How IP Can Fuel Your Startup's Growth
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
(Podcast) The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over "ER" and "The Pitt"
The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
(Podcast) The Briefing: NBA Teams Fight Back Against Trolling – The Validity of the Discovery Rule at Stake
What Were the Cooler Wars? (Part 1) — No Infringement Intended Podcast
(Podcast) The Briefing: Westlaw v. Ross AI - Is This The End of AI Training or The Future of AI Training
The Briefing: Westlaw v. Ross AI - Is This The End of AI Training or The Future of AI Training
(Podcast) The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
The Briefing: Federal District Court Adopts Problematic “Vibe Copyright” Protection in Influencer Fight
(Podcast) The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation
The Briefing: Copyright Troll or Rightful Enforcer? The Fifth Circuit’s Curious Ruling In Sports Doc Copyright Litigation
(Podcast) The Briefing: 2025 IP Resolutions Start With a Review of IP Assets
The Briefing: 2025 IP Resolutions Start With a Review of IP Assets
Can My Band Cover Another Famous Song? — No Infringement Intended Podcast
(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?
Can You Copyright AI-Generated Content? - On Record PR
(Podcast) The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes
The Briefing: Turkey, Trademarks, Copyright, and Cranberry Sauce – IP and Recipes
Ninth Circuit reverses summary judgment in favor of pop singer Sam Smith in music copyright dispute, holding in unpublished opinion that hook in plaintiff’s song may be protectable as unique selection and arrangement of...more
Copyright law protects creative works that are “fixed in any tangible medium of expression”—but it is hard to imagine that the drafters of this language envisioned that the human body would become such a popular medium of...more
WEBER, INC. v. PROVISUR TECHNOLOGIES, INC. - Before Reyna, Hughes, and Stark. Appeal from the Patent Trial and Appeal Board. Summary: Copyright notices in product manuals, which prohibited their reproduction and...more
2023 saw a return to business as usual for the Federal Circuit. Oral arguments are once again in-person and open to the public, and the Court has resumed its former practice of holding occasional sittings outside of...more
As autonomous vehicles and associated software become more commonplace in the automotive industry, it is important to recognize which forms of intellectual property grant protection within quickly evolving areas of technology...more
Sixty years after Andy Warhol first painted Campbell Soup cans, the question of “what is art?” is again being asked of one of his works. But this time the question is being asked in the highest court of the land rather than...more
The traditional understanding in copyright law is that the concept of “prior art” is only applicable to patents and that the term is not relevant in assessing whether a defendant has infringed someone’s copyright. Patent law...more
In This Issue - Artificial Intelligence: Deepfakes in the Entertainment Industry — Advances in “deepfake” media techniques that use deep learning AI—from uncanny impersonation videos of Tom Cruise and other...more
The Ninth Circuit was recently asked to determine whether to continue to apply the Circuit’s two-part extrinsic/intrinsic test for “substantial similarity” with regard to a copyright infringement claim or to depart from this...more
Copying From a Copyrighted Computer Program May Be Fair Use to the Extent Needed to Promote Adoption of the Use of Accrued Talents in Creating a New Software Platform - In Google LLC v. Oracle America, Inc., Appeal No....more
In Vidstream v. Twitter, the Federal Circuit affirmed unpatentability of Vidstream’s patent in view of a book even though the copyright page of the version submitted had a later copyright date. Vidstream, LLC. v. Twitter,...more
In 2017, Twitter, Inc. (“Twitter”) filed two petitions requesting inter parties review (“IPR”) of U.S. Patent No. 9,083,997 (“the ’997 patent”), with the first petition directed to claims 1-19 and the second petition directed...more
VidStream LLC v. Twitter, Inc., Appeal No. 2019-1734, -1735 (Fed. Cir. Nov. 25, 2020) - In the Federal Circuit’s only precedential case last week, the Court addressed the extent to which a book published before the...more
Lanard Toys Limited v. Dolgencorp LLC, Ja-Ru, Inc., and Toys “R” US - Before Lourie, Mayer, and Wallach. Appeal from the District Court for the Middle District of Florida. Summary: A useful article is not copyrightable...more
Introducing the IP Litigation Quarterly Update, a quarterly newsletter summarizing noteworthy and interesting opinions related to intellectual property law. In this first edition covering the first quarter of 2020, the...more
As the U.S. Supreme Court kicks off its 2018 term this week, it prepares to take up a series of firsts, including questions about the America Invents Act, securities fraud and privacy-related class action litigation. At the...more
Oracle America, Inc. v. Google LLC, Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) - In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded...more
The PTAB’s recent final written decision denying a finding of unpatentability in ABS Global, Inc. v. Inguran, LLC, Case IPR2016-00927, Paper 33 (PTAB Oct. 2, 2017) highlights the importance of obtaining affidavit evidence to...more
The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more
The U.S. Supreme Court on Tuesday, March 21, 2017, held in a 7-1 decision that the defense of laches is not available under the Patent Act to bar claims for damages. SCA Hygiene Products Aktiebolag v. First Quality Baby...more
Addressing the standard for establishing whether a prior art reference qualifies as a “printed publication,” the Patent Trial and Appeal Board (PTAB) denied institution of inter partes review (IPR), finding that the...more
Laches is an equitable defense based on a plaintiff’s unreasonable delay in pursuing a claim. In 2014, the Supreme Court effectively eliminated the laches defense in copyright cases, ruling that the copyright statute allows...more
In This Issue: - The Analysis for Design Patent Infringement Post-Egyptian Goddess - Supreme Court Issues Decision in Alice Corp. v. CLS Bank - Capitol Records, LLC v. Pandora Media, Inc.: Future of...more
Copyright Claims Based on Submission of Prior Art to Patent Office Finally Dismissed: Were They The “Weakest Infringement Claims of All Time”? In April 2012, we reported on four copyright lawsuits filed by the American...more
Although the sale of its Navajo product line constituted “personal and advertising injury” within the meaning of its liability insurance policies, Urban Outfitters was not entitled to defense or indemnity for claims brought...more