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(Podcast) The Briefing: Navigating the Legal Risks for Brands in Social Media Marketing – Part 2 (Archive)
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(Podcast) The Briefing: Is This Just A Copycat Influencer Case or Something More Problematic?
The Briefing: Is This Just A Copycat Influencer Case or Something More Problematic?
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Last May, the World Intellectual Property Organization (WIPO) adopted a new treaty related genetic resources and traditional knowledge thereof (the “Treaty”). The Treaty will impose new disclosure requirements on patent...more
This week, on our Spilling Secrets podcast series, our panelists discuss how to navigate “group lift-outs,” in which one company hires multiple employees from another company at or about the same time: Group lift-outs are...more
In this episode of Trending Now - An IP Podcast, Clinton Brannon and Janet Cho discuss residual goodwill in trademarks, including what it comprises and how it may be asserted....more
After getting the green light to proceed to a trial in March of 2025, Tesla and Rivian have reportedly reached an agreement to settle their trade secret dispute out of court. Tesla and Rivian officially filed for dismissals...more
New developments in Europe make a filing strategy for registered designs and trade marks even more essential for the modern consumer business. Read on to find out more....more
In a recently published opinion, Judge Lorna G. Schofield (S.D.N.Y.) found that it was appropriate to compare the accused system to a plaintiff’s commercial system embodying the asserted patent claims, rather than the patent...more
Generative AI (GenAI) is transforming the business landscape, unlocking new possibilities for innovation, productivity, and efficiency. As with any major shift, GenAI comes with its own risks, particularly in intellectual...more
The Federal Circuit has issued a precedential decision reversing a lower court’s decision that certain claims of Novartis’s patent for the heart drug Entresto were invalid due to lack of written description....more
Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications - The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTO’s ongoing efforts to address...more
In Teva Branded Pharmaceutical Products R&D, Inc. v. Amneal Pharmaceuticals of New York, LLC, the Federal Circuit jumped on the bandwagon of scrutinizing the types of patents that can be listed in the Food & Drug...more
Some works enter the public domain the moment they are created, such as the AI-generated images below. Others take their sweet time, so when they finally do arrive, it’s cause for celebration....more
Following the Inventorship Guidance for AI-Assisted Inventions, the United States Patent & Trademark Office (USPTO) has published a set of frequently asked questions (FAQs) and answers regarding the guidance...more
The U.S. Patent and Trademark Office (USPTO) previously announced a final trademark rule that will increase application filing, renewal, and other trademark-related fees effective January 18, 2025. The USPTO’s new fee...more
While Artificial Intelligence (AI) solutions, such as predictive AI, have been around for decades, generative AI systems are recent innovations with far reaching implications for patent law. Generative AI, such as ChatGPT,...more
Introduction - Post-pandemic, there has been a significant rise in digital marketing worldwide. Companies are utilising platforms (“Platforms”) like Google Ads and various social media networks to connect with prospective...more
The landscape for outsourcing, technology, and artificial intelligence (AI) transactions continues to undergo significant transformations as businesses navigate technological advancements, regulatory changes, and data privacy...more
Summary In July 2024, the Seventh Circuit concluded that the DTSA can reach all of a defendant’s worldwide sales caused by the misappropriation, so long as — in the words of 18 U.S.C. § 1837(2) — “an act in furtherance” of...more
On January 14, 2025, the Court of Appeals for the Federal Circuit in Lynk Labs, Inc. v. Samsung Electronics Co., Ltd., No. 2023-2346 (Fed. Cir.), affirmed the Patent Trial and Appeal Board’s ruling that “a published patent...more
On January 13, 2025, during the National Retail Federation’s “Big Show,” in-house attorneys from a variety of leading retailers gathered in the General Counsel's Forum to discuss key legal issues impacting the retail...more
The United States Patent and Trademark Office (USPTO) has announced changes to patent fees, which will take effect on Jan 19, 2025. Most current fees are subject to a 7.5% across-the-board increase while other fees are...more
Before Lourie, Prost, and Reyna. Appeal from the U.S. District Court for the District of Delaware. Summary: A patent was not invalid for lack of written description for failing to describe the specific infringing embodiment...more
The District of Arizona recently held that a plaintiff’s failure to mark patented products during the time period that marking was required barred it from recovering all pre-notice damages, including for a period of time when...more
Before Chen, Bryson, and Stoll. Appeal from United States District Court for the District of Delaware. Summary: Federal patent laws preempted a state-law conversion claim. Inventorship was properly evaluated using a...more
The District of Delaware recently denied a motion to dismiss a patent infringement complaint involving gene editing technology that sought relief under the Safe Harbor Provision of the Hatch-Waxman Act. Specifically, the...more
The life sciences industry has long been at the forefront of innovation, and 2025 promises to continue this trajectory with exciting developments in intellectual property (IP), licensing, and mergers and acquisitions (M&A)....more