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Features

How Patent Owners Can Leverage Climate Change Programs In Their IP Strategies Image

How Patent Owners Can Leverage Climate Change Programs In Their IP Strategies

Gregory D. Len & Rachel Sullivan

The USPTO has created or expanded several programs to promote the development of sustainable energy. For patent owners and inventors in the energy sector, these programs can provide a financial and administrative edge for the development and protection of their intellectual property, as well as play a beneficial role their overall IP strategy.

Columns & Departments

IP News Image

IP News

Howard Shire & Justin Tilghman

In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.

Features

A Scoreboard of Notable Cases In AI and Copyright Image

A Scoreboard of Notable Cases In AI and Copyright

Stan Soocher

Artificial intelligence has dominated intellectual property news since the public introduction of OpenAI's ChatGPT, the generative AI chatbot, in November 2022. Now, 2024 starts off with court decisions and procedural rulings having taken shape in 2023 lawsuits that were filed over the collision of creative content with generative AI programs.

Features

Can Artificial Intelligence Patents Survive Alice? Image

Can Artificial Intelligence Patents Survive Alice?

Mark Liang. Paige Hardy & Grace McFee

Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.

Features

Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's Image

Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's

Conor Tucker

Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.

Columns & Departments

IP News Image

IP News

Sarah Brand

Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein

Features

The Intellectual Property Strategist Is Going Digital Only. Here's What You Need to Know. Image

The Intellectual Property Strategist Is Going Digital Only. Here's What You Need to Know.

Steve Salkin

The final print edition of The Intellectual Property Strategist will be our January issue.

Features

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs Image

Keeping Track of Developments in Cases That Pit Creative Content Against AI Programs

Stan Soocher

2024 starts off with court decisions and procedural rulings that took shape in 2023 in lawsuits that were filed over the collision of creative content with generative AI programs. Most of the complaints allege copyright infringement and related claims prompted by the unlicensed copyright works that AI companies input into their AI programs.

Features

Director Vidal's Impact On the PTAB: Big Changes and More On the Way Image

Director Vidal's Impact On the PTAB: Big Changes and More On the Way

Jennifer Bush

Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.

Features

Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially Image

Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially

Nicole D. Galli

In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.

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    This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
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    The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.
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