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Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's

January 01, 2024

Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.

IP News

January 01, 2024

Federal Circuit: PTAB Did Not Err In Finding That It Retained Authority to Issue Final Written Decision After Deadline Passed Federal Circuit: District Court Did Not Err In Finding That an Abbreviated New Drug Application Is Limited to the Uses Described Therein

The Intellectual Property Strategist Is Going Digital Only. Here's What You Need to Know.

January 01, 2024

The final print edition of The Intellectual Property Strategist will be our January issue.

CA Bankruptcy Court Throws Regulatory Concerns Aside and Sides With Cannabis Business' Chapter 11 Plan

December 01, 2023

While this case does not fully open the courthouse doors to cannabis-related businesses and seemingly grants the bankruptcy courts a great deal of discretion when ruling on similar cases in the future, cannabis-related businesses may now have a roadmap to pursue reorganization.

Director Vidal's Impact On the PTAB: Big Changes and More On the Way

December 01, 2023

Perhaps the largest impact that Director Vidal has had upon the PTAB is has been via Director Reviews. The U.S. Supreme Court mandated Director Reviews to correct procedural defects in the way that administrative patent judges are appointed to the PTAB.

Like Mushrooms After A Rainstorm: Trade Secret Cases, and Lawyers, Are Growing Exponentially

December 01, 2023

In modern times, trade secrets have long been considered mainly the province of employment lawyers dealing with more mundane issues such as customer relationships. Today, it seems trade secrets lawyers are multiplying like mushrooms after a rainstorm — coming not only from the employment bar, but also from IP, particularly the patent bar.

Designing the Future: Protecting AR/VR Innovations With Design Patents

December 01, 2023

The future is only redesigned every so often, so it is worth asking, what will this new technology look like, and how can pioneers protect their user-facing innovations that will define this emerging space? Design patents are the answer.

IP News

December 01, 2023

Ninth Circuit Upholds Copyright Infringement Dismissal In 'Jangle Vision Twins' Case

Protecting Artificial Intelligence Inventions: Takeaways from 'IBM v. Zillow' from a Patent Drafting Perspective

November 01, 2023

Part Two of a Two-Part Article In Part One, we discussed the IBM v. Zillow case, where IBM sued Zillow for infringing on seven IBM's patents directed to artificial intelligence (AI) algorithms for estimating property value. The focus was on the difficulties in establishing patent infringement on specific AI algorithms, as well as the strategic advantages of including additional patent claims that target ancillary features of an AI system. In this segment, we will analyze the claims made in the IBM v. Zillow case and present some tips for drafting AI-related claims from the perspective of patent infringement.

Federal Circuit Imperils Term-Adjusted Patents

November 01, 2023

The Federal Circuit recently upheld the Patent Office's decision to reject claims in four separate reexamination cases due to obviousness-type double patenting (ODP).

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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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