2/3/2025 7:13:24 PM Is Fair Use Threatening to Swallow Computer Copyright Protection? By Eugene Mar This case tested the contours of the landmark Google v. Oracle computer software code fair use decision. Astronics, a military aerospace...
1/30/2025 6:26:42 PM Copyright Office Report Further Clarifies Human Authorship Requirement for Copyrightability of AI-Generated Works By Nate Garhart In a long-anticipated report from the U.S. Copyright Office providing guidance on the copyrightability of works created by and/or with...
1/6/2025 6:35:02 PM Federal Circuit Notes Patent in Rejecting Trade Dress Protection By Nate Garhart As a general rule, in order to be protectable trade dress, a feature of a product, for example, the product's color, must be...
9/20/2024 5:44:14 PM 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...
9/16/2024 6:34:36 PM 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...
9/10/2024 1:13:32 AM 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'...
8/23/2024 9:07:05 PM 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),...
8/22/2024 10:48:58 PM 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...
8/21/2024 6:15:30 PM $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...
8/14/2024 9:25:08 PM 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...
7/18/2024 12:51:30 AM 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...
7/3/2024 5:51:34 PM 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...