What You Need to Know: • Instead of filing multiple applications claiming different aspects of an invention but not sharing a single priority chain, patentees should strive to file highly comprehensive applications that...more
Google removed its organizational ban on the use of AI for weapons and surveillance systems. The change eliminates key portions of the tech giant’s AI Principles that banned such uses. These principles, established in 2018,...more
The NFL, MLB, NCAA and NASCAR said they support a bill introduced in Congress on Thursday that would give state and local law enforcement the ability to disable drones during sporting events, which the leagues say have become...more
A domestic industry may never be too small so long as the commercial product is 100% American-made according to the latest Federal Circuit opinion. In Wuhan Healthgen Biotech v. ITC, the Federal Circuit affirmed the...more
AT A GLANCE - Beyond whether DeepSeek used data from existing AI application program interfaces (APIs) to train its models lie concerns about whether querying an AI API may lead to trade secret misappropriation....more
As companies—and more recently, courts—have struggled to address the role of artificial intelligence (AI) in innovation, legislators are embroiled in a struggle of their own. Over the past two years, the Senate and House have...more
On January 6, 2025, the United States Court of Appeals for the Federal Circuit (“CAFC”) affirmed the decision of the Patent Trial and Appeal Board (“PTAB”) rejecting a challenge to U.S. Patent No. 7,332,277 (“the ‘277...more
Happy New Year and welcome to our 2024 Trade Secret and Restrictive Covenant Year in Review. 2024 was less stressful and dramatic than most people feared at the start of the year, but there still were some significant rulings...more
In recent years, intellectual property (IP) claims have been on the rise—patent disputes, infringement claims, unlicensed use of social media content—all often lead to expensive IP litigation. Originally published in...more
The Canadian Hockey League and its affiliate organizations have been dismissed from an antitrust suit alleging they entered unlawful deals allowing them to exploit junior players and illegally profit from their labor....more
On October 18, 2024, the U.S. Court of Appeals for the Federal Circuit issued a precedential decision addressing claim construction at the Rule 12(b)(6) stage. In UTTO Inc. v. Metrotech Corp., No. 2023-145 (Fed. Cir. Oct. 18,...more
Dow Jones & Company, Inc. and NYP Holdings, Inc. v. Perplexity AI, Inc. - Plaintiffs Dow Jones and Company, Inc. and NYP Holdings, Inc., publishers of The Wall Street Journal and New York Post, (collectively, Plaintiffs),...more
Diego Pavia became the latest college athlete to sue the NCAA. While many past NCAA lawsuits have concerned NIL, the Vanderbilt football quarterback is seeking an extra year of eligibility. His argument, in court documents...more
A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more
The Pennsylvania Supreme Court has granted a limited appeal in Pittsburgh’s challenge to a Pennsylvania court ruling that the city’s tax on visiting athletes and performers is unconstitutional. ...more
The 2010s were a heyday for bridal fashion. TLC’s “Say Yes to the Dress” reality series captivated viewers watching brides navigate family opinions and emotions while shopping for “the dress” at Kleinfeld’s Bridal in New York...more
2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more
The Dartmouth men’s basketball team voted to unionize Tuesday in an unprecedented step toward forming the first labor union for college athletes and another blow to the NCAA’s deteriorating amateur business model....more
The U.S. District Court for the Western District of North Carolina rejected several claims brought by Design Gaps, Inc. a Charlotte custom cabinetry company against a former employee and a competitor. Design Gaps, Inc. v....more
An August 2023 decision from the Federal Circuit Court of Appeals highlighted potential new fragilities in the patent portfolios of many industry giants, especially those in the pharmaceutical industry....more
A trade secret is any information used in one’s business that derives independent economic value from not being generally known. Trade secrets, unlike patents, are protected indefinitely for as long as they remain a secret....more
This is the second of a three-part series on the hot legal topics surrounding generative artificial intelligence (AI) (see Part 1: The Latest Chapter in Copyrightability of AI-Generated Works). As the quality of...more
USPTO Director Kathi Vidal recently petitioned the Supreme Court to review a Federal Circuit decision in In re Elster. There, the Federal Circuit held the USPTO unconstitutionally applied Lanham Act Section 2(c) (15 U.S.C. §...more
The assumption that artists love credit is challenged when an artist appears to repudiate their authorship. Sometimes repudiation arises from personal animus while in other instances an artist might feel that their work is no...more
The music industry has begun cracking down on brand owners’ and influencers’ unlicensed use of songs in social media posts through the filing of several lawsuits over the past few months. The lawsuits have largely targeted...more