On July 23, 2025, the White House unveiled its “Winning the Race: America’s AI Action Plan” (the “Plan”), a comprehensive roadmap outlining a series of policy goals and recommended policy actions intended “for near-term...more
8/1/2025
/ Artificial Intelligence ,
China ,
Data Centers ,
Executive Orders ,
Export Controls ,
Infrastructure ,
Intellectual Property Protection ,
National Security ,
Open Source Software ,
Regulatory Reform ,
Semiconductors ,
Supply Chain ,
Trump Administration
Lower-cost products that are inspired by luxury or well-known branded products —often called “dupes”—have been a fixture in the consumer marketplace for decades. From store-brand pain relievers sold in similar packaging next...more
6/18/2025
/ Acquisitions ,
Brand ,
Comparative Advertising ,
Copyright ,
Copyright Infringement ,
Design Patent ,
Due Diligence ,
Fair Use ,
False Advertising ,
Federal Trade Commission (FTC) ,
Influencers ,
Intellectual Property Litigation ,
Social Media ,
Third-Party ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
Unfair Competition
On April 2, 2025, President Trump issued an executive order (Executive Order 142571) to implement “reciprocal tariffs” on United States trading partners (the “EO”). Although the Trump administration subsequently paused the...more
In the wake of recent mass layoffs at the U.S. Food and Drug Administration (“FDA”), the FDA is likely to have fewer resources to manage its regulatory responsibilities. One area that may be significantly impacted by such...more
Amid increasing economic tensions with the United States, China recently announced that it would ban Illumina, a U.S.-based company and the world’s leading producer of gene-sequencing machines, from importing its gene...more
Due in part to the Bayh-Dole Act of 1980, which incentivized universities to commercialize their technology, the number of academic spinouts has grown in recent years. This is particularly true in the life sciences space,...more
2/6/2025
/ Bayh-Dole Act ,
Contract Terms ,
Due Diligence ,
Intellectual Property Protection ,
IP License ,
Life Sciences ,
Patents ,
Risk Management ,
Startups ,
Technology Sector ,
Venture Capital
DeepSeek, a Chinese artificial intelligence (“AI”) startup, recently made waves across the global AI landscape with the release of its latest open-source R1 model. While some versions of DeepSeek’s model can be downloaded and...more
1/30/2025
/ Artificial Intelligence ,
China ,
Cloud Storage ,
Data Privacy ,
Data Protection ,
Data Security ,
Machine Learning ,
Personal Data ,
PRC ,
Privacy Laws ,
Privacy Policy ,
Risk Management ,
Terms of Service
Intellectual property (“IP”) policy does not weigh heavily on most voters’ minds, and so is not often addressed in presidential campaigns. This past campaign was no different – President-elect Donald Trump did not expressly...more
1/13/2025
/ Antitrust Division ,
Artificial Intelligence ,
Bayh-Dole Act ,
CFTC ,
Corporate Counsel ,
Cryptocurrency ,
Department of Justice (DOJ) ,
Federal Trade Commission (FTC) ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Machine Learning ,
NIST ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Patents ,
Pending Legislation ,
Trump Administration ,
U.S. Commerce Department ,
USPTO
In April 2024, we published a summary of the then current state of artificial intelligence (“AI”)-related copyright litigation. Since that publication, new theories for complaints and defenses have emerged in this space. As...more
The future of controlled digital lending (“CDL”), the digital equivalent of traditional library lending, is uncertain after the United States Court of Appeals for the Second Circuit’s judgment in Hachette Book Group, Inc. v....more
11/12/2024
/ Authorship ,
Compensation ,
Copyright ,
Copyright Infringement ,
Digital Services ,
Fair Use ,
First Sale Doctrine ,
Internet Archive (IA) ,
Lending ,
Right of Reproduction ,
The Copyright Act