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This two-part article explores the new joint infringement standard set forth in the Federal Circuit’s 2015 Akamai v. Limelight decision, 797 F.3d 1020, 1023 (Fed. Cir. 2015). Part 1 deconstructed the new standard and identified several ways in which courts could interpret and apply it. Part 2 reviews the recent Federal Circuit Eli Lilly case as well as district court cases that have interpreted the new standard and identifies prosecution and litigation strategies for practicing post-Akamai.
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All Is Not Fair In Love and Warhol
By Jonathan Moskin
A new balance must be struck between the new use and the exclusive right of authors to make derivative works, and part of that balance includes a clearer focus on the statutory fair use factors as well as the commercial nature or not of the new work. As a practical matter, how much the decision changes in this “troublesome” area remains to be seen.
Generative AI and Patent Considerations
By James W. Soong
A patent strategy informed by the unique considerations raised by generative AI will optimize protections for innovations in the field. Patent strategies should reflect the current legal landscape as well as anticipate potential future legal developments.
IP Considerations for ITC General Exclusion Orders
By Daniel Muino, Brian Busey and Nomin-Erdene Jagdagdorj
In recent years, the ITC has issued more General Exclusion Orders (GEOs) than in the past. For IP owners facing infringing imported products from numerous elusive sources, a GEO can be a powerful remedy to tackle all infringing products at once.
Securing License for Internet Artificial Intelligence
By Jonathan Bick
As AI increasingly interpenetrates internet transactions, licensing interest expands. The licensing of internet AI intellectual property is stymied because legal difficulties such as the proper assessment of the jurisdiction for the licensing agreement and the nature of the internet including the proper identification of the parties for the licensing agreement.