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The Intellectual Property Strategist

Features

Copyrights Battles and the Downfall of EU AI Act Image

Copyrights Battles and the Downfall of EU AI Act

Ilia Kolochenko

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 Image

Insights from Acting Director Stewart’s Decisions on Discretionary Denial under the New Interim Processes for PTAB Workload Management

Lea Speed & Dominic Rota

Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR)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 Image

Successful and Enforceable Brands Connect with the Consumer: Lessons from a Recent 10th Circuit Decision

Aaron Bradford & Allen Adamson

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 Image

Recent Decisions from CA and NY On AI Training and Copyright

Stephen M. Kramarsky

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 Image

OpenAI Gets Summary Judgment In Trademark Battle With Open Artificial Intelligence

Michelle Morgante

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 Image

IP News

Howard Shire & Di’Vennci K. Lucas

“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit

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