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Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Kaiying Wang

Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising Federal Circuit Clarifies the Result-Effective Variable Doctrine

Features

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity Image

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity

Thomas Kjellberg & Robert W. Clarida

In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.

Features

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness Image

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness

Rob Maier

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

Features

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight Image

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight

David G. Kim & Michael K. Friedland

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.

Features

Intellectual Property In Legal Tech: Lessons from Recent Cases Image

Intellectual Property In Legal Tech: Lessons from Recent Cases

Brian Mack, Kevin Keller & Olga V. Mack

As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.

Columns & Departments

IP News Image

IP News

Justin Tilghman & Howard J. Shire

Appeals Court Backs Nickelback In Copyright Infringement Case

Features

Beyond Language: How Multimodal AI Sees the Bigger Picture Image

Beyond Language: How Multimodal AI Sees the Bigger Picture

Matthew R. Carey

The possibilities for patenting innovative applications of multimodal models across industries are endless.

Features

Protecting Technology-Assisted Works and Inventions: Where Does AI Begin? Image

Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?

Ed Lanquist, Jr. & Dominic Rota

Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.

Features

Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship Image

Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship

Stan Soocher

A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties' relationship to determine whether a fiduciary relationship existed.

Features

Federal Judge Blasts Patent Trolls Image

Federal Judge Blasts Patent Trolls

Rob Maier

A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls" — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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