Intellectual Property

by Dennis Crouch The chart above presents the powerful trend in the use of Jepson claim language in US patents over the years. It shows a clear decline in the percentage of patents that include […]

In Cramer v. Netflix, Inc., 3:22-cv-131 (W.D. Pa. Sep. 18, 2023), the plaintiff brought a lawsuit alleging copyright infringement because a photograph flashed on the screen during the “Tiger King […]

by Dennis Crouch I have been following the pending Federal Circuit case of In re Xencor.  It is a quirky case involving both a Means-Plus-Function Claim and a Jepson claim.  In its decision, the […]

by Dennis Crouch The Supreme Court is set to consider several significant patent law petitions addressing a range of issues from the application of obviousness standards, challenges to PTAB […]

Guest Post by Jordan Duenckel. Jordan is a third-year law student at the University of Missouri and a registered patent agent. He has an extensive background in chemistry, food science, and […]

By Irina Tarsis Who does not like apples?! In November, Christie’s sold Paul Cézanne’s “Fruits et pot de gingembre,” just one of the paintings deaccessioned by the Swiss Museum Langmatt and […]

By Chris Holman Purdue Pharma L.P. v. Collegium Pharm., Inc., 2023 WL8043047 (Fed. Cir. Nov. 21, 2023) Section 326(a)(11) of Title 35 (the Patent Act) provides that the PTO “shall prescribe […]

by Dennis Crouch Universal Life Church Monastery v. American Marriage Ministries (Fed. Cir. 2023) (non-precedential) The case involves Universal Life Church Monastery’s (ULC Monastery) trademark […]

By Dea Sula There has been a global trend of restitution and repatriation of cultural objects. Hundreds of items have been repatriated in 2023.[1] Countries are passing laws to make the process more […]

by Dennis Crouch The Patent Trial and Appeal Board recently designated as precedential a portion of its Penumbra v. RapidPulse decision in that provides important guidance on the use of a provisional […]

by Dennis Crouch In August 2023, the Federal Circuit decided an important case questioning how  obviousness-type double patenting (OTDP) is impacted when the terms of two family-member patents that […]

Guest post by Jonathan Stroud and Sam Korte.  Mr. Stroud is the General Counsel of Unified Patents and Mr. Korte is Senior Principal Counsel – IP at Garmin. An exotic insurance product has […]

By RaeAnn Bell Donations are the lifeblood of many museum collections. Oftentimes, donors stipulate conditions restricting how a museum may use a gift. These restrictions might prevent the sale of an […]

By Barbie Kim Philip de Montebello is the Fiske Kimball Professor in the History and Culture of Museums at the Institute of Fine Arts, New York University. Author of multiple essays and books, […]

The creator of a LEGO brick Second Holy Temple product is accusing another LEGO creator of copyright infringement for their interpretation of the same temple. Scott Hervey and Eric […]

by Dennis Crouch I have been thinking about the potential rise in the use of means-plus-function (MPF) claims as a reaction to indefiniteness cases such as Williamson v. Citrix as well as pressure […]

By Patrick K. Lin Generative AI tools like DALL·E, Midjourney, and Stable Diffusion are dominating the cultural zeitgeist but have not received a warm reception from artists. AI companies extract […]

 About Lawrence M. Kaye In his long and illustrious career, Larry Kaye has represented foreign governments, victims of the Holocaust, families of renowned artists, and other claimants in recovering […]

While we’re in the middle of a Golden Age for the discussion of copyright and artificial intelligence, one topic that may not have received as much attention as it warrants is the interaction […]

The Supreme Court recently heard oral arguments in the case of Vidal v. Elster to determine whether the USPTO’s refusal to register the trademark “Trump Too Small” violates the applicant’s […]

A recent Federal Circuit decision, Allgenesis Biotherapeutics Inc. v. Cloudbreak Therapeutics, LLC, provides some interesting insights into patent challenge strategies, and their consequences, when a […]

The legal landscape of art law in space is avantguard and currently neither addresses the rights of artists nor protects cultural heritage sufficiently. With all that is going on on Earth, we are […]

By Yihao Ding The Two Steeds of Zhao Mausoleum, two stone horse reliefs now in the Asian collection of the Penn Museum, were made during the early Tang dynasty, between 636 and 649.[1] Along with […]

By Kouros Sadeghi-Nejad Introduction As the global climate crisis intensifies, an unlikely industry is bracing for an unpredictable storm of its own: the fine art market. The industry faces […]

