United States: Intellectual Property

The 1975 Pet Rock phenomenon demonstrates how Gary Dahl transformed an ordinary stone into a million-selling novelty product through branding, packaging, and storytelling rather than the product itself. This case study reveals critical lessons about identifying where business value truly resides and how intellectual property strategy should align with those actual sources of competitive advantage rather than assumptions about what can be patented.

The Ninth Circuit held that GitHub Copilot's AI-generated code did not violate DMCA's copyright management information (CMI) removal provisions, even when output resembled source code, because the system generated new works through probabilistic patterns rather than retrieving and stripping information from existing copies. This decision establishes a critical distinction between AI systems that learn and generate versus those that retrieve and reproduce, with significant implications for how courts evaluat

As AI-generated art becomes increasingly sophisticated and visible in institutions like Dataland, the art world grapples with fundamental questions about distinguishing human creativity from machine output. This analysis explores the legal, commercial, and reputational implications for copyright protection, market positioning, disclosure obligations, and the evolving regulatory landscape surrounding AI use in creative industries.

As AI-generated art becomes increasingly sophisticated and visible in institutions like Dataland, the art world grapples with fundamental questions about distinguishing human creativity from machine output. This analysis explores the legal, commercial, and reputational implications for copyright protection, market positioning, disclosure obligations, and the evolving regulatory landscape surrounding AI use in creative industries.

From Lululemon's strategic response to dupe culture to landmark trade dress victories and AI-powered patent analysis, this intellectual property report examines how brands are adapting their protection strategies in an era of social media influence and technological transformation. The collection explores critical developments in trademark law, patent prosecution, and the evolving intersection of artificial intelligence with IP due diligence.

Universities drive innovation across medicine, AI, materials, and clean tech, but academic researchers face a critical challenge: the need to publish conflicts with patent protection requirements for confidentiality. Understanding how to navigate publication deadlines, filing strategies, and IP development can determine whether groundbreaking research becomes a valuable commercial asset or loses protection entirely.

Recent patent litigation orders from the United States District Court for the District of Massachusetts reveal critical claim construction disputes and discovery rulings that shape the boundaries of patent enforcement. How do courts balance claim definiteness requirements with the practical realities of patent scope, and what standards govern third-party discovery in indirect infringement cases?

The 1975 Pet Rock phenomenon demonstrates how Gary Dahl transformed an ordinary stone into a million-selling novelty product through branding, packaging, and storytelling rather than the product itself. This case study reveals critical lessons about identifying where business value truly resides and how intellectual property strategy should align with those actual sources of competitive advantage rather than assumptions about what can be patented.

The International Trade Commission has invoked its rarely used 100-day expedited procedure in a patent dispute between GG Technologies and Apple, raising questions about whether GG Technologies meets the domestic-industry investment requirements under Section 337 of the Tariff Act. Legal experts suggest the commission may be seeking to establish clearer guidelines for minimum investment thresholds in such cases.

Businesses often assume if customer names are publicly visible on LinkedIn or industry directories, those client relationships cannot be legally protected. However, a major ruling from the U.S. District Court for the Western District of Washington turns that assumption on its head.

Protecting trade secrets is harder than you might think. It is not enough to identify a trade secret and have employees sign acknowledgements of the company’s IP policy. Follow-through turns a policy into a program. If employees can leave with company laptops containing confidential information or continue to access project repositories after departure, that failure may become part of the merits in a trade secret case.

As a business and intellectual property attorney, I spend much of my practice helping corporate clients protect and enforce their intellectual property through patents. But patents are not the only game in town. Trade secrets offer an equally valid, and in many cases, a more practical and affordable means of protecting valuable proprietary information, provided a company implements and maintains reasonable protective measures.