U.S. Supreme Court Rejects 'Defense Preclusion' in Trademark Suit
June 01, 2020
On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand was not precluded from asserting its defenses in its long-standing trademark litigation against Marcel Fashions Group
Artificial Intelligence and Copyright: Ownership and Fair Use
June 01, 2020
Machine learning allows certain AI to create entirely new content based upon the materials it used to learn. In the process of creating new content, AI may create copies of copyrighted works in memory storage as a byproduct of its overall output sequence. This article explores authorship and ownership of such AI-generated content, and to what extent, if any, can copyrights be infringed upon when AI reproduces copyrighted works for machine learning.
IP News
June 01, 2020
Article III Inter Partes Review Decision Precluded By Congress, SCOTUS Rules
SDNY: Video Game Makers Not Violating Copyright with NBA Player Tattoos
Avoiding Trade Secret Losses During Corporate Collaboration
May 01, 2020
Effective corporate collaborations — whether close customer relationships, supplier partnerships or formal joint ventures — demand that sensitive information be shared. Without proper agreements and well-defined boundaries, however, those corporate collaborations can lead to loss of trade secret protection and entangle the parties in litigation.
IP News
May 01, 2020
Federal Circuit: Method of Preparation Claim is Patentable
Federal Circuit: Same Party Cannot Join IPR Petitions under 35 U.S.C. §315(c)
Attorney's Fees After Octane: More Chances for Defendants to Even the Playing Field
April 01, 2020
With fewer restraints after Octane, district courts now have broader discretion to grant motions for attorney's fees. But understanding the circumstances under which exceptionality has been found is critical. Recent decisions by the Federal Circuit post-Octane provide some important guidance on when attorney's fees may be available under Section 285.
Swedish Music Industry Views: Part Two
April 01, 2020
Part Two of a Two Part Article
This article discusses, among other things, the Swedish music industry perspective on the European Union's Copyright Directive, the growth of multi-country music licensing hubs and the impact of Brexit.