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We found 1,286 results for "The Intellectual Property Strategist"...

Writing Strong Antibody Claims: Avoiding or Addressing USPTO Rejections for Written Description and Enablement
March 31, 2025
Many patent applicants currently face difficulty in obtaining antibody claims because of written description and enablement rejections under 35 U.S.C. §112(a). The USPTO routinely rejects claims as too broad, arguing that such claims cover more antibodies than the specification discloses, or that undue experimentation would be needed to determine whether an antibody reads on the claims. These heightened disclosure requirements increase laboratory costs to generate sufficient data for a §112(a)-proof specification.
Reframing the AI Debate Will Improve How We Practice Law
March 31, 2025
For the last several years, I’ve become obsessed with a particular legal, technological, and philosophical question: Can a robot invent on its own?
New Bifurcated PTAB Pretrial Procedure: Procedural Deep Dive and Possible Implications
March 31, 2025
In the latest action part of a recent whirlwind of PTAB policy and procedural change around the use of so-called “discretionary denial” to refuse to a challenge to the validity of a granted patent, the Acting Director of the USPTO has issued a memorandum creating a new “bifurcated” pretrial procedure to be used for deciding whether or not to proceed with a trial in response to a petition for inter partes review or post grant review of a granted patent.
The AI Litigation Battleground: Existing IP Legal Frameworks Create Uncertain Environment
March 31, 2025
As artificial intelligence continues to drive innovation at an unprecedented pace, it has also become a battleground for litigation, particularly concerning intellectual property misappropriation, data scraping and model transparency.
Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan
March 17, 2025
A Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.
From DeepSeek to Distillation: Protecting IP In the AI World
March 01, 2025
Protection against unauthorized model distillation is an emerging issue within the longstanding theme of safeguarding IP. Existing countermeasures have primarily focused on technical solutions. This article will examine the legal protections available under the current legal framework and explore why patents may serve as a crucial safeguard against unauthorized distillation.
How Courts In the U.S. and the UK Are Addressing Key GenAI Copyright Infringement Issues
March 01, 2025
How the courts in the U.S. and the UK are addressing the key copyright infringement issues as they relate to generative AI models and output, and highlights the differences, particularly in the area of “fair use”/”fair dealing” and statutory provisions unique to each country.
TTAB Allows for Non-User to Oppose Trademark for Reputational Injury
March 01, 2025
In a recent case, although finding no standing in the case in front of it, a federal court noted that it was, however, possible that a nonuser could demonstrate entitlement to cancel or oppose by establishing either lost sales in the United States or reputational injury in the United States under the Lanham Act.
Internet Archive’s Decision Not to Appeal Second Circuit’s Fair Use Ruling Could Lead to More Litigation As Issue Remains Unsettled
March 01, 2025
The Second Circuit’s decision may have significant downstream implications for other digital lending services, making it more difficult to operate absent licensing agreements with copyright holders of the various works they seek to distribute. With Internet Archive deciding against petitioning the Supreme Court, we may well see similar litigation pop up in other jurisdictions outside the Second Circuit until the issue is more widely settled.
Sending a Shot Across the Brow: Drafting An Effective Trademark Demand Letter
March 01, 2025
At the end of the day, demand letters form an important part of a company's trademark enforcement strategy. But they must be just that — a part of a fully developed reasoned strategy rather than a knee-jerk reaction to perceived infringement. And that strategy will require some investigation and research to help ensure success.

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