By Jiasi Liu Introduction In March 2019, Ariana Grande settled a lawsuit for her “God is a Woman” music video. The suit was filed by the artist Vladimir Kush, who alleged that the video featured […]

Thomson Reuters sued Ross Intelligence for using its content to train its AI technology. Scott Hervey and Tara Sattler talk about this copyright dispute on this installment of The Briefing. […]

Many of us have said, “Bacon makes everything better.” Can you imagine the accolades someone would receive if they contributed to an invention that improves bacon? Well, it turns out that not all […]

A tattoo artist is suing Netflix for showing one of her tattoos in the series “Tiger King” without her permission. Scott Hervey and Tara Sattler discuss this case on this episode of The […]

The Federal Circuit recently issued a decision with important ramifications on how petitions for cancellation due to fraud will be handled by the Trademark Trial and Appeal Board (“Board”) going […]

2023 has been the year that governments, regulators and international organisations have all sought to get to grips with the challenges of regulating AI including the publication in April of the UK […]

The often-controversial UK Online Safety Act (the OSA) has finally become law after receiving Royal Assent yesterday, heralding the end of the era of largely self-regulation for user generated […]

Former New York prosecutor Linda Fairstein is suing Netflix over her portrayal in the limited series “When They See Us,” which tells the story of the 1989 Central Park jogger case. Scott […]

With “spooky season” dominating October holiday talk, it’s easy to forget poor old National Apple Day or simply Apple Day, which took place last Saturday and is observed every October 21. […]

The Ninth Circuit was recently asked to address the “public interest” exemption to California’s anti-SLAPP law in a class action lawsuit brought by a Plaintiff whose photo and personal […]

A few weeks ago, The Atlantic published an article titled “These 183,000 Books Are Fueling the Biggest Fight in Publishing and Tech“. This article discussed a dataset used to train some large […]

The Parmigiano Reggiano Consortium claims that Italy’s renowned Parmigiano Reggiano cheese is one of the most counterfeited cheeses in the world. Scott Hervey and Jamie Lincenberg discuss how […]

Amazon is suing two social media influencers for promoting the sale of counterfeit luxury goods on the platform. Scott Hervey and Jamie Lincenberg discuss this case on this episode of The […]

The Federal Circuit Court of Appeals has again relied on the Supreme Court’s Alice case to invalidate patents on the grounds that they are directed to an abstract idea. Realtime Data LLC v. […]

The U.S. is generally viewed as “behind” in its regulation of AI compared to the European Union and Asian countries. Yet ChatGPT’s release triggered a tsunami of U.S. legislation in 2023 from […]

Over the past year, a heated debate has surfaced regarding the use of generative AI, specifically concerning whether AI-generated images should be categorised as art. This discourse has grown quite […]

At the start of the year, I wrote a blog post, committing me to remain on Twitter. This decision stemmed from an exodus of users following Elon Musk’s takeover of the platform, where, within weeks, […]

It seems the Supreme Court will decide (again) whether a claim for copyright infringement can extend to infringement that occurred more than three years before filing suit. In Warner Chappell Music, […]

2023 has been a watershed year for AI with its entry into the broader public consciousness. AI has been front and center in the legal space as well, as this blog has detailed here and here. Now, the […]

On September 12, several French lawmakers from the Assemblée nationale presented a law proposal to the Presidency which has the objective of reform some norms in existing copyright law (text of the […]

Fables is a popular comic book series written by Bill Willingham that follows characters from fairy tales who have formed a clandestine community in New York. Willingham is the sole writer of the […]

Our colleague and leader of the firm’s China Intellectual Property team Paolo Beconcini will be speaking at the upcoming INDICAM event Let’s Take Stock: The Evolution of Counterfeiting In Asia […]

Rachael: Do you mind if I smoke? Deckard: It won’t affect the test. All right, I’m going to ask you a series of questions. Just relax and answer them as simply as you can. — It’s your […]

On August 15, 2023, the Committee published proposed amendments to Rules 16 and 26 of the Federal Rules of Civil Procedure (“Rules”). The amendments are designed to require that parties address […]

Two authors have filed a lawsuit against OpenAI for claims related to the development, use, and training of ChatGPT, these being direct copyright infringement, vicarious infringement, copyright […]

How do companies develop, protect, and enforce their brands and content across the ever-growing landscapes of Web 3.0? Lawyers from Foley Hoag’s Trademark, Copyright & Unfair Competition […]