The Intellectual Property Strategist

Features

The emerging cases by authors and copyright owners challenging various generative AI programs for using copyrighted materials are certain to create new troubles for the courts being asked to apply the fair use doctrine to this important new technology.

Features

Each decision involves reversal of a prior art rejection and contrasts with the other decisions on subject matter eligibility, revealing different PTAB approaches and results that can inform prosecution and appeal strategies.

Features

The future of antibody claiming in the United States is uncertain following the U.S. Supreme Court's May 2023 ruling in Amgen Inc. v. Sanofi, a highly anticipated decision concerning enablement and whether the traditional way to claim antibodies — claiming antibodies by their function — will survive as a valid claiming strategy.

Features

Part Two of a Two-Part article While the last decade has seen a dramatic increase in the number of AI patents, such patents face difficulty in overcoming the patent-eligibility challenges under §101 and Alice. Section 101, however, is not the only hurdles AI patents must overcome. Section 112, with its written description, enablement, and definiteness requirements, presents additional obstacles.

Features

The USPTO has created or expanded several programs to promote the development of sustainable energy. For patent owners and inventors in the energy sector, these programs can provide a financial and administrative edge for the development and protection of their intellectual property, as well as play a beneficial role their overall IP strategy.

Columns & Departments

In Patrick v. Poree, the United States Court of Appeals for the Eleventh Circuit affirmed the denial of default judgment and summary judgment of copyright infringement claims based on a lack of evidence that the plaintiff owned a valid copyright.

Features

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.

Features

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.