Only a few months ago, the U.S. District Court for the District of Delaware ruled that the use of "headnotes" in a legal search tool, for the purpose of training a competing legal tool driven by artificial intelligence (AI),...more
7/1/2025
/ Artificial Intelligence ,
California ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Legal Technology ,
Machine Learning ,
Software ,
Summary Judgment ,
The Copyright Act ,
Transformative Use
Just three months ago, Acting Director of the U.S. Patent and Trademark Office (USPTO) Coke Morgan Stewart rescinded existing guidelines governing the Patent Trial and Appeal Board's (PTAB) discretion to deny petitions for...more
6/24/2025
/ Administrative Procedure Act ,
Director of the USPTO ,
Intellectual Property Litigation ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
New Guidance ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Post-Grant Review ,
Regulatory Reform ,
Statutory Interpretation ,
USPTO
We all know that a patent application can be a significant asset to a company and its valuation. However, too many companies mistakenly believe that all software is not patentable. As a result, they are failing to file patent...more
With the emergence of generative artificial intelligence (AI) platforms such as ChatGPT and Google Gemini, the widespread use of copyrighted works to train the software systems behind these programs is raising pressing legal...more
Bette Midler. Vanna White. Marylin Monroe. Each of these women has undoubtedly shaped pop culture in some meaningful way. Perhaps what is lesser known is that litigation surrounding each of these women has shaped the legal...more
Non-fungible tokens (NFTs) have reshaped our socio-legal understanding of "property." Prior to the launch of NFTs, laypersons and lawyers alike evaluated tangible and intangible assets in the context of physical (real) space....more
6/27/2024
/ Blockchain ,
Copyright ,
Copyright Office ,
Copyright Registration ,
Digital Assets ,
Intellectual Property Protection ,
Inventions ,
Non-Fungible Tokens (NFTs) ,
Patents ,
Tokenization ,
Trademarks ,
USPTO
INTRODUCTION -
Over the past couple of decades, artificial intelligence-enabled (AI) technologies have crept into the marketplace, providing businesses with internal- and external-facing services, such as customer...more
11/20/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Art ,
Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Infringement ,
Copyright Registration ,
Fair Use ,
Innovative Technology ,
Intellectual Property Protection ,
Inventors ,
Machine Learning ,
Transformative Use
Introduction - Generative artificial intelligence (GenAI) has dominated headlines for nearly all of 2023 and demonstrated that it has the potential to disrupt the economic landscape by displacing jobs and creating remarkable...more
Introduction - The U.S. Supreme Court's opinion in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith sent ripples through the legal and artistic communities. Months later, legal scholars and art journalists...more
On June 29, 2023, the U.S. Supreme Court clarified the geographic limits for U.S. trademark enforcement. Just as with enforcement of registered copyrights and issued patents, the Supreme Court ruled that a trademark owner may...more
On June 8, 2023, the United States Supreme Court unanimously ruled in favor of liquor distiller Jack Daniel's in its dispute over a dog toy designed to emulate the recognized whiskey bottle. Through this ruling, the Court...more
Artificial intelligence (AI) is undoubtedly the hottest topic in technological innovation. The truth, however, is that conventional AI programs have long been applied as enterprise solutions for a variety of company services,...more