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In February 2025, the U.S. Copyright Office released a report titled Identifying the Economic Implications of Artificial Intelligence for Copyright Policy. Edited by Brent Lutes, the Offices chief economist, the volume represents the collective insight of an ad hoc committee of economic scholars tasked with identifying the most consequential economic characteristics of AI and copyright, and what factors may inform policy discussions and decisions..
by Dennis Crouch The pending cert petition in Celanese v. ITC asks whether the sale of products made using a secret process triggers the on-sale bar post-AIA. In my view, the case sets up a fundamental tension between a straight reading of the statutory text and longstanding precedent. My bet is on the precedent. Although Congress has repeatedly tinkered with U.S. patent law over the past several decades, the America Invents Act of 2011 was clearly the most dramatic rewriting of the law since 19
It is taking longer to get a patent. Since 2020, the average time from patent filing to receiving the first action from the U.S. Patent and Trademark Office (USPTO) has risen from 14 months to 21 months, a 50% increase in only five years. Total pendency, which includes time from filing to an allowance or an abandonment, has risen by three months in the same period.
Duke University officials have spoken out against an HBO show's depiction of a main character in Duke apparel while experiencing a mental health crisis, but intellectual property attorneys say the network is likely well within its rights to use the university's images in its artistic expression. Disclaimer: This story includes spoilers from the show's third season.
Software is complex, which makes threats to the software supply chain more real every day. 64% of organizations have been impacted by a software supply chain attack and 60% of data breaches are due to unpatched software vulnerabilities. In the U.S. alone, cyber losses totaled $10.3 billion in 2022. All of these stats beg the question, “Do you know what’s in your software?
With two memoranda this week, the United States Patent and Trademark Office (USPTO) has made significant changes to trials at the Patent Trial and Appeal Board (PTAB). Those trialsintroduced in 2012 by the Leahy-Smith America Invents Act (AIA)allow a party to seek review of a U.S. patent by a three-judge panel of the PTAB. The panel considers the partys petition under both discretionary considerations and merits in deciding whether to institute review.
A Manhattan federal judge says her court can't order the U.S. Patent and Trademark Office to reject pending trademark applications, turning down counterclaims in a fight between generative artificial intelligence inference chipmaker Groq and a notable New York endocrinologist who changed the name of her company to "Groq Health.
On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) ruled in Thaler v. Perlmutter, affirming that works created solely by artificial intelligence (AI) cannot be granted copyright protection and upholding that human authorship is an essential requirement for a work to be eligible for registration.
On March 18, 2025, the United States Court of Appeals for the District of Columbia Circuit (the D.C. Circuit) ruled in Thaler v. Perlmutter, affirming that works created solely by artificial intelligence (AI) cannot be granted copyright protection and upholding that human authorship is an essential requirement for a work to be eligible for registration.
A Colorado federal judge Friday threw out Amgen's challenge to the Centennial State's drug price cap system, finding that Amgen is not subject to "direct regulation" under the law it's challenging and therefore doesn't have standing to sue.
Join Katherine Evans from Mirkwood Evans Vincent, as she sits down with IR Globals Expertise Unlocked podcast host Jennifer Riggins to discuss everything you need to know about Standard Essential Patents (SEPs), and the importance of SEPs for businesses. In this episode, we cover: - What an SEP is, and why they are important. - The Legal Framework that is governing SEPs. - The role of SEPs in modern technology and cases it has been used in. - Recent developments with the use of SEPs. -.
A federal judge in Utah has ordered a MasterCard unit to cough up over $2.8 million in legal fees for "aggressively" litigating an "objectively specious" trade secrets suit against two McKinsey consultants who went on to found one of MasterCard's onlyserious rivals in a corner of the business analytics software market.
On March 19, 2025, Wyoming Governor Mark Gordon signed into lawSenate File 107, now Enrolled Act No. 87 (the Act), which makes any covenant not to compete that restricts the right of any person to receive compensation for performance of laborvoid. The law will apply to contracts entered into on or after the effective date of July 1, 2025.
Women and diverse employees have the technical skill and knowledge, yet their contributions are not patented at the same rate as those of their male counterparts.This toolkit can help organizations move the needle on achieving gender parity in innovation.
Anthropic on Thursday moved to toss a group of journalists and authors' proposed class action accusing the artificial intelligence startup of exploiting their copyrighted work to train its large language model, Claude, telling a California federal court that its use of their works was transformative and thus "quintessential fair use.
AMP Plus, Inc. v. DMF, Inc., No. 2023-1997 (Fed. Cir. (PTAB) Mar. 19, 2025). Opinion by Reyna, joined by Lourie and Bryson. DMF owns a patent directed to a compact recessed lighting system that can be installed in a standard electrical junction box. AMP Plus, doing business as ELCO Lighting, filed an IPR petition challenging certain claims as anticipated or obvious.
The maker of Dr. Martens shoes said an affiliate of fast-fashion giant Shein shouldn't be able to dodge accusations of selling knockoff products and violating the terms of a previous intellectual property settlement agreement, arguing it has sufficiently laid out its case.
Last week, the D.C. Circuit Court of Appeals issued its opinion in Thaler v. Perlmutter. The opinion notably solidifies the U.S. Copyright Offices position that works generated autonomously (and thus solely) by artificial intelligence are not copyrightable under the U.S. Copyright Act. By: Sterne, Kessler, Goldstein & Fox P.L.L.C.
