Features
NFTs and Virtual Patent Marking
Patent marking is an important step in the patent lifecycle as it is generally required to seek damages from infringers prior to the date the suit is filed. While virtual marking has somewhat reduced the overhead of marking, it suffers from the same problems all Internet-based evidence runs into in court: websites are ephemeral and have intermittent accessibility, as well as poor public logging of when information existed where, and for how long. NFTs on a digital blockchain could potentially overcome these hurdles, while still providing the benefits of virtual marking via websites.
Columns & Departments
IP News
Pair of Federal Circuit Decisions Address Standing to Appeal Adverse IPR Decision
Features
Recent Rulings on 'Embedding' Foreshadow Circuit Split: What Does That Mean For Content Use Now?
When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.
Features
UPDATE: The Supreme Court 'Arthrex's' Decision In Action
Although several direct appeals for PTAB review or rehearing were made by parties who had received adverse outcomes at PTAB hearings after the Arthrex decision, on November 3, the first rehearing was granted by the PTO acting director.
Features
Influence of Lost Profits Damages In Patent Cases
In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law.
Columns & Departments
IP News
District Court: Exceptionality Found and Attorney Fees Awarded When Patent Owner Pursued Litigation With a Fraudulently Obtained Patent
Features
Trademarks Making Advertising Claims Create Sticky Situations
The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors' trademarks.
Features
Creative vs. Corporate: Patent Infringement Awards Respawn the Debate over Patenting Video Games
Patents can provide the broadest and strongest form of protection in the video game field. They can protect the methods and processes performed by the game software, and they can protect the hardware components of the game system, both in function and aesthetic design.
Features
Defamation Investigations: A Big Leap in Fighting Back
Internet tools are becoming more sophisticated in measuring the impact of online disparaging and defamatory statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.
Columns & Departments
IP News
Federal Circuit: Case Belongs In the Northern District of California, Not Western District of Texas Federal Circuit: Arbitration Clause Did Not Prevent Institution of IPR Petitions
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