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Columns & Departments

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IP News

Jeff Ginsberg and Zhiqiang Liu

Federal Circuit Affirms Precedential Opinion Panel Decision Limiting the Circumstances In Which the Board Should Raise Sua Sponte Patentability Issues Against Proposed Substitute Claims Federal Circuit Rejects District Court's Claim Construction As Being Too Narrow Federal Circuit Rejects District Court's Claim Construction Because It Is Not Supported by the Intrinsic Evidence, and Leaves Dependent Claims Without Scope

Features

Attorneys Forecast Legal Challenges In NFTs Image

Attorneys Forecast Legal Challenges In NFTs

Cedra Mayfield

As nonfungible tokens, or NFTs, continue to grow in popularity through cryptocurrency purchase, sale and trade online, opportunities for entertainment attorneys in the emerging industry also are booming. For this article, attorneys shared how they're grabbing hold of NFT-related work and the challenges they foresee.

Features

How NCAA Athletes and Brands Can Avoid Big Mistakes In NIL Influencer Agreements Image

How NCAA Athletes and Brands Can Avoid Big Mistakes In NIL Influencer Agreements

Nicole Demas, L. Andrew Tseng & Sean P. McConnell

The biggest event of the year in college sports just concluded as national champions were crowned in men's and women's basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. With the FTC Commissioner taking a closer look at the use of influencers for marketing, student athletes and brands should take care when entering into the influencer marketing arena.

Features

Ninth Circuit Issues Decision on Trade Secret Injunctive Relief Image

Ninth Circuit Issues Decision on Trade Secret Injunctive Relief

John Lanham & Nishi Tavernier

Earlier this year, the Ninth Circuit issued a decision affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.

Features

Comic Legends' Estates Say Pandora Streamed Routines Without License Image

Comic Legends' Estates Say Pandora Streamed Routines Without License

Thomas Kjellberg & Robert W. Clarida

In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions" — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.

Columns & Departments

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IP News

Howard Shire & Stephanie Remy

Federal Circuit: District Court Abused Discretion By Attributing Inconsistent Position to Plaintiff

Features

Brands In the Metaverse: Opportunities, Risks and Strategies Image

Brands In the Metaverse: Opportunities, Risks and Strategies

Brandon Leahy and Chloe Delehanty 

While it is still unknown how the metaverse will take shape, lawyers advising brands should familiarize themselves with the opportunities it presents, the risks involved, and strategies to consider for enhancing and protecting a client's brand.

Features

Litigating Redesigns At the ITC Image

Litigating Redesigns At the ITC

Frank Liu, Dustin Ferzacca & Gwen Tawresey

An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.

Features

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps Image

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps

Anna Remis

Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI models. Companies may be well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Ryan J. Sheehan

Federal Circuit: Applicant Admitted Prior Art Cannot Provide a "Basis" for a Ground of Unpatentability in an IPR, But Can be Cited for Other Purposes Federal Circuit: After SAS, IPR Estoppel Extends to Prior-Art Grounds That Reasonably Could Have Been Raised in the Petition

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