Features
Jazmyn Ferguson
&
Matt Minder
This article highlights some of the challenges GenAI presents, and recent developments in copyright law and trademark law in this quickly evolving space.
Features
Henry Umney
Businesses are working to navigate AI responsibly, driven by legal compliance and concerns over potential misuse. Mismanaged AI could jeopardize critical systems and erode customer trust, underscoring the need for thoughtful implementation and oversight.
Columns & Departments
Jeff Ginsberg
&
Alexander Ivanovic
Federal Circuit: District Courts May Impose Deterrence Sanctions Even After They Had Already Awarded Attorney Fees and Costs Under 35 U.S.C. §285Federal Circuit: To Properly Claim A Negative Limitation, There Must Be SupportFederal Circuit: The Mere Beginning of a Step In a Claimed System Does Not Satisfy the Limitation
Features
Catherine Nyarady
&
Crystal Parker
In February 2024, the Fourth Circuit addressed a jury’s 2020 damages award of $1 billion finding Cox secondarily liable for its subscribers’ copyright infringement through illegal copying of copyrighted songs. Both Cox and Sony filed petitions for certiorari.
Features
Rob Maier
A subject of extensive debate within the U.S. patent system has been the classification of “patent trolls” — most widely defined as individuals or companies that acquire patents solely for the purpose of assertion, often in cases without any merit, but which leverage the high cost of patent litigation defense to force small settlements.
Features
W. Karl Renner
&
Kristi Sawert
&
Megan Chacon
&
Michael Portnov
President-elect Donald Trump did not make intellectual property (IP) policy a major focus of his 2024 election campaign, but his policy priorities are nearly certain to have a profound effect on the IP landscape when he takes office in January.
Features
Ikenna C. Ejimonyeugwo
This article discusses how a pharmaceutical patent works, its role in drug development, and the polarizing impact it has on global health care.
Features
Stephen M. Kramarsky
An NDA can cover information that would not qualify as a trade secret under state or federal law, and it can provide limited contractual protection to that information. But it is not a “magic talisman” for the protection of intellectual property, and it cannot create trade secret protection where it would not otherwise exist.
Columns & Departments
The Intellectual Property Strategist Staff
A look at the latest developments in intellectual property law.
Features
Emily Bullis
Copyright law has long struggled to keep pace with advances in technology, and the debate around the copyrightability of AI-assisted works is no exception. At issue is the human authorship requirement: the principle that a work must have a human author to be eligible for copyright protection. While the Copyright Office has previously cited this "bedrock requirement of copyright" to reject registrations, recent decisions have focused on the role of human authorship in the context of AI.
