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The Intellectual Property Strategist

Features

Leveraging Patent Office Examples for AI Enabled Innovation In Any Industry Image

Leveraging Patent Office Examples for AI Enabled Innovation In Any Industry

Jim Soong

In Ex parte Michalek, the PTAB evaluated an invention involving medical health technology and artificial intelligence. While this case involved medical health technology, the implicated issues inform patent strategies for AI enabled inventions across all industries.

Features

The Suspension Bridge Effect: Why Trademark Attorneys Must Protect Entire Brand Systems, Not Just Individual Marks Image

The Suspension Bridge Effect: Why Trademark Attorneys Must Protect Entire Brand Systems, Not Just Individual Marks

Allen Adamson

In brand protection, as in bridge engineering, the strength of brand differentiation (trademark distinctiveness) depends on the integrity of each supporting cable. When one snaps, the question is not only whether you can fix that component, but also whether the whole structure will hold together long enough for the repair crew to arrive.

Features

Three Key Considerations for Trade Secret Owners Seeking Protection Under the Texas Uniform Trade Secrets Act Image

Three Key Considerations for Trade Secret Owners Seeking Protection Under the Texas Uniform Trade Secrets Act

Richard Hathaway

In today’s competitive marketplace, a company’s most valuable assets are often not found on its balance sheet. The proprietary formulas, customer databases, pricing models, and operational processes that give businesses their competitive edge represent intellectual capital that can literally be worth millions — or lost in an instant. As innovation drives business success, protecting these trade secrets has become critical to maintaining market position and profitability.

Features

Protecting Your Patent: How a Vet-Owned AI Company Safeguarded Its IP Image

Protecting Your Patent: How a Vet-Owned AI Company Safeguarded Its IP

Jon Brewton & Chris Rohrbach & Eric Costantini & John Scott

Military-owned businesses often possess unique technological advantages derived from years of research, development, and practical application. One veteran-owned company’s journey — combined with a patent attorney’s experience preparing and filing patent applications — provides valuable insight into what veterans should do to safeguard their intellectual property.

Features

Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited Image

Meta Gets Victory In Significant AI Copyright Case, But Ruling Limited

Michael Gennaro

A federal judge handed Meta a major win on June 24 in a closely watched copyright case over its use of books to train large language models, but the ruling stopped well short of giving tech companies blanket protection to scrape creative works for artificial intelligence.

Columns & Departments

IP News Image

IP News

Sarah Brand & Jeff Ginsberg

Federal Circuit: District Court Did Not Err In Declining to Find Infringement By Moderna’s Activities Involving COVID-19 VaccineFederal Circuit: PTAB Did Not Err In Finding that Prior Art Reference Disclosed Negative Limitation Without Stating a Feature’s Absence

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    In an effort to minimize the release of toxic gasses from cables in the event of fire, the 2002 version of the National Electric Code ("NEC"), promulgated by the National Fire Protection Association, sets forth new guidelines requiring that abandoned cables must be removed from buildings unless they are located in metal raceways or tagged "For Future Use." While the NEC is not, in itself, binding law, most jurisdictions in the United States adopt the NEC by reference in their state or local building and fire codes. Thus, noncompliance with the recent NEC guidelines will likely mean that a building is in violation of a building or fire code. If so, the building owner may also be in breach of agreements with tenants and lenders and may be jeopardizing its fire insurance coverage. Even in jurisdictions where the 2002 NEC has not been adopted, it may be argued that the guidelines represent the standard of reasonable care and could result in tort liability for the landlord if toxic gasses from abandoned cables are emitted in a fire. With these potential liabilities in mind, this article discusses: 1) how to address the abandoned wires and cables currently located within the risers, ceilings and other areas of properties, and 2) additional considerations in the placement and removal of telecommunications cables going forward.
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