Intellectual Property

  • How NCAA Athletes and Brands Can Avoid Big Mistakes In NIL Influencer Agreements

    The biggest event of the year in college sports just concluded as national champions were crowned in men's and women's basketball, and hundreds of thousands of college athletes are entering the influencer marketplace for the first time. College athletes now find themselves attractive candidates in the fast growing influencer marketing arena. With the FTC Commissioner taking a closer look at the use of influencers for marketing, student athletes and brands should take care when entering into the influencer marketing arena.

    April 01, 2022Nicole Demas, L. Andrew Tseng and Sean P. McConnell

  • Ninth Circuit Issues Decision on Trade Secret Injunctive Relief

    Earlier this year, the Ninth Circuit issued a decision affirming a district court's denial of an injunction following a finding of trade secret misappropriation. While the opinion is designated as unpublished — and therefore not precedential — the panel's reasoning sheds light on an important issue in trade secrets remedies.

    April 01, 2022John Lanham and Nishi Tavernier

  • Comic Legends' Estates Say Pandora Streamed Routines Without License

    In dual lawsuits, the estates of Robin Williams and George Carlin accuse Pandora Media of willfully infringing the legendary comedians' registered copyrights in their "spoken word compositions" — their standup routines — by streaming the sound recordings that embody those routines without a license to use these works.

    April 01, 2022Thomas Kjellberg and Robert W. Clarida

  • IP News

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

    April 01, 2022Howard Shire and Stephanie Remy

  • Brands In the Metaverse: Opportunities, Risks and Strategies

    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.

    March 01, 2022Brandon Leahy and Chloe Delehanty 

  • Litigating Redesigns At the ITC

    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.

    March 01, 2022Frank Liu, Dustin Ferzacca and Gwen Tawresey

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

    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.

    March 01, 2022Anna Remis

  • IP News

    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

    March 01, 2022Jeff Ginsberg and Ryan J. Sheehan

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

    Data is the fuel for software development, and developers use historical data from existing products to train algorithms and build AI and machine learning models. Companies are 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.

    February 01, 2022Anna Remis