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Features

Early Impact of the CHIPS Act Image

Early Impact of the CHIPS Act

Reid Knabe & Bita Rahebi

This article describes certain key developments in the period from passage of the CHIPS Act through the present day, and provides a brief survey of key grantmaking and investment activity by U.S. government agencies since passage of the Act.

Features

Emerging Legal Terrain: IP Risks from AI's Role In Drug Discovery Image

Emerging Legal Terrain: IP Risks from AI's Role In Drug Discovery

Fredrick Tsang, Antonia Sequeira & Carl Morales

This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.

Features

LLM Customization With A Path to Human Inventorship and Patent Rights Image

LLM Customization With A Path to Human Inventorship and Patent Rights

Jim Soong

A statutory predicate to the contractual outcome regarding ownership of patent rights is the requirement of a sufficient contribution by a natural person in the effort that yielded the output. The issues implicated by this requirement are one development among more to come as patent law and policy try to catch up to proliferating AI technology.

Features

Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World Image

Adidas Stripe Design Battle Reveals Intricacies of Trademarks In the Fashion World

Nicole D. Galli, Laura Talley Geyer & Alexa Elder

Although the bitter legal battle between Adidas and Thom Browne is far from over on either side of the pond, the case illustrates the challenges of ensuring trademark protection for simple and widely employed design elements.

Features

Trademark Trial and Appeal Board's View of Parodies Image

Trademark Trial and Appeal Board's View of Parodies

Susan A. Smith & Doyle S. Tuvesson

While most trademark-related lawyers are familiar with the "Bad Spaniels" and "Chewy Vuitton" federal court decisions on trademark parody, decisions by the USPTO Trademark Trial and Appeal Board on trademark parody marks are rarely examined.

Features

Is It Possible to Reconcile the Two Sides In the AI Copyright Debate? Image

Is It Possible to Reconcile the Two Sides In the AI Copyright Debate?

Maria Dinzeo

The points and counterpoints brought up by experts at a Stanford Law conference provide insight on the future relationship between AI and copyright creators.

Columns & Departments

IP News Image

IP News

Jeffrey S. Ginsberg & Kaiying Wang

Federal Circuit Weighs On the Patentability of Claims to Targeted Advertising Federal Circuit Clarifies the Result-Effective Variable Doctrine

Features

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity Image

Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity

Thomas Kjellberg & Robert W. Clarida

In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.

Features

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness Image

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness

Rob Maier

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

Features

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight Image

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight

David G. Kim & Michael K. Friedland

The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.

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