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.
- April 01, 2024Thomas Kjellberg and Robert W. Clarida
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.
April 01, 2024Rob MaierThe 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.
April 01, 2024David G. Kim and Michael K. FriedlandAs 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.
April 01, 2024Brian Mack, Kevin Keller and Olga V. MackAppeals Court Backs Nickelback In Copyright Infringement Case
April 01, 2024Justin Tilghman and Howard J. ShireThe possibilities for patenting innovative applications of multimodal models across industries are endless.
March 01, 2024Matthew R. CareyJust 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.
March 01, 2024Ed Lanquist, Jr. and Dominic RotaA 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.
March 01, 2024Stan SoocherA 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.
March 01, 2024Rob MaierFederal Circuit: ITC Did Not Err In Finding Violation of Section 337 Federal Circuit: PTAB Did Not Err In Claim Construction and Finding Certain Claims Obvious
March 01, 2024Jeff Ginsberg and Collin Hong









