United States: Intellectual Property

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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
NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under The AIA
The Federal Circuit's decision in NCS Multistage Inc. v. Nine Energy Service, Inc. establishes that a patentee's prior commercial sale does not automatically qualify as a public disclosure under the AIA safe harbor provision. The court clarified that the critical question is whether the inventor's actions made the subject matter of the invention available to the public, not merely whether a commercial transaction occurred.
United States IP
KG
K&L Gates LLP
Article
IP Due Diligence In Chemicals And Consumer Products: Two Issues Worth Getting Right Early
IP due diligence in chemicals, materials, and consumer products consistently reveals two critical yet preventable failures: unregistered trademarks and missed patent filing deadlines. While U.S. trademark rights arise from use, relying on common law protection leaves companies vulnerable to geographic limitations and third-party conflicts that can derail deals. Similarly, absolute novelty standards in Europe and Asia mean that premature disclosures—trade show presentations, technical data sheets, or p
Global IP
BT
Barnes & Thornburg LLP
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Article
The Ninth Circuit Affirms Dismissal Of DMCA CMI Removal Claim Against AI Code Generator – Output Is A New Work Not A Copy Of Training Data
There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.
United States IP
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
UMG v. DistroKid: When AI Becomes A Consumer Protection Issue
Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United States IP
FK
Frankfurt Kurnit Klein & Selz
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Article
Navigating Training, Improving And Competition Restrictions In Generative Artificial Intelligence (AI) Agreements
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
United States IP
HL
Hogan Lovells Cadwalader
Article
Marked For Dismissal: Settlement Licenses Sink NPE’s Pre-Suit Damages
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...
United States IP
II
Irwin IP
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Article
NCS Multistage Inc. v. Nine Energy Service, Inc.: Private Sales Are Not Necessarily Public Disclosures Under The AIA
The Federal Circuit's decision in NCS Multistage Inc. v. Nine Energy Service, Inc. establishes that a patentee's prior commercial sale does not automatically qualify as a public disclosure under the AIA safe harbor provision. The court clarified that the critical question is whether the inventor's actions made the subject matter of the invention available to the public, not merely whether a commercial transaction occurred.
United States IP
KG
K&L Gates LLP
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Article
(Updated) Inside Baseball: Business Dispute Limits Youth Baseball Events & Highlights The Importance Of Proper Business Planning
A King County Superior Court's injunctive relief ruling in a youth baseball business dispute has temporarily shut down Top Tier Sports' operations in Washington State through July 2027. The court found the defendants liable for breach of contract, misappropriation of trade secrets, and other claims after former employees of Elysian One launched a competing league. This case demonstrates the far-reaching consequences of violating non-compete and non-solicitation agreements, with implications extending beyond
United States Litigation
BB
Beresford Booth
Article
How To Build Trade Secret Protections That Actually Hold Up In Court
North Carolina businesses face significant legal risks when employees mishandle confidential information, but courts evaluate whether companies made reasonable efforts to protect their trade secrets before granting legal protection. This guide examines the specific security measures, documentation practices, and cultural safeguards that satisfy legal standards for trade secret protection under federal law and North Carolina's Trade Secrets Protection Act.
United States Commercial
Wa
Ward and Smith, P.A.
Article
Reading The Signals: Consumer Sentiment And Market Reality
Explore critical insights on workforce integration in post-acute care acquisitions, consumer sentiment analysis, bank valuation challenges in rising rate environments, AI security vulnerabilities, trade secret protection gaps, and retail pricing algorithms. Discover how operational readiness, regulatory compliance, and technological disruption are reshaping business strategy across healthcare, finance, and digital commerce.
United States Commercial
AC
Ankura Consulting Group LLC
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Is Traditional IP Enforcement Enough Protection In Vietnam’s Rapidly Digitalizing Economy? (Video)
G
Gamma Law