The landscape of patent law for artificial intelligence (AI) and machine learning (ML) innovations has become fraught with uncertainty. The U.S. Court of Appeals for the Federal Circuit's precedential opinion in Recentive...more
7/10/2025
/ Algorithms ,
Alice/Mayo ,
Appeals ,
Artificial Intelligence ,
CAFC ,
Machine Learning ,
Patent Litigation ,
Patent-Eligible Subject Matter ,
Patents ,
Popular ,
Preemption ,
Section 101
The USPTO has issued several recent Federal Register Notices this calendar year. The latest, entitled Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office, 89...more
4/16/2024
/ Artificial Intelligence ,
Confidentiality Policies ,
Copyright ,
Executive Orders ,
Information Disclosure Statement ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
New Guidance ,
Patent Trial and Appeal Board ,
Patent Validity ,
Patents ,
Trademark Trial and Appeal Board ,
Training ,
USPTO
Close on the heels of the unanimous decision in Amgen v. Sanofi, the Supreme Court handed down another unanimous decision in Jack Daniel’s v. VIP Products. Justice Kagan wrote the opinion, with Justice Sotomayor and Justice...more
6/13/2023
/ Dilution ,
First Amendment ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
Popular ,
Rogers Test ,
SCOTUS ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks
Delineating the boundaries between trademark protection and protected speech has been a long-contested legal issue. On one hand, the Lanham Act governs the use of trademarks to protect consumers from a likelihood of confusion...more
5/31/2023
/ First Amendment ,
Free Speech ,
Intellectual Property Protection ,
Jack Daniels Properties Inc v VIP Products LLC ,
Lanham Act ,
Likelihood of Confusion ,
Parody ,
SCOTUS ,
Trademark Litigation ,
Trademark Registration ,
Trademarks
The United States Constitution provides the basis for patent laws; it says "Congress shall have power . . . to promote the progress of science and useful arts by securing for limited times to authors and inventors the...more
The much-anticipated oral arguments for the case between Jack Daniel’s and a dog toy company, VIP Products, took place at the Supreme Court of the United States on March 22. One of the issues is whether “dog toys [are]...more