Intellectual Property Law and Copyright Laws

While the US patenting environment has changed dramatically in the past two years, high-tech startups still need to pursue patents—but with a different focus. Here’s how and why.

The Federal Circuit vacated a preliminary injunction in a patent infringement case involving electrical outlet cover products, finding that the district court made critical errors in its claim construction analysis. The appellate court determined that the lower court improperly imposed unsupported limitations on key patent terms and incorrectly applied a presumption of irreparable harm.

A federal district court in Idaho denied McCain Foods' post-trial motions in a design patent dispute over French fry shapes, upholding a jury verdict that found McCain's "Twisted Potato" willfully infringed Simplot's design patent. The decision reinforces critical procedural requirements for Rule 50 motions and clarifies standards for proving design patent infringement through photographs and marketing materials.

While the US patenting environment has changed dramatically in the past two years, high-tech startups still need to pursue patents—but with a different focus. Here’s how and why.

As organizations accelerate their adoption of generative AI, attention is increasingly shifting from the technology itself to the contractual frameworks that govern its use. What may appear to be standard licensing language can have significant implications for how businesses leverage AI tools, incorporate AI-generated content into their operations, and pursue future innovation strategies. This article examines one of the more consequential and evolving aspects of generative AI contracting, highlighting are

In VDPP, LLC v. Volkswagen Group of America, Inc., the Federal Circuit addressed whether a non-practicing entity that licenses its patent through settlement agreements must ensure those licensees comply with patent marking requirements under 35 U.S.C. § 287(a). The court's ruling clarifies that patent owners cannot avoid marking obligations simply because they don't manufacture products themselves...

When employees prepare to leave with your company's confidential information, specific behavioral patterns emerge that most North Carolina businesses fail to recognize until it's too late. Understanding these warning signs and knowing when to act can mean the difference between protecting your competitive advantage and losing it forever.

In our last post, we covered why building a trade secret management program matters more than blanket confidentiality designations. This post is about what a trade secret program makes possible when someone walks out the door, and why companies without one may be left with employment agreements that cannot do that job alone.

The Seventh Circuit's 2024 decision in Motorola Solutions v. Hytera Communications established that the Defend Trade Secrets Act can reach conduct outside the United States and permit recovery of damages based on worldwide sales. District courts have begun applying this precedent, expanding the potential scope of liability for cross-border trade secret disputes. The ruling raises important questions about how minimal a US connection may be before federal trade secret protection no longer applies.

Paul Bain has completed the second edition of Art Law: Cases and Controversies, a comprehensive legal guide published by LexisNexis that examines the intricate legal frameworks governing art creation, transactions, collecting, and preservation. The publication features contributions from leading professionals and addresses how traditional art law principles intersect with modern challenges posed by the Internet and artificial intelligence technologies.

Artificial intelligence has revolutionized innovation at unprecedented speed, but its rapid advancement raises critical questions about intellectual property rights. Is AI a transformative tool that lawfully builds on existing knowledge, or does it systematically infringe on the creative works and patents of inventors and artists? The answer depends on which side of this intensifying legal debate you occupy.

The U.S. government has filed a Statement of Interest of the United States of America under 28 U.S.C. § 517 in the Southern District of New York multidistrict litigation over OpenAI’s use of copyrighted works to train large language models. The filing appears to be the federal government’s first direct intervention in the wave of artificial intelligence (AI) training copyright cases, and it advises the court to treat model training (separate from use of AI to generate outputs) on copyrighted text standing alone as a highly transformative fair use under current law.