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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
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
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
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
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
Coloring In the Lines of the TTAB: Medisafe’s Dark Green Gamble
Features
The Complexities of the TAKE IT DOWN Act
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
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
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
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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