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The Intellectual Property Strategist

Features

Trends In Patent Policy and Enforcement Image

Trends In Patent Policy and Enforcement

Manny Caixeiro

The patent world is at a moment of change. A tremendous amount of thought, financial investment, and political capital is being devoted to transforming patents into assets that are central to the economy, international trade, and national defense. The incentives for obtaining and aggressively monetizing patents are increasing. In contrast, defending a patent litigation is becoming more difficult and the stakes are higher. Companies that take steps now to navigate these changes may be rewarded with significant competitive advantages.

Features

The Shortcomings of the Copyright Office’s Guidance for AI-Assisted Works Image

The Shortcomings of the Copyright Office’s Guidance for AI-Assisted Works

Dallas Cire

AI-assisted artwork poses a simple question: When can an artist using AI tools copyright their work? Early this year, the Copyright Office addressed this issue and rejected the proposition that only prompting an AI model can create a copyrightable work. But their analysis missed that “randomness” for a computer means something entirely different than we generally think, ultimately underselling the amount of control someone can have over the model’s output.

Features

POINT: Your Tradeshow IP Protection Playbook Part 1: What Can You Do If Your Competitor Is Using Your IP At a Tradeshow? Image

POINT: Your Tradeshow IP Protection Playbook Part 1: What Can You Do If Your Competitor Is Using Your IP At a Tradeshow?

Aaron Bradford & Amy Wright

The stress of IP infringement matters resides on both sides of the fence: whether you find a competitor infringing upon your ideas, or your company finds itself being accused of doing the infringing. In this Point/Counterpoint series of articles, we outline the appropriate steps to take if you spot your innovation in your competitor’s booth across the hall. This article’s focus — Point: What can you do if your competitor is using your IP at a tradeshow?

Features

COUNTERPOINT: Your Tradeshow IP Protection Playbook Part 2: How to Respond If Someone Files an IP Complaint Against You At a Tradeshow? Image

COUNTERPOINT: Your Tradeshow IP Protection Playbook Part 2: How to Respond If Someone Files an IP Complaint Against You At a Tradeshow?

Aaron Bradford & Amy Wright

The stress of IP infringement matters resides on both sides of the fence: whether you find a competitor infringing upon your ideas, or your company finds itself being accused of doing the infringing. In this Point/Counterpoint series of articles, we outline the appropriate steps to take if you spot your innovation in your competitor’s booth across the hall. This article’s focus — Counterpoint: What can you do if your competitor is using your IP at a tradeshow?

Features

Stephen Thaler Is At It Again — Asks Supreme Court to Extend Copyright Protection to AI Works Image

Stephen Thaler Is At It Again — Asks Supreme Court to Extend Copyright Protection to AI Works

Jimmy Hoover

A computer scientist is asking the U.S. Supreme Court to extend copyright protection to works created entirely by artificial intelligence in one of the first cases to reach the justices about the revolutionary technology.

Features

IP News Image

IP News

Jeffrey Ginsberg & Basil Williams

Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary JudgmentFederal Circuit Concludes That Two Organizations Lack Associational Standing to Challenge USPTO’s Denial of Petition for Rulemaking

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  • Revised Proposal: Understanding the Interagency Statement on Complex Structured Finance Activities
    Many U.S. financial institutions that have participated in equipment leasing transactions (particularly in the large-ticket and municipal markets) in the last 20 years will be keenly aware that as the structures grew ever more complicated, Congress and the federal regulatory agencies grew intensely interested. Whether the institution had a major role in the transaction or simply provided a service, some degree of scrutiny could be expected, often in conjunction with a tax audit of its client. The risks to financial institutions from participating in complex structured finance transactions of all types became a source for concern for banking and securities regulators. The principal federal regulators responded in 2004 with a proposal that financial institutions investigate, and bear responsibility for evaluating, the legal, tax, and accounting basis of their clients' complex structured finance transactions. The goal: to limit the institutions' own credit, legal, and reputational risk from such participation.
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