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A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous... more +
A repository for the most well-read content on JD Supra at any given time, along with occasional roundups of popular content by specific topic. Also stop by for monthly recaps of hot articles for the previous thirty days. less -
Proskauer - Trade Secrets

$30 Million Message: Jury Awards Substantial Punitive Damages for Trade Secret Theft

Proskauer - Trade Secrets on

A nearly decade-long legal battle in the U.S. District Court for the Northern District of Illinois recently concluded with a significant jury verdict, underscoring the potentially severe consequences of trade secret theft...more

Fenwick & West LLP

Ninth Circuit Upholds Significant Trademark Damages Award

Fenwick & West LLP on

In a closely monitored appeal, a panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a $56 million damages award against beverage company Molson Coors in Stone Brewing Co., LLC v. Molson Coors Beverage...more

Jones Day

CJEU Clarifies Copyright Protection for Software Variables

Jones Day on

The Court of Justice of the European Union ("CJEU") ruled that modifying temporary variables in the working memory of a computer without enabling the reproduction or further execution of such a program does not constitute...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

Skadden, Arps, Slate, Meagher & Flom LLP on

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Pillsbury Winthrop Shaw Pittman LLP

Is the Federal Circuit Breathing Life Back Into False Patent Marking Claims?

Pillsbury Winthrop Shaw Pittman LLP on

The Federal Circuit determined that if a company misleads consumers about the nature of a product by making false patent marking claims, it can be held liable under the Lanham Act. False marking claims under the Lanham Act...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

Seyfarth Shaw LLP

Analysis of FTC Non-Compete Ban Legal Challenges: Does the Ban Pass Constitutional Muster? (And Other Issues)

Seyfarth Shaw LLP on

On April 23, 2024, the Federal Trade Commission (FTC) voted in a 3 to 2 decision along party lines to adopt its Final Non-Compete Clause Rule (“Noncompete Rule”) banning post-employment non-compete clauses between employers...more

WilmerHale

FTC Hosts Tech Summit on Artificial Intelligence

WilmerHale on

On Thursday, January 25, the Federal Trade Commission’s (FTC) Office of Technology hosted the FTC Tech Summit to discuss key developments in artificial intelligence (AI). The FTC brought together thought leaders from across...more

Sheppard Mullin Richter & Hampton LLP

Computer Love: Beijing Court Finds AI-Generated Image is Copyrightable in Split with United States

Sheppard Mullin Richter & Hampton LLP on

In a decision issued November 27, 2023, a Chinese court ruled that AI-generated content can enjoy protection under copyright law. The finding, the first of its kind in China, is in direct conflict with the human authorship...more

Fenwick & West LLP

Enforcement of California’s Age-Appropriate Design Code Act Is Put on Ice — for Now

Fenwick & West LLP on

On September 18, 2023, a U.S. District Court judge in the Northern District of California granted a preliminary injunction enjoining California’s attorney general from enforcing California’s California Age-Appropriate Design...more

K&L Gates LLP

Recent Trends in Generative Artificial Intelligence Litigation in the United States

K&L Gates LLP on

Although still in their infancy, a growing number of recently-filed lawsuits associated with generative artificial intelligence (AI) training practices, products, and services have provided a meaningful first look into how US...more

Herbert Smith Freehills Kramer

China Enacts Groundbreaking Regulations To Vet Generative AI — Will Other Nations Follow Suit?

