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Fourth Circuit Weighs In on Fair Use and Copyright Registration Validity

April 01, 2024

In Philpot v. Independent Journal Review, the Fourth Circuit found no fair use or copyright validity for a concert photographer's use of a photo of Ted Nugent as part of a collection.

USPTO Issues New Guidance On Rejecting Patent Claims for Obviousness

April 01, 2024

The United States Patent and Trademark Office recently published new guidance explaining the requirements for patent examiners to reject patent claims for obviousness in view of what was already known in the prior art.

"Holy Fair Use, Batman": Copyright, Fair Use and the Dark Knight

April 01, 2024

The copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.

Biotech Industry Bankruptcy Case Update: 'Zymergen' and 'Humanigen'

April 01, 2024

This Bankruptcy Case Update focuses on the recent biotech industry bankruptcy cases of Zymergen and Humanigen.

Intellectual Property In Legal Tech: Lessons from Recent Cases

April 01, 2024

As technology continues to permeate the legal industry, the significance of IP in safeguarding innovations, ensuring fair competition, and fostering a culture of creative legal solutions becomes paramount.

IP News

April 01, 2024

Appeals Court Backs Nickelback In Copyright Infringement Case

Beyond Language: How Multimodal AI Sees the Bigger Picture

March 01, 2024

The possibilities for patenting innovative applications of multimodal models across industries are endless.

Protecting Technology-Assisted Works and Inventions: Where Does AI Begin?

March 01, 2024

Just like any new technology, efforts to protect and enforce intellectual property on AI-based technologies are likely to be hampered by a lack of both a unified governing framework and a common understanding of the technology.

Content-Licensing Payment Dispute Turns On Existence of Fiduciary Relationship

March 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.

Federal Judge Blasts Patent Trolls

March 01, 2024

A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls" — the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits — against filing cases in Delaware going forward.

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Supreme Court Hears Arguments In Corporate Trademark Infringement Remedy Calculation Case
The business-law issue of whether and when a corporate defendant is considered distinct from its affiliated entities emerged on December 11 at the U.S. Supreme Court, with the justices confronting whether a non-defendant’s affiliate’s revenue can be part of a judge’s calculation of the monetary remedy for the corporate defendant’s infringement of a trademark.
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Navigating AI Risks: Best Practices for Compliance and Security
The most forward-thinking companies embrace AI with complete confidence because they have created governance programs that serve as guardrails for this incredible new technology. Effective governance ensures AI consistently aligns with an organization’s best interests, safeguarding against potential risks while unlocking its full potential.
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What Will 2025 Bring for Legal Tech
It’s time for our annual poll of experts on what they expect 2025 to bring in legal tech, including generative AI (of course), e-discovery, and more.
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AIAs: A Look At the Future of AI-Related Contracts
AI’s rapid market proliferation and regulatory expansion mirrors privacy’s, and businesses should model their contractual AI compliance on the successes of privacy law’s DPA and BAA.
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The Death of SEO: How AI Is Impacting Search, PPC and Cookies
Traditional keyword strategies and ranking tactics are losing ground to a more dynamic approach in which optimizing for search now means optimizing for every platform and user interaction. This evolution is appropriately being called “Search Everywhere Optimization.” The redefined SEO reflects how AI is not just changing how people find information but also how businesses need to think about visibility in an increasingly connected digital ecosystem.
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