IP is again being celebrated this year on April 26, with the World Intellectual Property Organization paying homage to the intersection of IP and the Sustainable Development Goals (SDGs) and “[b]uilding our common future with innovation and creativity.”...... By: BakerHostetler ..read more

Recently there has been an increase in offers and notices from companies not associated with the U.S. Patent and Trademark office (PTO)...... By: Kaufman & Canoles ..read more

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online terms of service to prohibit the use of content and information hosted on their sites to train AI systems. Disney, for example, recently updated its online Subscriber Agreement for its Disney+ service to clarify that content from the service may not be accessed, copied, or... By: Perkins Coie ..read more

The US Patent & Trademark Office (PTO) proposed new rules governing the process for Director review of Patent Trial & Appeal Board decisions in America Invents Act (AIA) proceedings. Rules Governing Director Review of Patent Trial and Appeal Board Decisions, 89 Fed. Reg. 26,807 (proposed Apr. 16, 2024) (to be codified at 37 C.F.R. pt. 42).... By: McDermott Will & Emery ..read more

In an action involving manufacturers of a self-sealing dining mat for toddlers, the US Court of Appeals for the Federal Circuit affirmed a district court’s finding that the defendants were barred from obtaining relief on their counterclaims under the unclean hands doctrine, thereby vacating the district court’s other findings on inequitable conduct, obviousness, attorneys’ fees and costs. Luv N’ Care, Ltd. et al. v. Laurain et al., Case No. 22-1905 (Fed. Cir. Apr. 12, 2024) (Reyna, Hughes,... By: McDermott Will & Emery ..read more

The US Court of Appeals for the Fourth Circuit affirmed a district court’s summary judgment grant in a trademark dispute, finding that the district court did not err in concluding that a subset of design elements lacked distinctiveness in the public’s view. TBL Licensing, LLC v. Katherine Vidal, Director of the United States Patent and Trademark Office, Case No. 23-1150 (4th Cir. Apr. 15, 2024) (Quattlebaum, Gregory, Benjamin, JJ.) TBL Licensing is commonly known as Timberland, the prominent... By: McDermott Will & Emery ..read more

In a case that pitted two sellers of construction equipment against each other — I Dig Texas, LLC v. Creager — the U.S. Court of Appeals for the Tenth Circuit was tasked with excavating the truth behind claims of false advertising and copyright infringement. The court had to dig deep to determine whether there was a solid foundation for the allegations that I Dig Texas had built its profits on the back of Creager’s copyrighted photographs and whether I Dig Texas’s “Made in the USA” claims were... By: Bradley Arant Boult Cummings LLP ..read more

This marks the second issue of WilmerHale’s FRAND Quarterly: Navigating the Global SEP Landscape, a bulletin that will highlight developments about the licensing, litigation, and regulation of patents that are or are claimed to be essential to industry standards (SEPs) and are subject to commitments to be licensed on fair, reasonable and non-discriminatory (FRAND) terms.... By: WilmerHale ..read more

On April 19, 2024, the United States Patent and Trademark Office (USPTO or Office) issued proposed modifications to the rules of practice for inter partes review (IPR) and postgrant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board). According to the USPTO, the proposals are to enhance and build upon existing precedent and guidance regarding the exercise of the Director’s discretion pursuant to the America Invents Act (AIA) to determine whether to institute an IPR... By: Weintraub Tobin ..read more

In Part 1 of Top Tips for University Spin-Outs, our Technology Companies Group set out their top tips to help startups navigate raising external financing for university spin-outs. In Part 2, we discuss the key intellectual property (IP) considerations when creating a university spin-out.... By: Orrick, Herrington & Sutcliffe LLP ..read more