Who Owns Your Intelligence: A Company Should Explicitly Draft a Continuations-in-Part Clause in an Employment Agreement If It Intends to Retain That Part of a Patent
Recently, the Federal Circuit held that a continuations-in-part is materially different from a continuation in patent assignment. This holding suggests companies to explicitly mention continuations-in-part in its employment agreement with an employee if the companies want to capture any intelligence more than a continuation.
Caribbean Rhythm and Rights: U.S. Copyright Law Protects the Song, not the Sound
U.S. copyright law has not always equally upheld the rigid provisions established in landmark music cases. When the law lacks cultural competency, some genres are exploited while others are protected. Since Caribbean musicians’ ideas and expressions are often intertwined, new precedents must be established to protect this unique sound.
An Athlete’s Identity: The Power of NIL and Rise of Intellectual Property in College Sports
The rise of NIL (name, image, and likeness) deals in recent years has expanded college athletes’ access to funds beyond scholarships. Now, these young athletes are transformed into marketable brands, which raises pressing legal questions and issues about licensing agreements and trademarks.
<em>Steven Madden v. Ganni</em>: A Dupes Clash
This blog examines the proliferation of dupes in the fashion space, how consumers have reacted, and how intellectual property law in the U.S. has attempted to regulate it. Steven Madden v. Ganni exemplifies the failure of traditional IP law to regulate dupes and potential solutions to this rising circumstance.
<em>Recentive Analytics v. Fox Corp.</em>
In Recentive Analytics v. Fox Corp., the Federal Circuit held that using machine learning models in new data environments constitutes an abstract idea and lacks patent eligibility under 35 U.S.C. § 101, equating machine learning models to computers, or computer software, and signaling the need for advancement or innovation if novel applications of machine learning models are to be patentable.
<em>USAA v. PNC Bank</em> Federal Circuit Decision Discussion
This article analyzes the Federal Circuit’s decision in USAA v. PNC Bank, which invalidated PNC’s mobile check-deposit patent under 35 U.S.C. § 101. It examines the ‘638 patent, PNC’s competing mobile check-deposit technology, and procedural history, focusing on the application of the Alice/Mayo test to determine the patent eligibility of financial technology innovations.
Tension Between Fair Use Doctrine and Right to Publicity
This post explores how social media platforms, such as Cameo, have created tension between celebrities and public figures’ rights to monetize their image and control their public personas with the audience’s right to critique and comment on them under the Copyright Act’s Fair Use doctrine.
Redefining GI Distinctiveness to Aid Consumer Protections and Cultural Cooperation
This blog aims to address current issues facing foreign Geographical Indicator (GI) trademark recognition by the USPTO. It also seeks to explain why the USPTO should adopt a wider stance and recognize foreign GI marks more readily.
<em> Tube-Mac Indus., Inc. v. Campbell </em>
The Federal Circuit Court affirmed an Eastern District Court of Virginia’s decision to mandate a correction of inventorship of U.S. Patent 9,376,049 (the “’049 patent”) which added Gary Mackay and Dan Hewson as named inventors.
Steamboat Willie Enters Public Domain
On January 1, 2024, Steamboat Willie from Walt Disney Animation Studios entered the public domain. Disney successfully extended copyright through lobbying, but recent laws led to its expiration. Horror adaptations of Steamboat Willie are planned. Despite concerns, Disney's brand and trademark protections likely shield it from significant harm.
Ex’s and Oh No’s: Bad Bunny’s Ex Sues for Copyright Infringement
Puerto Rican rapper Bad Bunny was sued for copyright infringement by his ex-girlfriend who claims that her voice is used without her consent in two songs: “Pa Ti” and “Dos Mil 16.”
<em> Naterra Int’l, Inc. v. Bensalem </em>
The Federal Circuit vacated the Trademark Trial and Appeal Board’s denial of Naterra’s cancellation petition because the Board erred in their decisions regarding the first and third DuPont factors.
The Rx for Counterfeit Drugs: Protecting Pharma’s Patents and Trademarks
Gilead Sciences Inc. and Janssen Pharmaceuticals have accused Safe Chain Solutions of distributing counterfeit HIV medications. Safe Chain's unauthorized use of trademarks not only poses major public health risks, it also undermines pharmaceutical brands' integrity, emphasizing the need to protect intellectual property and trademarks in the healthcare industry.
A Collision of Precedents: Assessing the <em> LKQ Corp. v. GM Global Technology Operations LLC </em> Patent Case
For the first time since 2018, the Court of Appeals for the Federal Circuit sat en banc to review a patent case. LKQ Corp v. GM Global Technology Operations LLC marks a pivotal battle over design patents and spotlights the debate surrounding existing Court precedents.
No Redemption for This Whiskey Bottle
Diageo, brand owner of Bulleit bourbon, recently defended its victory against W.J. Deutsch & Sons, owner of Redemption whiskey. The lawsuit claimed that the round shouldered “canteen-style” bottle utilized by Redemption was similar to the designed used by Diageo.
Get a Kick Out of This
Nike filed two patent infringement lawsuits on November 6, one against New Balance in the U.S. District Court of Massachusetts and another against Skechers in the U.S. District Court for the Central District of California, concerning its Flyknit shoewear technology. Nike sued multiple other global brands such as Puma, Adidas, and Lululemon regarding this same technology in the past five years.
Industry-Specific Patent Policy
Patent scholars have long called for industry-specific patent policy; however, these policies must support cross-functional collaboration amongst different technologies to continue to foster innovation.
<em>Actelion Pharms. LTD v. Mylan Pharms. Inc.</em>
The Federal Circuit Court issued a precedential decision vacating the District Court for the Northern District of West Virginia’s claim construction order and remanded the case to consider extrinsic evidence and its impact on claim construction.
<em>Spireon, Inc. v. Flex Ltd.</em>
The Federal Circuit ruled that the TTAB failed to properly weigh the conceptual and commercial strength of a mark by not considering third-party registrations and by placing the burden to establish non-use on the applicant.
Beyond Earth: Intellectual Property Rights and Space Exploration
When intellectual property in space is involved, challenges in determining jurisdictional and legal frameworks for space activities, contrasting perspectives on extending Earth's IP laws to space, and contemplating the development of a new set of laws specific to space are prevalent. Clear and comprehensive IP laws are necessary to protect innovators and promote exploration and collaboration in the evolving space industry.