Intellectual Property Law and Copyright Laws

Companies without dedicated in-house IP counsel face critical decisions in the months following a competitor's patent issuance. Understanding the available challenge mechanisms, monitoring windows, and strategic options can help businesses address patent risks proactively rather than reactively when faced with enforcement actions.

When outdoor apparel giant Patagonia sued drag queen and climate activist Pattie Gonia over trademark infringement, the case ignited a firestorm of public backlash that transcended legal boundaries. This dispute examines how trademark enforcement collides with cultural expression in the drag community, where performers traditionally adopt playful names referencing established brands, and explores the delicate balance between protecting intellectual property rights and maintaining brand reputation

Intellectual property has become central to innovation and entrepreneurship, yet most students receive little instruction on protecting ideas or understanding creative rights. This article explores how schools can introduce age-appropriate IP concepts from elementary through college, equipping future professionals with essential knowledge to navigate ownership, collaboration, and commercialization in the modern economy.

As artificial intelligence transforms medtech innovation, startups face a critical challenge in protecting intellectual property early enough to preserve its value without slowing development. Marshall Gerstein partner Ryan Phelan and Stephanie Rupp of Hoffmann Eitle discuss how AI is changing medtech innovation and the IP strategies founders should consider as they develop, fund, and commercialize new technologies.

Companies without dedicated in-house IP counsel face critical decisions in the months following a competitor's patent issuance. Understanding the available challenge mechanisms, monitoring windows, and strategic options can help businesses address patent risks proactively rather than reactively when faced with enforcement actions.

In The Receivership Estate of AudienceScience Inc. v. Google LLC, the Federal Circuit affirmed a district court’s grant of judgment on the pleadings that patents covering targeted advertisement are ineligible under 35 U.S.C. § 101 and affirmed dismissal without leave to amend.

Intellectual property has become central to innovation and entrepreneurship, yet most students receive little instruction on protecting ideas or understanding creative rights. This article explores how schools can introduce age-appropriate IP concepts from elementary through college, equipping future professionals with essential knowledge to navigate ownership, collaboration, and commercialization in the modern economy.

The Federal Circuit's recent decision in Dental Monitoring SAS v. Align Technology, Inc. raises critical questions about patent eligibility for AI-based inventions in specialized fields. Marshall Gerstein Partner Ryan Phelan examines whether applying conventional machine learning to domain-specific problems, even with large training datasets, satisfies Section 101 requirements. His analysis reveals what patent practitioners and companies must demonstrate to establish patent eligibility for AI-related innova

The Fifth Circuit has rejected the Ninth Circuit's "server test" for copyright infringement in embedded content cases, establishing a new "transmit requirement" standard that examines where content originates and whether transmission was authorized. While reaching similar practical outcomes, this transmission-focused approach creates new considerations for publishers and aggregators regarding technical controls, server configurations, and content sourcing practices.

Remote work, overseas vendors, and AI tools have created new vulnerabilities in trade secret protection that standard policies haven't addressed. Understanding these modern risks and implementing specific safeguards is essential for North Carolina businesses to maintain legal protection of their confidential information.

Not every valuable innovation is patented. For a lot of companies, the important intellectual property is a process, a formula, a customer file, or know-how that never shows up in a public filing. That information can be a trade secret. It is only a trade secret if the company treats it like one.

Intellectual property has become central to innovation and entrepreneurship, yet most students receive little instruction on protecting ideas or understanding creative rights. This article explores how schools can introduce age-appropriate IP concepts from elementary through college, equipping future professionals with essential knowledge to navigate ownership, collaboration, and commercialization in the modern economy.