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The Intellectual Property Strategist

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

Federal Circuit: District Court Abused Discretion By Attributing Inconsistent Position to Plaintiff

Features

Brands In the Metaverse: Opportunities, Risks and Strategies Image

Brands In the Metaverse: Opportunities, Risks and Strategies

Brandon Leahy and Chloe Delehanty 

While it is still unknown how the metaverse will take shape, lawyers advising brands should familiarize themselves with the opportunities it presents, the risks involved, and strategies to consider for enhancing and protecting a client's brand.

Features

Litigating Redesigns At the ITC Image

Litigating Redesigns At the ITC

Frank Liu, Dustin Ferzacca & Gwen Tawresey

An overview of redesigns at the ITC, a discussion of the ITC's recent determination in Certain Audio Players and Controllers, and identifies some considerations to keep in mind when litigating redesigns at the ITC.

Features

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps Image

Building AI and Machine Learning Technologies: Data Licensing Tips and Traps

Anna Remis

Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI models. Companies may be well aware of privacy and regulatory restrictions on data use, but often do not consider the potential impact of data use restrictions on intellectual property ownership and use rights.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & Ryan J. Sheehan

Federal Circuit: Applicant Admitted Prior Art Cannot Provide a "Basis" for a Ground of Unpatentability in an IPR, But Can be Cited for Other Purposes Federal Circuit: After SAS, IPR Estoppel Extends to Prior-Art Grounds That Reasonably Could Have Been Raised in the Petition

Features

CA Court of Appeal Offers Insight on Business Consulting vs. Legal Services In Entertainment Case Image

CA Court of Appeal Offers Insight on Business Consulting vs. Legal Services In Entertainment Case

Stan Soocher

The question has been frequently debated in the legal community: What is the difference between an attorney providing business consulting services or acting as legal counsel? The California Court of Appeal recently issued an opinion on the concern.

Features

Issues Addressed In Supreme Court 'Unicolors' Argument Image

Issues Addressed In Supreme Court 'Unicolors' Argument

Robert W. Clarida & Thomas Kjellberg

Some of the major issues the court addressed in the Unicolors oral argument, and some questions that are likely to remain open no matter the outcome.

Features

Clarity on Patent Eligibility Law Could Be Coming In 2022 Image

Clarity on Patent Eligibility Law Could Be Coming In 2022

Scott Graham

The murkiness around patent eligibility is one reason innovators have been turning more toward trade secret law to protect their inventions.

Features

How to Protect a Website's Legal Identity Image

How to Protect a Website's Legal Identity

Jonathan Bick

Internet site legal identity theft is becoming increasingly more sophisticated and common. If successful, a third party can use the theft of a legal identity to secure confidential information, harm marketing brand value, diminish good will and steal customers. Internet sites may employ legal, business, and technological means to protect their legal identities.

Features

Due Diligence Can Mitigate Trademark Risk Image

Due Diligence Can Mitigate Trademark Risk

Jared A. Stark

How can one launching a new trademark mitigate the risk of rejection or infringement on the basis of likelihood of confusion with an existing mark? The primary strategy is trademark searching.

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