OSS delivers flexibility, scalability, and speed that few proprietary stacks can match. But the benefits outweigh the risks only if the risks are actively managed. The core lesson is structural. OSS copyright compliance is indispensable but incomplete. Patent exposure can attach even where distribution is lawful and good faith is undisputed, and contributor-based patent grants, even when well drafted, do not eliminate third-party assertion risk.
Federal Circuit: Issue Preclusion Precludes the Board from Reaching the Opposite Conclusion on PatentabilityFederal Circuit: Result-Oriented Claims that Fail to Disclose How the Alleged Goal is Achieve are Unpatentable
Artificial intelligence tools powered by large language models have become valuable resources in the trademark process. Despite incredible progress in natural-language reasoning, AI tools still face fundamental limitations when it comes to performing even basic trademark searches. Here are five important reasons why.
This article discusses the current landscape for trade secrets as they relate to autonomous vehicles, and examines the competing objectives of requiring disclosure of internal information for public safety demands versus vehicle companies protecting their confidential information as trade secrets.
When Duracell filed suit against Energizer alleging that Energizer falsely claimed its “Energizer MAX lasts 10% longer than Duracell Power Boost,” the case seemed like just another round in the long-running rivalry between the Copper Top and the Energizer Bunny. But the lawsuit demonstrates that even the strongest brands in parity categories struggle to remain meaningfully different when the underlying technology is essentially the same.
The United States Court of Appeals for the Ninth Circuit recently acknowledged criticisms of the “total concept and feel” test for substantial similarity in copyright infringement.
Federal Circuit: “Complete Identity of Inventive Entity” Required to Remove Prior Art as Not By “Another” Under Pre-AIA LawFederal Circuit: No Trade Secret Misappropriation By Goodyear nor Correction of Inventorship Warranted Because of Coda’s Failure to Show Specificity, Secrecy, or Evidence of Use
For rights holders, platforms and brands, the Disney-Open AI licensing deal illustrates an emerging blueprint for commercializing iconic IP in AI-native formats while attempting to manage legal, regulatory, and reputational risk.
Based on a review of recent case law, this article identifies three considerations that practitioners should pay attention to in cases involving AI trade secrets.
The opinion in the case that upheld New York's algorithmic pricing disclosure law offers a thorough analysis of the issues surrounding regulation of this kind of technology, and it is worth a closer look as the battle is likely to continue in New York and across the country.
