USPTO Authority In 'KAHWA' Ruling

Andriy Lytvyn

The decision reasserts important limits on the USPTO’s authority, particularly its reliance on unverified foreign-language translations, hypothetical assumptions about what businesses “might” offer in the future, and tenuous connections between a word and a service category.

Columns & Departments

IP News Image

IP News

Howard Shire & Di’Vennci Lucas

Coloring In the Lines of the TTAB: Medisafe’s Dark Green Gamble

Features

The Complexities of the TAKE IT DOWN Act Image

The Complexities of the TAKE IT DOWN Act

Johnathan Bridbord

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.

Features

Generative AI Is Not an Extinction-Level Event for Patent Prosecutors, It’s a Force Multiplier Image

Generative AI Is Not an Extinction-Level Event for Patent Prosecutors, It’s a Force Multiplier

Bryan McWhorter

Generative AI is not an extinction-level event for patent prosecutors. It’s a force multiplier — an amplifier of legal analysis, not a replacement for it. If anything, it will allow practitioners to spend more time doing what clients value the most.

Features

‘Secret Sales’ of Invention Can Destroy Novelty Requirement Image

‘Secret Sales’ of Invention Can Destroy Novelty Requirement

Travis W. Bliss

Can a sale that does not actually expose the to-be-patented invention to the public destroy the novelty of that invention? The answer to this question, which is often somewhat surprising to inventors and business owners, is “yes” — there are certain circumstances in which even a nonpublic, secret sale can trigger the novelty bar.

Features

Generative AI and E-Discovery In Patent Litigation Image

Generative AI and E-Discovery In Patent Litigation

James R. Tyminski & Taskeen Aman

As electronic discovery continues to evolve, pharmaceutical and technology companies — particularly those navigating the complexities of patent litigation — face a rapidly changing technological landscape that is increasingly influenced by AI tools.

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