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We found 1,385 results for "The Intellectual Property Strategist"...

IP News
April 30, 2025
Federal Circuit Examines Written Description Requirements for U.S. Patent Application Publications Used as Prior Art Under Pre-AIAFederal Circuit Denies Preliminary Injunction In a Biologics Price Competition and Innovation Act Case
D.C. Circuit Court Rules That Artificial Intelligence Cannot Solely Author Copyrightable Works
March 31, 2025
The D.C. Circuit affirmed that AI cannot be the sole author on a copyright-registered work, but left questions about the future of AI authorship in copyright for Congress to resolve.
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.

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    A majority of courts consider the <i>contra proferentem</i> doctrine to be a pillar of insurance law. The doctrine requires ambiguous terms in an insurance policy to be construed against the insurer and in favor of coverage for the insured. A prominent rationale behind the doctrine is that insurance policies are usually standard-form contracts drafted entirely by insurers.
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  • Abandoned and Unused Cables: A Hidden Liability Under the 2002 National Electric Code
    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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