Two ad tech companies say they have reached a deal to end a lawsuit in Arizona federal court over alleged infringement of a patent covering a purportedly novel way of loading advertisements on websites.
The dispute at issue in Jack Daniels arises from a conflict between the well-known whiskey company and a dog toy company (VIP) regarding VIPs unauthorized use of Jack Daniels trademarks and trade dress in connection with a dog toy. The toy purportedly parodies the Jack Daniels brand by, for example, saying Bad Spaniels on the label.
The Ninth Circuit on Friday affirmed the dismissal of a derivative suit brought by a venture capital firm over an $11 million investment it made in a 3D printing company, with the panel finding the lower court correctly tossed the suit due to previous and ongoing "outside entanglements" between the parties.
The journey from Dr. James Naismiths invention of basketball in 1891 to todays fast-paced, high-flying game is a story of constant innovationone that perfectly showcases the importance of intellectual property.
Fashion trade associations have thrown their support behind a shoe designer who wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying there needs to be more predictability in copyright law.
On March 26, 2025, Acting Director of the United States Patent and Trademark Office (USPTO) Coke Morgan Stewart issued a memorandum (the Workload Memorandum) to all Administrative Patent Judges (APJs) of the Patent Trial and Appeal Board (PTAB or the Board). The Workload Memorandum marks major changes to discretionary denial of institution of post-grant proceedings under the America Invents Act (AIA), namely inter partes review (IPR) and post-grant review (PGR).
A Chinese pool parts supplier can't reverse a jury verdict for false advertising and deceptive business practices, a North Carolina federal judge has said, finding the company tried to bring new arguments that weren't raised at trial.
A New Jersey federal court narrowed a trade secrets theft suit brought by AIG units against a new insurer founded by former senior executives, calling claims of interference with contract, breach of fiduciary duty and unauthorized access of AIG's computers unsupported Friday.
Over the last 15 years, the discussion over the types of subject matter that are considered patent eligible under 35 U.S.C. 101 has been mostly focused on the software and biological fields. Several years ago, the Federal Circuit decision in American Axle held an axle patent ineligible because the claims covered an abstract idea.
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts such as virtual client meetings, marketing content or media interviews by understanding the medium and making intentional adjustments, says Kerry Barrett.
Key Takeaways: - The Director, in consultation with at least three APJs, will now decide the discretionary denial question, rather than having the merits panel decide the issue. - Discretionary denial will have separate briefing. - The Director will consider the workload of the PTAB in determining whether denial is warranted.
CureVac SE has fended off a challenge from BioNTech SE of its mRNA therapy patent at a European patent authority, paving the way for CureVac to forge ahead with litigation in the companies' home country of Germany accusing BioNTech of infringing its invention.
Hot on the heels of rescinding former Director Vidals June 2022 memo providing guidance on discretionary denials, Acting Director of the USPTO, Coke Morgan Stewart, issued a memo yesterday outlining new Interim Processes for PTAB Workload Management. The memo provides a new mechanism for addressing discretionary and substantive issues before institution.
The Federal Circuit declined on Friday to undo a lower court ruling that kept MylanLaboratories Ltd. from releasing a generic version of Janssen Pharmaceuticals Inc.'s schizophrenia drug Invega Trinza, rejecting Mylan's challenge to a finding that the generic drug would cause physicians to infringe a patent covering its dosing regimen.
When LaLiga claimed that Cloudflare’s refusal to enforce its terms against piracy made the company responsible for the unintended consequences of site blocking, legal action was all but inevitable. According to Cloudflare, LaLiga knew that blocking a Cloudflare IP address used by a pirate service would also block innocent Cloudflare customers sharing the same IP.
This past week in London has seen sparkling winemaker Nyetimber hit a rival distillery with an intellectual property claim, Newcastle United's former owner Mike Ashley target the club's ex-vice president for damages tied to a fraudulent investment, and a real estate agency file a legal claim against law firm Winston & Strawn LLP. Here, Law360 looks at these and other new claims in the U.K.
Last year, the Ninth Circuit said that plaintiffs could get around Section 230 in their lawsuit against the app maker YOLO because the app maker said it would ban users for inappropriate statements and would unmask harassers. This opinion raised numerous Section 230 jurisprudential issues. First, those kinds of statements are almost certainly not enforceable promises.
A North Carolina attorney and former FBI agent can't stop aviation tycoon Farhad Azima from parsing through his bank records as part of an international hacking conspiracy case, a federal judge said Friday, though he did limit the scope of the records Azima sought.
Recently, Pennsylvanias Saint Francis University announced its decision to reclassify its intercollegiate athletics program from NCAA Division I to Division III, citing the difficulty in governance associated with college athletics, which is only growing in complexity based on realities like the transfer portal, pay-for-play, and other shifts that move athletics away from love of the game.
Following the U.S. Patent and Trademark Office's rescission of the 2022 Vidal memorandum and a reversion to the standards under Apple v. Fintiv, petitioners hoping to avoid discretionary denials should undertake holistic review of all Fintiv factors, rather than relying on certain fail-safe provisions, say attorneys at Finnegan.
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