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Features

AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer Image

AI Can Facilitate Innovation, But It Can Also Become a Potent Patent Killer

Michael K. Friedland

When is an inventor not an inventor? It's when the inventor isn't human. So, if a non-human inventor can't, in the eyes of patent law, be an inventor, what role can the non-human inventor have in the patent system? The answer is straightforward. Even though it can't create, it can destroy.

Features

Hope for 'Spotify Model' for Licensing Content for AI Image

Hope for 'Spotify Model' for Licensing Content for AI

Mason Lawlor

A "Spotify model" of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.

Features

Patent Your Trade Secrets In Wake of Noncompete Ban Image

Patent Your Trade Secrets In Wake of Noncompete Ban

Daniel E. Rose

While it may be growing more difficult to protect business information with the FTC's noncompete ban, patents can provide strong protection over technical innovations, regardless of whether the inventor stays with the company or leaves.

Columns & Departments

Fresh Filings Image

Fresh Filings

Entertainment Law & Finance Staff

Notable recent court filings in entertainment law.

Features

Plans for New CA State Bar Exam Still In the Works, Despite IP Concerns Image

Plans for New CA State Bar Exam Still In the Works, Despite IP Concerns

Christine Charnosky

The State Bar of California's plans to launch a new state bar exam are still in the works even though Kaplan North America, which had been chosen to develop the exam, recently asked to withdraw from participating, citing intellectual property concerns raised by the National Conference of Bar Examiners.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Zhiqiang Liu

Federal Circuit Sitting en banc Overrules Long-standing Test for Assessing Obviousness of Design Patents and Adopts the Same Framework Established for Utility Patents Federal Circuit Affirms District Court's Grant of §285 Fees Request for Fees Incurred in Litigation and Denial of Fees Request for Fees Incurred In a Parallel IPR Proceeding

Features

LJN Quarterly Update: 2024 Q1 Image

LJN Quarterly Update: 2024 Q1

LJN Editorial Staff

Highlights some of the in-depth analysis and insights from lawyers and other practice area experts from the nine LJN Newsletters titles over the first quarter of 2024.

Features

Trade Secret Protection Plans Provide Certainty to Employers Image

Trade Secret Protection Plans Provide Certainty to Employers

Hannah Elizabeth Jarrells & Edward D. Lanquist

The protection of trade secrets has long been understood to be a legitimate business interest, and, traditionally, companies have used non-competition clauses to protect their trade secrets. Now, with non-competition agreements in doubt and facing greater scrutiny, companies will need to rely on other protection mechanisms.

Features

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness Image

Federal Circuit Overrules 'Rosen-Durling' Test for Design Patent Obviousness

Mikaela Stone

The downfall of the Rosen-Durling test will generally make it harder to obtain design patents and easier to invalidate design patents.

Features

Lessons Learned Through the Patent Trial and Appeal Board's Legal Experience and Advancement Program Image

Lessons Learned Through the Patent Trial and Appeal Board's Legal Experience and Advancement Program

Jean Nguyen

To help prepare practitioners for oral advocacy before the PTAB, the USPTO offers free training on all aspects of conducting arguments before the PTAB, including how to improve oral advocacy, use of demonstratives, effective use of hearing time, decorum, logistics of an oral hearing, and more.

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MOST POPULAR STORIES

  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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