Trends In Patent Policy and Enforcement
October 31, 2025
The patent world is at a moment of change. A tremendous amount of thought, financial investment, and political capital is being devoted to transforming patents into assets that are central to the economy, international trade, and national defense. The incentives for obtaining and aggressively monetizing patents are increasing. In contrast, defending a patent litigation is becoming more difficult and the stakes are higher. Companies that take steps now to navigate these changes may be rewarded with significant competitive advantages.
The Shortcomings of the Copyright Office’s Guidance for AI-Assisted Works
October 31, 2025
AI-assisted artwork poses a simple question: When can an artist using AI tools copyright their work? Early this year, the Copyright Office addressed this issue and rejected the proposition that only prompting an AI model can create a copyrightable work. But their analysis missed that “randomness” for a computer means something entirely different than we generally think, ultimately underselling the amount of control someone can have over the model’s output.
Liability Management Exercises: Lender On Lender Violence?
October 31, 2025
Liability management exercises (LMEs) have gained considerable attention during the past few years. Whether intended for good purposes or not, LMEs have significantly disrupted the traditional loan business through aggressive priming and subordination tactics — leading some to characterize this phenomenon as lender-on-lender violence.
IP News
October 31, 2025
Federal Circuit Holds That Patentee’s Disavowal of Claim Construction Warrants Reversal of Summary JudgmentFederal Circuit Concludes That Two Organizations Lack Associational Standing to Challenge USPTO’s Denial of Petition for Rulemaking
WTF? Round Two: The Federal Circuit Grants Brunetti (and Trademark Owners) a Reprieve
September 30, 2025
In August, the Federal Circuit issued a surprisingly self-critical ruling in the long-standing dispute between Erik Brunetti and the USPTO over Brunetti’s efforts to register the term F*CK for a wide variety of goods and services. The Federal Circuit concluded that the Board’s decision in In re Brunett lacked sufficient clarity and therefore vacated it for further proceedings, which although facially unremarkable, may not only prove to be a boon to Brunetti, it may also be highly beneficial to many trademark owners who have been forced to wrestle with failure-to-function refusals.
Perplexity AI Sued for Copyright Infringement By Encyclopaedia Britannica and Miriam-Webster
September 30, 2025
A new lawsuit against Perplexity AI claims responses generated by the artificial intelligence platform violate the trademarks of Encyclopaedia Britannica and Merriam-Webster by attributing false information to their widely esteemed brands. The complaint alleges Perplexity’s generative AI “answer engine” violates the plaintiffs’ copyrights and also cites them as sources of false or incomplete information.