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News and expert analysis on IP developments from the courts to the USPTO.
By Derrick Carman | March 22, 2024
The recent case of 'In re Cellect' serves as a warning to patent owners who rely too heavily on the USPTO to completely and accurately examine their patent applications. This article presents patent owners with several options to consider to avoid a fate similar to Cellect.
7 minute read
By Ian G. DiBernardo and Brandi Howard | March 22, 2024
Whether a provider or a consumer of data and AI services, companies must think through intellectual property and related contractual risks—both retrospectively, in terms of legacy customer agreements and prospectively, in terms of reworking them.
8 minute read
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi | March 22, 2024
This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
8 minute read
By Barry Werbin | March 22, 2024
Creators using generative AI without meaningful human contributions should presume that the resulting content will not be protected by copyright, apart from potential compilation protection. The prospect of Congress legislating in this area in the near- to mid-term future is low.
8 minute read
By Maria Dinzeo | March 22, 2024
"The thing with AI is it is such an evolving industry. There are no AI experts, and even those who call themselves experts aren't experts yet," said Anna Gorodetsky, a managing director on Major, Lindsey & Africa's in-house recruiting team.
6 minute read
By Stephen M. Kramarsky and John Millson | March 18, 2024
A recent case out of the Southern District of New York involved the application of the Video Privacy Protection Act to a novel category of visual art and a method of data collection that would have been science fiction to the statute's drafters. Judge Swain's careful analysis of these issues is worth a look.
11 minute read
By Chris O'Malley | March 15, 2024
Dr. Suess Enterprises gave a promotion to five-year employee Nicole Gates, the company's first in-house attorney, and brought on Michael Lancaster as corporate counsel.
2 minute read
By Thomas Kjellberg and Robert W. Clarida | March 14, 2024
In 'Philpot v. Independent Journal Review', the Fourth Circuit reversed the district court's findings regarding fair use and copyright registration validity.
11 minute read
By Catherine Nyarady and Crystal Parker | March 12, 2024
An en banc panel of the Federal Circuit will soon decide whether to amend its long-standing framework for assessing design patent obviousness, known as the 'Rosen-Durling' test. The forthcoming decision in 'LKQ v. GM Global Technology Operations' will be the first en banc decision the Federal Circuit has issued in a design patent case since 2008.
8 minute read
Delaware Business Court Insider
By Adolfo Pesquera | March 11, 2024
Last September, RPX Insight reported that in the preceding five months Patent Armory sued more than 70 companies over various patents in federal courts in Texas and Delaware.
3 minute read
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