Intellectual Property Law and Copyright Laws

The Federal Circuit reversed a $49.4 million jury verdict in a patent infringement case involving drug-releasing biodegradable fiber implants, finding that the University of Texas's patent was anticipated by prior art...

A patent reexamination can reshape the course of an intellectual property dispute, making a thoughtful strategy essential for protecting valuable innovations. Marshall Gerstein attorneys Daniel Henry and Gabrielle Sue outline practical steps in-house counsel can take to navigate patent reexamination proceedings while minimizing risk and preserving long-term business objectives.

Canadian companies and other foreign entities face unique vulnerabilities when sued for patent infringement in U.S. courts, including broader venue exposure than domestic defendants and the risk of ITC exclusion orders blocking imports at the border. Understanding the procedural differences, enforcement mechanisms, and strategic options—from USPTO challenges to early coordination with U.S. counsel—can mean the difference between a manageable defense and a costly default or injunction.

Courts closely scrutinize covenants not to compete, examining factors like time restrictions, geographic scope, and whether employers have a legitimate protectable interest. Understanding what constitutes unfair competition versus ordinary competition is crucial for enforceability, as employers cannot simply prevent former employees from using general industry knowledge and skills.

Explore the evolving landscape of trade secret litigation a decade after the Defend Trade Secrets Act transformed federal protection for confidential business information. This analysis examines how courts have interpreted the DTSA's provisions and what companies should know about safeguarding their proprietary assets in today's competitive environment.

Recent trade secret litigation reveals critical developments in RICO claims based on employee recruitment patterns, criminal prosecution standards for identifying stolen algorithms, and the heightened particularity requirements courts now demand when pleading trade secret misappropriation. How are courts balancing the need for specificity in identifying trade secrets against the practical challenges of describing proprietary information in public filings?

Web3 does not make intellectual property law obsolete, but it changes how stakeholders create, license, distribute, and enforce IP rights across digital ecosystems. Organizations operating in this space must understand that owning a token does not include ownership of the underlying copyright or trademark rights.

As the creator economy continues to expand, individuals who derive income from digital platforms face a critical estate planning question. For those who already have an estate plan, that plan may not adequately address the unique challenges of managing, valuing and transferring digital businesses, leaving these increasingly valuable assets vulnerable to confusion, lost revenue and family conflict.

Fender's aggressive trademark enforcement campaign against guitar builders and retailers has ignited a fierce debate over intellectual property rights, fair use, and brand protection. Armed with a European court victory, the guitar giant is demanding cease-and-desist compliance worldwide, but faces significant legal hurdles in the U.S. where its iconic body shapes were deemed generic.

Navigating the complex legal landscape of licensed video games requires careful attention to intellectual property rights, approval processes, and revenue structures. From understanding what's actually included in a license to planning for the end of a licensing term, game developers face unique challenges when adapting existing franchises that don't exist with original IP.

The patent system promises inventors exclusive rights in exchange for public disclosure, but enforcement has become prohibitively expensive, creating a minimum damages threshold that effectively rations access to justice. Litigation finance and contingency arrangements have emerged not as exploitation but as necessary responses to a system where defending patent rights can cost $12-20 million, making infringement economically rational even when patents are strong.

A recent US jury verdict awarded Viasat $229 million in damages after finding that Kioxia infringed a patent covering flash memory error-correction technology. This case underscores how patents serve...