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We found 1,300 results for "The Intellectual Property Strategist"...

Recent Court Views on "Making Available" Controversy In Copyright Infringement
July 01, 2020
Federal courts have long disagreed over whether the unauthorized "making available" of a plaintiff's works to the public is sufficient to constitute copyright infringement under the U.S. Copyright Act. Two June District Court decisions demonstrated the differences between the views of the Fourth and Ninth Circuits.
IP News
July 01, 2020
Federal Circuit Finds Preamble Not Limiting and Claims Reciting Means-Plus-Function Limitations Without Disclosure of Corresponding Structures Cannot Be Determined Unpatentable as Indefinite in an IPR Proceeding Federal Circuit Finds That District Court Correctly Applied the Disclosure-Dedication Doctrine In Granting a Motion for Judgment of Non-Infringement on the Pleadings
Eliminating Willfulness as a Prerequisite to Recovering an Infringer's Damages in Dilution Cases
June 01, 2020
Romag Fasteners, Inc. v. Fossil, Inc. The Supreme Court, settling a circuit split, held that, although highly important, willfulness is not a prerequisite for a trademark infringement plaintiff to obtain a profits award.
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.
You've Made Your Bed, Now Lie In It – Binding Settlement Agreement Defeats A Post-Settlement Judgment
June 01, 2020
Holding that the parties' executed agreement mooted the issues in the case, the Federal Circuit recently reversed a district court's decision to grant summary judgment of non-infringement despite the parties' agreement. The decision builds upon prior Federal Circuit case law giving effect to settlement agreements.
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
Supreme Court Rules States Cannot Be Involuntarily Liable for Copyright Infringement
May 01, 2020
The U.S. Supreme Court has ruled that individual states are free to commit copyright infringement. The Court held that Congress attempted to abrogate states' sovereign immunity in an unconstitutional manner when enacting the Copyright Remedy Clarification Act of 1990 (CRCA).
Practical Tips for Securing Patent Rights for AI-Generated Inventions
May 01, 2020
While AI is rising as a key commercial player at the global scale with an expected market size of almost $400 billion by 2025, are patent laws around the world equipped to incentivize this revolution?
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.

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