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Features

Recent Rulings on 'Embedding' Foreshadow Circuit Split: What Does That Mean For Content Use Now? Image

Recent Rulings on 'Embedding' Foreshadow Circuit Split: What Does That Mean For Content Use Now?

Tamerlin Godley & Kiaura Clark

When and how can you display someone else's visual content on your website without running afoul of copyright law? When and how can someone else display your visual content? A recent ruling out of the Southern District of New York may upend the current paradigm.

Features

UPDATE: The Supreme Court 'Arthrex's' Decision In Action Image

UPDATE: The Supreme Court 'Arthrex's' Decision In Action

Ryan C. Deck & Robert E. Browne

Although several direct appeals for PTAB review or rehearing were made by parties who had received adverse outcomes at PTAB hearings after the Arthrex decision, on November 3, the first rehearing was granted by the PTO acting director.

Features

Influence of Lost Profits Damages In Patent Cases Image

Influence of Lost Profits Damages In Patent Cases

Eric Alan Stone & Catherine Nyarady

In two recent decisions, the Federal Circuit and a Delaware district court took account of the underlying economic conditions that permit and prevent awards of lost profits, and looked at the implications of those conditions on otherwise unrelated areas of law.

Columns & Departments

IP News Image

IP News

Howard Shire & Stephanie Remy

District Court: Exceptionality Found and Attorney Fees Awarded When Patent Owner Pursued Litigation With a Fraudulently Obtained Patent

Features

Trademarks Making Advertising Claims Create Sticky Situations Image

Trademarks Making Advertising Claims Create Sticky Situations

Kyle-Beth Hilfer

The SharkNinja case as well as other well-established precedents serve as powerful reminders to advertisers of certain best-practices in choosing their trademarks or evaluating whether to challenge their competitors' trademarks.

Features

Creative vs. Corporate: Patent Infringement Awards Respawn the Debate over Patenting Video Games Image

Creative vs. Corporate: Patent Infringement Awards Respawn the Debate over Patenting Video Games

Mark D. Simpson and Paul Leicht

Patents can provide the broadest and strongest form of protection in the video game field. They can protect the methods and processes performed by the game software, and they can protect the hardware components of the game system, both in function and aesthetic design.

Features

Defamation Investigations: A Big Leap in Fighting Back Image

Defamation Investigations: A Big Leap in Fighting Back

Doug Bania

Internet tools are becoming more sophisticated in measuring the impact of online disparaging and defamatory statements, paving the way for affected business owners and celebrities to fight back by filing defamation suits seeking to recover damages for the harm to their reputation and brand value.

Columns & Departments

IP News Image

IP News

Jeff Ginsberg & George Soussou

Federal Circuit: Case Belongs In the Northern District of California, Not Western District of Texas Federal Circuit: Arbitration Clause Did Not Prevent Institution of IPR Petitions

Features

Sender Beware: Jurisdictional Risks of Pre-Litigation Communications Image

Sender Beware: Jurisdictional Risks of Pre-Litigation Communications

Sarah Benowich

The Federal Circuit recently clarified — and lowered — the threshold to exercise specific personal jurisdiction over an out of state declaratory judgment defendant.

Features

Impact of Disney's Motion to Compel Arbitration In Scarlett Johansson's Lawsuit Over 'Day-and-Date' Release of 'Black Widow' Image

Impact of Disney's Motion to Compel Arbitration In Scarlett Johansson's Lawsuit Over 'Day-and-Date' Release of 'Black Widow'

Stan Soocher

Johansson alleges that, in order to generate new subscribers for Disney+, Disney intentionally interfered with her talent agreement with Disney affiliate Marvel Studios for her featured role in Black Widow — and thus allegedly induced Marvel to breach a promise in the Johansson/Marvel agreement for the film to be initially distributed in exclusive "wide theatrical release." Updated Oct. 1 to reflect a confidential settlement reached in the case.

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