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News and expert analysis on IP developments from the courts to the USPTO.
By Jason Balich & Brandon Blackwell | May 21, 2024
For most companies, IP is their most valuable asset. When IP is created, the employee or consultant who created it freely (usually) assigns it to their employer or client. But sometimes, something goes wrong. Relationships can sour. The employee or consultant can leave. Or, the person might even pass away. If any of these things happen when there is no written assignment of the IP to the company, things can get messy.
7 minute read
By Rob Maier | May 21, 2024
In this article, Rob Maier discusses 'Luv n' Care v. Laurain and Eazy-PZ' and highlights how the case is a helpful reminder that the unclean hands doctrine is alive and well in the patent disputes context, and can be a powerful tool in an accused infringer's defense arsenal.
7 minute read
By Stephen M. Kramarsky and John Millson | May 20, 2024
A recent case in the U.S. District Court for the Eastern District of New York serves as a good reminder that, even in the absence of non-compete agreements, New York law still provides robust protection for confidential business information
11 minute read
By Alexander Lugo | May 16, 2024
Marlene Williams will help lead the firm's trademarks practice as AI-related issues continue spiking for those operating in the space.
2 minute read
By Isha Marathe | May 15, 2024
A Stability AI executive left the company to launch Fairly Trained, a nonprofit that aims to certify AI models that are trained without infringing on copyright. But investor push to "scrape now, and think later" often gets in the way.
8 minute read
By Elizabeth J. Rest | May 15, 2024
Lawsuits pitting one plush toy against another have brought trade dress law to the forefront. At the heart of the battle is whether there are protectable nonfunctional elements in Kelly Toys' Squishmallows such that Build-A-Bear's use of similar elements in its Skoosherz constitutes trade dress infringement.
6 minute read
By Marianna Wharry | May 9, 2024
Mattel is also asking to be awarded statutory damages of $2 million for every counterfeit use of the Barbie trademark.
2 minute read
By Fredrick Tsang, Antonia Sequeira and Carl Morales | May 8, 2024
This article explores the benefits and risks of AI-driven drug discovery from the legal perspective. Since the law governing IP rights in AI-driven drug discovery is still in its infant state, any future legal development is likely to have significant implications in many areas.
22 minute read
By Victoria Pfefferle-Gillot | May 7, 2024
Fish & Richardson principal Gwilym Attwell presented "Importance of IP Due Diligence in Deals Within the U.S." at LSX World Congress on April 30.
2 minute read
By Catherine Nyarady and Crystal Parker | May 7, 2024
On April 15, 2024, the U.S. Court of Appeals for the Fourth Circuit affirmed a district court decision denying trademark registration to TBL Licensing LLC for its Timberland boots.
9 minute read
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