The Chevron doctrine, stemming from the 1984 Supreme Court case Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., has profoundly shaped the way U.S. regulatory agencies interpret and enforce federal statutes....more
3/19/2024
/ America Invents Act ,
Chevron Deference ,
Chevron v NRDC ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Green Technology ,
Innovation ,
Intellectual Property Protection ,
Loper Bright Enterprises v Raimondo ,
Regulatory Agencies ,
Relentless Inc v US Department of Commerce ,
SCOTUS ,
Startups ,
USPTO
Let’s say your employee, using company resources, develops a software algorithm that could revolutionize your product line. That’s great news, right? But before you issue a press release and pop the champagne corks, you must...more
2/20/2024
/ Confidentiality Policies ,
Copyright ,
Employee Inventors ,
Employment Contract ,
Hired To Invent Doctrine ,
Inventions ,
Inventors ,
Non-Compete Agreements ,
Patent Ownership ,
Patents ,
Pre-Employment Agreements ,
Scope and Duration of Restrictive Covenant ,
Work Made For Hire Doctrine
The Cetaphil #GameTimeGlow commercial, aired before the 2024 Super Bowl, has garnered attention for its portrayal of a father and daughter bonding over football, indirectly tied to Taylor Swift’s appearances at Kansas City...more
2/19/2024
/ Celebrities ,
Dilution ,
Endorsements ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Misappropriation ,
Name and Likeness ,
Taylor Swift ,
Trademark Infringement ,
Trademarks
The United States Patent and Trademark Office (USPTO) has recently set a course for the intellectual property landscape with its further guidance on AI-assisted inventions, as outlined in the Federal Register notice. This...more
In a recent and surprising turn of events, Bill Willingham, the creator of the acclaimed “Fables” comic series, declared his intention to place his creative work into the public domain. This bold move was met with swift...more
In a world propelled by innovation and technology, the evolving nature of intellectual property (IP) law and the interconnectedness of global markets often lead to disputes and legal quandaries. When an entity or an...more
1/10/2024
/ Cease and Desist ,
Counterclaims ,
Declaratory Judgments ,
Infringement ,
Innovative Technology ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Litigation Strategies ,
Patent Trial and Appeal Board ,
Patents ,
Post-Grant Review ,
Trade Secrets ,
Trademarks
The Biden administration made a significant announcement today, December 7, 2023, marking a potential turning point in the way the U.S. government handles pharmaceutical patents. The administration asserted its authority,...more
The intersection of traditional knowledge and intellectual property (IP) presents a challenging dichotomy for global legal systems. On one side lies the enormous economic potential inherent in traditional knowledge—a trove of...more
In today’s agile business environment, the line between permanent staff and short-term talent has become increasingly blurred. The “gig economy” has rapidly matured into a core component of the global workforce. According to...more
11/17/2023
/ Algorithms ,
Artificial Intelligence ,
Best Management Practices ,
Collaboration ,
Contract Terms ,
Employment Contract ,
Freelance Workers ,
Gig Economy ,
Intellectual Property Protection ,
Joint Ownership ,
Licensing Rights ,
Machine Learning ,
Patents ,
Technology ,
Transfers ,
Work-For-Hire
The recent Hollywood strikes have brought to light significant challenges at the intersection of artificial intelligence, intellectual property rights, and personal agency. The use of AI in films to de-age actors or recreate...more
11/13/2023
/ Artificial Intelligence ,
Copyright ,
Deep Fake ,
Defamation ,
Digital Media ,
Emerging Technologies ,
Entertainment Industry ,
Executive Orders ,
Intellectual Property Protection ,
Joe Biden ,
Labor Disputes ,
Machine Learning ,
Motion Picture Industry ,
Music Industry ,
Name and Likeness ,
Prior Art ,
Strike
The year is 2045. From my vantage point aboard the bustling International Space Station II (ISS II), I can see the imposing silhouette of the commercial spacecraft “Pioneer” etched against the vastness of space. It is a...more
In a world where brand identity significantly influences consumer decisions, protecting the uniqueness of one’s product or service becomes more critical than ever. At the forefront of this issue is the concept of trademarks,...more
Artificial Intelligence (AI) has rapidly become an essential component of various creative processes across multiple industries. As AI continues to advance and permeate creative fields, questions regarding the protection of...more
Artificial intelligence has rapidly advanced over the past few years, with generative AI emerging as a particularly powerful tool that can generate text, images, and art autonomously. While this technology has numerous...more
4/19/2023
/ Artificial Intelligence ,
Artists ,
Authorship ,
Copyright ,
Copyright Infringement ,
Fair Use ,
Getty Images ,
Google LLC v Oracle America Inc ,
Intellectual Property Protection ,
Machine Learning ,
Royalties ,
Technology ,
Web Scraping
The history of human civilization can be told as the story of energy. The future of civilization is going to be told through the story of the battery – how we store and use energy.
In this episode of New Frontiers, we are...more
In November 2021, Bitcoin reached its peak at over $68,000 per coin. The NASDAQ sat over 16,000. And homes were being snatched up at record prices at a record pace. What a difference a year makes....more
1/16/2023
/ Authorship ,
Bankruptcy Code ,
Bitcoin ,
Chapter 11 ,
Cryptocurrency ,
Debtors ,
Design Patent ,
Executory Contracts ,
Inventions ,
Licensees ,
Nasdaq ,
Post-Bankruptcy Covenants ,
Third-Party ,
Trademark Licenses
Some brands are notoriously hyper vigilant when it comes to protecting their intellectual property, such as the National Football League enforcing its “Super Bowl” trademark. Others are more loose, such as Netflix which often...more
In the world of architecture, there is an incredible amount of data that goes into designing a building. We are joined by Stet Sanborn and Katrina Kelly-Pitou from SmithGroup, an award-winning architectural design firm known...more
Machine learning is a powerful tool being used in countless industries and technologies. There are, however, “Bad Actors” who have attempted to exploit this technology in ways that aren’t ideal.
Joining us is Birhanu Eshete,...more
Artificial Intelligence has allowed many companies to perform complex forecasting not previously possible. Bernoulli AI is an AI-based system that can assist with resource allocation in healthcare settings.
We are joined by...more
At a recent tech conference, Bill Gates argued that the value of non-fungible tokens (“NFTs”) are “100% based on greater fool theory”—the idea that money can be made on overvalued assets as long as people are willing to bid...more
9/7/2022
/ Blockchain ,
Copyright Office ,
Corporate Counsel ,
Digital Assets ,
First Sale Doctrine ,
Intellectual Property Protection ,
IP License ,
Nike ,
Non-Fungible Tokens (NFTs) ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Transfer of Rights ,
USPTO
Many predict that the metaverse will be the next big thing in the internet’s evolution. Large tech companies, including Meta (formerly Facebook), Microsoft, and Amazon are investing massive resources into building it. Among...more
When it comes to intellectual property, the focus of most brands is to aggressively protect their assets. However, as certain brands have demonstrated in both the physical and digital worlds, a less protective approach may...more
In 2018 and 2019, Dr. Stephen Thaler filed a patent application naming Device for Autonomous Bootstrapping of Unified Sentience, known as “DABUS,” as the inventor of the resulting inventions. The application was filed in the...more
2/17/2022
/ Artificial Intelligence ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Act ,
Patent Applications ,
Patent Ownership ,
Patents ,
Popular ,
USPTO ,
WIPO
The line between artificial intelligence (“AI”) and pure human innovation has blurred as technology continues to evolve at a rapid pace. Technological advances and the parallel progress of AI has resulted in several key...more