Content-Licensing Payment Dispute Involves Whether Fiduciary Relationship Was Created
February 01, 2024
A recent New York federal court decision in a dispute between a broker that sublicenses program content and a broadcaster that sublicensed content from the broker considered the interaction of contract language and extra-contractual elements of the parties' relationship to determine whether a fiduciary relationship existed.
All the News That's Fit to Pinch
February 01, 2024
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.
Treatment of Antibody Claims In the U.S. After 'Amgen v. Sanofi'
February 01, 2024
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.
Can Artificial Intelligence Patents Overcome §112 Requirements?, Part 2
February 01, 2024
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.
The Stranger to the Deed Rule
February 01, 2024
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.
How Patent Owners Can Leverage Climate Change Programs In Their IP Strategies
February 01, 2024
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.
Real Property Law
February 01, 2024
Developer Has Obligation to Protect Neighboring Structures Even If They Do Not Abut Developer's Parcel
Attorney's Fees May Be Available to Neighbor Who Negotiates License for the Purpose of New Construction
Abuse of Power of Attorney Renders Deeds Invalid
