News and expert analysis on IP developments from the courts to the USPTO.
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
8 minute read
By Conor Tucker | January 19, 2024
Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
10 minute read
By Mark Liang. Paige Hardy and Grace McFee | January 16, 2024
Part One of a Two-Part Article Under the current Alice framework, those attempting to patent AI innovations face an uphill battle. But, as the caselaw demonstrates, inventors and patent drafters can take steps to reduce the risk of AI patent claims being invalidated as abstract ideas.
18 minute read
By Stephen M. Kramarsky | January 12, 2024
In his Intellectual Property column, Stephen M. Kramarsky discusses the 'Shake Shack Enterprises v. Brand Design Company' case, which offers insight into the limits courts will impose on companies that try to overextend their intellectual property rights.
11 minute read
By Jeanna M. Wacker, Tasha Gerasimow and Nick Johnston | January 12, 2024
This article highlights several notable legal and regulatory developments in 2023 and discusses developments that will continue to shape the pharmaceutical industry in 2024.
8 minute read
By Steve Salkin | January 9, 2024
Our annual poll of experts on the trends and developments to watch out for in 2024 in AI, data privacy, cybersecurity, e-discovery and more.
32 minute read
By Catherine Nyarady and Crystal Parker | January 9, 2024
The Second Circuit recently determined that no special First Amendment protections applied to a defendant's use of the Vans Old Skool shoe trademark in selling its own shoes purportedly intended as a critique of sneaker culture. It affirmed the district court's entry of a preliminary injunction against the defendant, finding the plaintiff was likely to succeed on its trademark infringement claim under the Lanham Act. In doing so, it issued its first opinion applying the Supreme Court's June 2023 decision in 'Jack Daniel's Properties v. VIP Products'.
8 minute read
By Ching-Lee Fukuda, Aimee Fagan and Irene Yang | January 4, 2024
Ching-Lee Fukuda, Aimee Fagan and Irene Yang, the co-leaders of the IP litigation practice at Sidley Austin, write that the current landscape for patent litigation likely makes trade secret enforcement an attractive avenue for companies looking to protect their intellectual property.
9 minute read
By Charles Toutant | January 3, 2024
"This disappointing decision is based on legal and factual errors we are confident will be reversed on appeal," Joseph K. Belanoff, Corcept's CEO, said in a statement.
3 minute read
By Amanda O'Brien | January 2, 2024
Pennsylvania-based construction attorneys Joseph Imperiale and Robert Gallagher are now leading the firm's Philadelphia and Pittsburgh offices, respectively, while white-collar attorney Charles Peeler will head up Atlanta.
4 minute read
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