News & Analysis as of

Injury-in-Fact Standing Intellectual Property Protection

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Newsrooms vs. Neural Nets: How Courts Are Handling DMCA Claims Against GenAI

The Digital Millennium Copyright Act (DMCA), a 30-year-old tool enacted to address the copyright implications of disrupting technologies, like Napster and Limewire, in the late 1990s, has found new utility in the age of AI....more

Knobbe Martens

The Battle of Brooklyn: Lack of Concrete Injury and Prior Collaboration Doom TTAB Actions

Knobbe Martens on

BROOKLYN BREWERY CORPORATION V. BROOKLYN BREW SHOP, LLC - Before Judges Dyk, O’Malley, and Hughes. Appeal from the Trademark Trial and Appeal Board. Summary: A challenger must demonstrate an injury in fact to have...more

Jones Day

Leahy-Corbin Proposals for “Restoring the America Invents Act”

Jones Day on

We recently reported on bipartisan legislation introduced by Senators Patrick Leahy (D) and John Cornyn (R) to significantly revamp certain features of the America Invents Act (AIA), ten years after its debut.  This proposed...more

Jones Day

Injury in Fact Required to Bring Appeal from PTAB Decision

Jones Day on

On August 3, 2018, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal from the USPTO Patent Trial and Appeal Board (PTAB) in JTEKT Corporation v. GKN Automotive Ltd. on the basis that the appellant lacked...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

Proskauer - New England IP Blog

The Federal Circuit’s Standing Requirement to Appeal Patent Office Decisions

In a recent landmark decision, the Court of Appeals for the Federal Circuit announced that not all inter partes review (“IPR”) proceedings at the U.S. Patent Office can be appealed. While anyone can file an IPR petition, not...more

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