20 Sep, 2024 DC Circuit Seems Unlikely to Answer AI Copyright Question By Nate Garhart In the hearing on the appeal of the U.S. Copyright Office's refusal to register his AI-created artwork ("A Return to Paradise," a copy of...
16 Sep, 2024 Careful What You Wish For: Demand Letters Can Result in Unintended Litigation By Nate Garhart When seeing similar trademarks or trade dress employed by a third party, companies often immediately react with a demand letter requiring...
10 Sep, 2024 Internet Archive's Book Lending May Be Coming to an End By Eugene Mar In a closely watched case, the Second Circuit upheld a decision that Internet Archive's book lending practices violated the authors'...
23 Aug, 2024 Proposed Bill Would Create Rebuttable Presumption of Injunction Following Patent Infringement Ruling By Tom Pardini The Realizing Engineering, Science and Technology Opportunities by Restoring Exclusive Patent Rights Act (RESTORE Patent Rights Act),...
22 Aug, 2024 FTC Ban on Non-Competes On Hold By Eugene Mar Three lawsuits have challenged the FTC's authority to implement a nationwide ban on non-competes. Two of those lawsuits have succeeded...
21 Aug, 2024 $2B Trade Secret Verdict Overturned on Causation By Eugene Mar This case in Virginia caught a lot of attention because Appian won a $2 billion verdict last year. The appeals court overturned the...
14 Aug, 2024 Invention is "on sale" even if it's a secret? By Eugene Mar In a case involving the secret formula used to make the sweetener for Coke Zero, the manufacturer of the sweetener sought to patent the...
18 Jul, 2024 One Judge’s Mission To Unearth Who Is Behind These Patent Trolls By Eugene Mar Judge Colm Connolly in the District of Delaware has been pressing many of the patent trolls (LLCs that only own 1 asset - the asserted...
03 Jul, 2024 Does using patents as loan collateral still create standing issues? By Eugene Mar Traditionally, the Federal Circuit had been very strict that a plaintiff must own all the rights to a patent to have standing to bring a...
25 Jun, 2024 Is corporate separateness at risk? By Eugene Mar At first, many people jumped to the conclusion that this upcoming U.S. Supreme Court case threatens corporate separateness by putting...
10 May, 2024 Bay Bridge Series Second Inning: Oakland Doubles to Right With Countersuit in "San Francisco" Airport Trademark Dispute By Nate Garhart After being sued for trademark infringement, Oakland has hit back at San Francisco with a countersuit for declaratory relief. The...
18 Apr, 2024 Another Chapter in the Bay Bridge Series? San Francisco Sues Oakland Over Airport Name By Nate Garhart Even with the A's leaving the Bay Area, we're getting an extra SF-Oakland matchup. This trademark infringement case will have some...