Features
Scott Cummings
In the latest action part of a recent whirlwind of PTAB policy and procedural change around the use of so-called “discretionary denial” to refuse to a challenge to the validity of a granted patent, the Acting Director of the USPTO has issued a memorandum creating a new “bifurcated” pretrial procedure to be used for deciding whether or not to proceed with a trial in response to a petition for inter partes review or post grant review of a granted patent.
Features
James A. Wolff
As artificial intelligence continues to drive innovation at an unprecedented pace, it has also become a battleground for litigation, particularly concerning intellectual property misappropriation, data scraping and model transparency.
Features
Benjamin Joyner
A Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.
Features
Robert Hulse
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Stuart Meyer
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Tyler Newby
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Fredrick Tsang
Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding IP. Existing countermeasures have primarily focused on technical solutions. This article will examine the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.
Features
John “Jack” Griem
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Robert Lands
How the courts in the U.S. and the UK are addressing the key copyright infringement issues as they relate to generative AI models and output, and highlights the differences, particularly in the area of “fair use”/”fair dealing” and statutory provisions unique to each country.
Features
Nicole D. Galli
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Laura Talley Geyer
In a recent case, although finding no standing in the case in front of it, a federal court noted that it was, however, possible that a nonuser could demonstrate entitlement to cancel or oppose by establishing either lost sales in the United States or reputational injury in the United States under the Lanham Act.
Features
Catherine Nyarady
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Crystal Parker
The Second Circuit’s decision may have significant downstream implications for other digital lending services, making it more difficult to operate absent licensing agreements with copyright holders of the various works they seek to distribute. With Internet Archive deciding against petitioning the Supreme Court, we may well see similar litigation pop up in other jurisdictions outside the Second Circuit until the issue is more widely settled.
Features
Nate Garhart
At the end of the day, demand letters form an important part of a company's trademark enforcement strategy. But they must be just that — a part of a fully developed reasoned strategy rather than a knee-jerk reaction to perceived infringement. And that strategy will require some investigation and research to help ensure success.
Columns & Departments
Jeff Ginsberg
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George Soussou
Federal Circuit: PTAB Jurisdiction Exists Over Expired PatentsFederal Circuit: No Estoppel on Unadjudicated Claims
Features
Steve Lash
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
