Features
Copyrights Battles and the Downfall of EU AI Act
While the EU AI Act certainly deserves compliments for both its pioneering nature and numerous thoughtful provisions aimed at the efficient and effective regulation of modern AI, it is not without its drawbacks.
Features
Insights from Acting Director Stewart’s Decisions on Discretionary Denial under the New Interim Processes for PTAB Workload Management
Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR) when parallel litigation is already pending in federal district court or the U.S. International Trade Commission (ITC). Acting Director Stewart replaced those guidelines with new interim processes that rely on the Director to issue decisions on patent owners’ requests for discretionary denials.
Features
Successful and Enforceable Brands Connect with the Consumer: Lessons from a Recent 10th Circuit Decision
Protectable rights are created the same way a successful brand is established — linking your Mark and your company’s offering in the minds of the consumer is a must. The good news? Regardless of your company’s size or marketing budget, this necessary connection can be achieved.
Features
Recent Decisions from CA and NY On AI Training and Copyright
In late July, two important decisions came down from courts in the Northern District of California regarding the unauthorized use of copyrighted material for the training of large language models. No real consensus has emerged as to the effect they will have on the broader AI litigation landscape.
Features
OpenAI Gets Summary Judgment In Trademark Battle With Open Artificial Intelligence
A trademark battle that pitted technology giant OpenAI against a company known as Open AI (note the space between the terms) has resulted in a summary judgment that has ordered the smaller enterprise to cease use of the name and its prized internet real estate, open.ai.
Columns & Departments
IP News
“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Using Staff Counsel to Defend InsuredsThe Texas Supreme Court recently declared that insurance companies do not commit the unauthorized practice of law when they use lawyers they employ to provide a defense to their insureds.Read More ›
- The Power of Your Inner Circle: Turning Friends and Social Contacts Into Business AlliesPractical strategies to explore doing business with friends and social contacts in a way that respects relationships and maximizes opportunities.Read More ›
- The Federal Circuit Clarifies Who Can Be an Expert In Patent CasesIn September 2024, the Federal Circuit clarified the necessary qualifications for a technical expert to testify in a patent lawsuit, holding that while an expert must possess ordinary skill in the art, they need not have possessed such skill "at the time of the alleged invention."Read More ›
- Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About ItWhy is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?Read More ›
