Intellectual Property Law and Copyright Laws

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Intellectual property law and copyright law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering topics such as licensing and syndication, patent law, trade secrets and trademark law.
Article
Subject Matter Eligibility Declarations (“SMEDs”): A New Tool For Overcoming The § 101 Patent Hurdle
The USPTO's new Subject Matter Eligibility Declarations (SMEDs) offer patent applicants a strategic tool to overcome Section 101 rejections by submitting factual evidence that demonstrates technological improvements. This voluntary program, introduced through recent USPTO memoranda, requires examiners to substantively address submitted evidence and provides applicants with a mechanism to frame eligibility analysis before rejections are issued. Patent practitioners must understand when and how to deploy SMED
United States IP
WD
Wiggin & Dana
Article
“2” Does Not Provide Written Description Support For “1”: Federal Circuit Affirms District Court’s Invalidation Of Patent
The Federal Circuit examined whether a provisional patent application's disclosure of a C2-C12-alkyl group could support a later patent claiming a C1-C12-alkyl structure, when an intervening public disclosure by a competitor revealed the C1-alkyl compound. The court's decision hinged on whether alleged typographical errors in the provisional application could establish written description support for the broader claim scope.
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
USPTO Releases Additional NIL Trademark Resources For Student-Athletes And Brand Owners
The U.S. Patent and Trademark Office has launched a comprehensive resource page to help student-athletes, entertainers, influencers, and entrepreneurs understand how federal trademark registration can protect their name, image, and likeness rights. As artificial intelligence reshapes content creation and threatens brand authenticity through digital replicas and voice cloning, proactive trademark planning has evolved from optional to essential for anyone monetizing their personal brand.
United States IP
HK
Holland & Knight
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Trademarks
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Patent Litigation

Patent

Article
Subject Matter Eligibility Declarations (“SMEDs”): A New Tool For Overcoming The § 101 Patent Hurdle
The USPTO's new Subject Matter Eligibility Declarations (SMEDs) offer patent applicants a strategic tool to overcome Section 101 rejections by submitting factual evidence that demonstrates technological improvements. This voluntary program, introduced through recent USPTO memoranda, requires examiners to substantively address submitted evidence and provides applicants with a mechanism to frame eligibility analysis before rejections are issued. Patent practitioners must understand when and how to deploy SMED
United States IP
WD
Wiggin & Dana
Article
“2” Does Not Provide Written Description Support For “1”: Federal Circuit Affirms District Court’s Invalidation Of Patent
The Federal Circuit examined whether a provisional patent application's disclosure of a C2-C12-alkyl group could support a later patent claiming a C1-C12-alkyl structure, when an intervening public disclosure by a competitor revealed the C1-alkyl compound. The court's decision hinged on whether alleged typographical errors in the provisional application could establish written description support for the broader claim scope.
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Copyright

Article
Digital Resurrection: No Simple Legal Script
The use of artificial intelligence to digitally recreate deceased actors for film productions presents complex challenges at the intersection of technology, ethics, and intellectual property law. As this practice becomes increasingly sophisticated and widespread, questions arise about ownership rights, consent, and the legal frameworks needed to govern digital resurrection. The entertainment industry faces an evolving landscape where traditional IP protections may not adequately address these novel scenario
United States IP
DW
Dickinson Wright PLLC
Article
Intelligence Piracy: The Actor Who Was Never There
Artificial intelligence has created a new form of piracy in film and television, one that doesn't steal finished works but instead extracts the craft and identity of performers themselves. From synthetic actors like Tilly Norwood to unauthorized digital replicas of real stars, the industry faces a fundamental question: when AI learns to recreate a performer's face, voice, and mannerisms from their body of work, whose craft has been taken?
United States IP
R
Rouse
Article
Good Grief! Copyright Infringement Claims Brought Over Charlie Brown Music
Lee Mendelson Film Productions has launched multiple federal lawsuits against entities including the U.S. Department of the Interior, Heritage Auctions, and gaming companies for unauthorized use of iconic Peanuts music compositions. The cases center on the famous Vince Guaraldi jazz recordings, including "Linus and Lucy" and "O Tannenbaum," used without permission in social media posts and video games. Will these strict liability copyright claims result in substantial damages and set a precedent for protect
United States IP
K
Klemchuk
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Trade Secrets

Article
Fifth Circuit Case Shows Misappropriation Allegations May Trigger Broader RICO Exposure
The Fifth Circuit's decision in EnvTech v. DeBusk examines whether allegations of trade secret theft can satisfy RICO's pattern requirement when supported by evidence from multiple lawsuits. This ruling clarifies how companies accused of systematically misappropriating confidential information may face escalated liability beyond traditional trade secret remedies, including treble damages and broader discovery obligations.
United States IP
GT
Greenberg Traurig, LLP
Article
Key Takeaways And Access To Webinar Recording – Digital Exfiltration & Departing Employees: Protecting Trade Secrets In A Modern Risk Environment
Organizations face mounting risks as employee mobility and technology create new pathways for trade secret theft and data exfiltration. Understanding behavioral red flags, implementing layered prevention strategies, and maintaining coordinated departure protocols can mean the difference between preventing information loss and responding to costly misappropriation. What steps should legal, HR, and IT teams take to protect confidential information in today's high-risk environment?
United States IP
SS
Seyfarth Shaw LLP
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Licensing & Syndication

Article
Intelligence Piracy: The Actor Who Was Never There
Artificial intelligence has created a new form of piracy in film and television, one that doesn't steal finished works but instead extracts the craft and identity of performers themselves. From synthetic actors like Tilly Norwood to unauthorized digital replicas of real stars, the industry faces a fundamental question: when AI learns to recreate a performer's face, voice, and mannerisms from their body of work, whose craft has been taken?
United States IP
R
Rouse
Article
How Low Can You Go? Courts Lower Marking Defense Burden, Raising Patent Damages Risks
Recent federal court decisions in Texas and California have significantly lowered the evidentiary threshold for accused infringers to pursue patent-marking defenses under Arctic Cat v. Bombardier. These rulings establish that identifying potentially unmarked products—without linking them to specific patents—can satisfy the accused infringer's initial burden, fundamentally shifting the dynamics of pre-suit damages recovery. Patent owners now face heightened risks of losing substantial damages if
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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