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Columns & Departments
Federal Circuit Affirms the Board's Finding of Anticipation Because Prior Art Patent and References Incorporated Therein Inherently Meet the Disputed Claim Limitations Federal Circuit Affirms a Finding of Infringement Because the District Court Correctly Construed "a" and "said" and Rejects Anticipation Argument on Waiver Grounds Federal Circuit Vacates Judgment of Non-Infringement Because the Underlying Stipulation Failed to Provide Sufficient Detail for the Court to Resolve Certain Claim Construction Issues
Features
Part One of a Two-Part Article Corporate legal departments are increasingly receiving requests from business clients to use ChatGPT or similar AI-powered tools in their operations. These requests can be urgent, with business clients demanding enablement from legal. This article is in two parts: Part One briefly details what "generative AI" tools like ChatGPT are and provides an overview of key legal and IP considerations, including by looking forward to upcoming AI-specific legislation in the EU and the U.S.
Features
The United States Copyright Office recently issued a letter ruling on the copyrightability of Kristina Kashtanova's comic book-like work, Zarya of the Dawn. The Kashtanova ruling indicates that the Copyright Office's determination of copyrightability of works involving use of AI will rely on whether the author is able to control and foresee with some measure of predictability the output of the authorial process
Features
Companies involved in 3D printing must be cognizant of the patent rights obtained by their competitors in this space and must be proactive in identifying and securing their own patent rights to effectively compete in this continually developing field.
Columns & Departments
Proving Damages for Trademark Infringement In the Eleventh Circuit
Features
Even with legal assumptions that certain intellectual property rights in works created by employees are owned by the employer, these should not be relied upon exclusively. A well-drafted employee-agreement form is increasingly essential in light of the explosive growth of remote and flexible work arrangements.
Features
Perhaps no other area in the technology sector — save perhaps the recent explosion of generative AI models — has raised as many thorny intellectual property issues as the proliferation of Non-Fungible Tokens, or NFTs. Leading the charge have been cases addressing whether NFT makers who utilize other parties' trademarks can turn to the First Amendment as a defense to trademark infringement.
Features
Efforts to diversify the inventive population will not only foster innovation across a wide range of businesses and industries but will also help greatly expand the pool of inventors across racial, gender and ethnic categories, and the country as a whole will realize numerous benefits.
Features
Part One of a Two Part Article A look at the most important music rate and royalty areas, both past, present and future and how and by whom they are set or determined as well as the effect that legislation, litigation, the Copyright Royalty Board and the Department of Justice have had on the process.
Columns & Departments
Federal Circuit: Prosecution Laches Applies to Patent Claiming 1987 Priority Date Federal Circuit: Appellate Court Lacks Jurisdiction Over Interlocutory Appeal of Protective Order Dispute