In categories where products are difficult to differentiate on performance, and that describes most of the AI industry today, customers do not choose on features, they choose on trust. Brand integrity, in those markets, is a material business asset.
The annals of copyright decisions could provide a reasonably representative catalog of what our culture has been up to over the past 200 years. A Feb. 3 decision from the Southern District of New York is a case in point. It involves a sex-trafficking conspiracy, Tweets attacking a troubled crypto firm, and a claimed transfer of copyright ownership through a restitution order in a criminal case, all over an undercurrent of competing First Amendment and victim-privacy concerns.
The Court held that intent is required and that mere awareness of infringement does not establish secondary liability.
When a patent claims software that computes a charging schedule and then makes charging occur, the Federal Circuit may require the system, not the driver, to cause the charge event.
In the second part of a two-part article addressing patent standing issues common to companies in the life sciences industry, we examine additional patent standing complications and discuss how mid-litigation transfers of ownership may affect standing, and how standing issues may ultimately impact the availability and scope of damages.
After nearly two decades of separation from the business that bore his name, golf legend Jack Nicklaus has reclaimed ownership of his brand and the iconic “Golden Bear” trademark, marking a significant legal and commercial victory following a protracted dispute and bankruptcy proceedings involving his former company.
Key insights from a panel discussion during this year’s South by Southwest conference in Austin, where speakers weighed the impact of a landmark music industry verdict and what comes next for a sector awash with artificial intelligence.
Matthew McConaughey secured eight federal trademark registrations covering his voice and iconic catchphrases in a novel legal strategy aimed at combating AI’s unauthorized use of his voice and likeness. The move signals an important evolution in the power dynamics between talent/brands and the companies providing generative AI tools.
Standing is the issue that determines whether a plaintiff is the right party to bring a case. Although it is a fundamental requirement for all cases, it poses unique challenges in the patent context, particularly for life sciences companies. This two-part article provides guiding principles and potential pitfalls for plaintiffs and defendants alike. In this first article, we lay out the Federal Circuit’s framework for analyzing standing in patent cases and explain what rights a patent owner must have in order to sue for patent infringement.
The legal view of artificial intelligence (AI) transactions is evolving. However, such development does not change the fact that AI transaction legal assessment is best commenced by applying the fact that AI is software to the evaluation. Doing so is likely to make such analysis faster, more accurate and more robust.
