Features

AI Isn’t Replacing Lawyers — It’s Changing How They Work
Instead of eliminating legal jobs, generative AI can be transformative for the in-house role by stripping away repetitive tasks and giving lawyers room to focus on higher-value work.
Features

OpenAI Gets Summary Judgment In Trademark Battle With Open Artificial Intelligence
A trademark battle that pitted technology giant OpenAI against a company known as Open AI (note the space between the terms) has resulted in a summary judgment that has ordered the smaller enterprise to cease use of the name and its prized internet real estate, open.ai.
Features

Recent Decisions from CA and NY On AI Training and Copyright
In late July, two important decisions came down from courts in the Northern District of California regarding the unauthorized use of copyrighted material for the training of large language models. No real consensus has emerged as to the effect they will have on the broader AI litigation landscape.
Features

Successful and Enforceable Brands Connect with the Consumer: Lessons from a Recent 10th Circuit Decision
Protectable rights are created the same way a successful brand is established — linking your Mark and your company’s offering in the minds of the consumer is a must. The good news? Regardless of your company’s size or marketing budget, this necessary connection can be achieved.
Features

Insights from Acting Director Stewart’s Decisions on Discretionary Denial under the New Interim Processes for PTAB Workload Management
Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board’s (PTAB) discretion to deny petitions for inter partes review (IPR) and post-grant review (PGR) when parallel litigation is already pending in federal district court or the U.S. International Trade Commission (ITC). Acting Director Stewart replaced those guidelines with new interim processes that rely on the Director to issue decisions on patent owners’ requests for discretionary denials.
Columns & Departments

IP News
“Not Merely Monkey Business”: The Bored Ape Case and NFT Branding in the Ninth Circuit
Features

The Rise of Revenue Intelligence: Why Law Firms Are Leveraging AI to Reimagine the Revenue Lifecycle
Legal technology is in the middle of a paradigm shift — one where firms are no longer satisfied with incremental fixes and point solutions. Instead, they’re seeking transformation: of systems, workflows, and outcomes. Nowhere is that transformation more urgent — or more impactful — than in how firms manage the revenue lifecycle.
Features

Relocating Easements By Servient Owner
Under what circumstances can a servient owner relocate an easement? New York's Second Department recently faced that question and reaffirmed the rule that a servient owner cannot unilaterally relocate an easement when the easement agreement depicts the precise location of the easement.
Features

Copyright-Termination Case Complexities and Sixth Circuit’s Decision In “Que Sera Sera” Litigation
The Nashville federal court where the lawsuit was filed summarized the litigation as “concern[ing] the rights to a prolific composer’s music, a dizzying estate plan, and two descendants at odds over how to manage the royalties those compositions earn.”
Features

Inconvenient Interlocutory Bankruptcy Appeals — A Reply
A bankruptcy judge, his law clerk and two law students challenged this author’s opinion piece entitled “Inconvenient Bankruptcy Appeals” from the December 2024 issue of The Bankruptcy Strategist that district courts and Bankruptcy Appellate Panels have been rigidly limiting appellate review of interlocutory bankruptcy court orders as a matter of convenience. The critics argue instead that these courts consistently apply appropriate statutory and decisional standards when they decline appellate review, striving to “get it right.” A quick reply follows.
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