Herbert Smith Freehills Kramer on

Some of the world’s earliest and most detailed governmental regulations for generative artificial intelligence (AI) just went into effect in China on Aug. 15. These “Generative AI Measures” are intended to balance state...more

Morrison & Foerster LLP

Hermès Successfully Defends its Trademark in the Metaverse

Morrison & Foerster LLP on

How far does a trademark extend into the digital art world? French luxury fashion brand Hermès sought to answer this question in its precedent-setting case against artist Mason Rothschild, which concluded with a win for...more

Venable LLP

Generative AI - Copyright Overview Part 1

Venable LLP on

Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

Cadwalader, Wickersham & Taft LLP

Intellectual Property Law: Looking Forward to 2023

Cadwalader, Wickersham & Taft LLP on

With the continuing advancements of cutting-edge technologies — such as genome editing (CRISPR) and Non-Fungible Tokens (NFTs) — U.S. courts will have a full docket of challenging IP cases throughout 2023. Below are some of...more

Morgan Lewis

New Chinese Administrative Forum, CNIPA, Issues First Patent Infringement Decisions Against Generic Drug Makers

Morgan Lewis on

The China National Intellectual Property Administration, a newly established administrative authority on patent infringement disputes, recently issued its first decisions, addressing questions many companies had on the...more

BakerHostetler

Decentralized Domains: Metaverse Land Grab

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As the metaverse continues to become a more established marketplace, and consumers become more familiar with non-fungible tokens (NFTs), NFT marketplaces, decentralized domains, bitcoin, crypto wallets and the blockchain, it...more

Pierce Atwood LLP

Federal Court Rules MetaBirkin NFTs Entitled to First Amendment Protection in Hermès Trademark Case

Pierce Atwood LLP on

In one of the first trademark cases involving NFTs (non-fungible tokens), the U.S. District Court for the Southern District of New York’s opinion in Hermès International, et al. v. Mason Rothschild sheds new light on how...more

Herbert Smith Freehills Kramer

PTO’s Handling of Patent Eligibility for Blockchain Applications

Herbert Smith Freehills Kramer on

After reviewing the First District court case on 35 U.S.C. 101 for a blockchain patent, we wanted to check in and see how the U.S. Patent and Trademark Office (PTO) has been handling blockchain-related patent applications. In...more

Jones Day

NFTs: U.S., EU, and UK Key Copyright Considerations

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NFTs are verifiable cryptographic tokens, which can act as a form of digital receipt. NFTs can also be used to evidence the authenticity, ownership, and provenance of real-world items, such as artwork and real property, or...more

Proskauer - Blockchain and the Law

As NFTs Blur the Line Between “Receipt” and “Product”, Trademarks Owners Fight Over New Virtual Markets

Proskauer - Blockchain and the Law on

Last month, our post about art NFTs and the DMCA highlighted the distinction between non-fungible tokens and the copyrighted works they represent. In the context of copyright, this dichotomy is generally uncontroversial: In...more

Williams Mullen

[Webinar] CLE Institute 2021 - October 8th, 9:30 am - 4:00 pm EDT

Williams Mullen on

We are pleased to present the 2021 Williams Mullen CLE Institute, a virtual legal education program aimed to educate and provide timely legal guidance, as well as to help you to secure your CLE credits. Our 2021 programs...more

Farella Braun + Martel LLP

Insights Into the First Patent Trial in Waco, Texas - MV3 Partners v. Roku

Farella Braun + Martel LLP on

A 7-person jury in Waco, Texas, recently returned its verdict in the first patent trial held before Judge Albright: defense verdict, no finding of infringement. In the MV3 Partners v. Roku dispute, MV3 Partners had sought...more

Goodwin

No License, No Chips, No Problem: Ninth Circuit Delivers Qualcomm a Win in Antitrust Case Brought by the US Federal Trade...

Goodwin on

In a much anticipated opinion, the U.S. Court of Appeals for the Ninth Circuit reversed a California district court decision holding that Qualcomm violated U.S. antitrust laws in its licensing of standard-essential patents in...more

K&L Gates LLP

Misappropriators Beware: Motorola Court Embraces Extraterritorial Application of the Defend Trade Secrets Act

K&L Gates LLP on

On March 5, 2020, the U.S. District Court for the Northern District of Illinois entered a final judgment on a jury verdict of approximately $764.6 million in a high profile trade secret misappropriation case — Motorola...more

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