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The Intellectual Property Strategist

December 2025
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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.

Features

UMG’s Settlement With AI Music Platform May Prove Precedential In Copyright Cases Image

UMG’s Settlement With AI Music Platform May Prove Precedential In Copyright Cases

Kat Black

The world’s largest music label, Universal Music Group, has announced it reached a settlement with artificial intelligence music platform Udio in a copyright infringement suit — a decision that attorneys specializing in AI, intellectual property and entertainment law say may prove precedential down the line as artists in both the entertainment and publishing industries continue to navigate the question of fair use in pending litigation against AI firms.

Columns & Departments

IP News Image

IP News

Howard Shire & Di’Vennci Lucas

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

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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  • In the Spotlight
    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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