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Latest documents

• Inventions- Not Trees in the Forest
• The Lawyers' Social Contract: The Ethical Ties That Bind the Legal Profession

  The legal profession subjects itself to ethical rules to deter lawyer misconduct and protect the public that have historical roots in the social contract theory

• Incorporating AI: A Road Map for Legal and Ethical Compliance

  With the potential to revolutionize industries and reshape consumer interactions, AI is becoming increasingly integral to corporate strategies

• FRAND Litigation in an Evolving Technological and Global Political Environment

  Emerging technologies and major policy shifts abroad will impact FRAND litigation and licensing in the United States in the coming years

• Creative Licensing Solutions for Shortening the Timeline to Monetization

  Successful licensing strategies provide models for de-risking standard institutional patent portfolios by developing and implementing quicker-to-market pathways

• Cultural Heritage: Applicability of Intellectual Property Systems

  Although cultural heritage does not easily fit under existing IP rights, there are routes for protection available in some cases

• One-Bite Rule for Rogers after Bad Spaniels

  While the Rogers test should continue to apply to the title of a single work, it likely no longer applies to the series title that functions as a trademark

• Patchwork Protections: The Growing Need for a Federal Right of Publicity Law

  A harmonized law would alleviate transaction costs, prevent litigation that arises from inconsistencies across state laws, and resolve issues presented by emerging technologies

• Getting Ahead of New Risks in Commercial Transactions in the Age of AI

  Companies must leverage agreements to maintain IP rights in their own data, secure IP rights in resulting products, and protect themselves against claims of infringement

• Considerations in Cross-Border Intellectual Property Agreements

Featured documents

• Cultivating the Economic Benefits of Creativity: Finding the Right Balance in IP Laws

  In an increasingly interconnected and digital culture, the United States needs an intentional strategy of balancing intellectual property rights with other legal interests to ensure vibrant economic growth from innovation and creativity....

• Patenting Nature

  Examine the rationales for limiting patent eligibility in the life sciences, the problems entailed, and proposals for expanding the scope of statutory subject matter eligibility....

• Value and Risk Considerations for Intellectual Property Collateral

  As companies leverage the value of their intellectual property beyond simple utilization in providing products or services, understanding perfection of security interests and due diligence are key....

• 16 Patent Portfolio Budgeting

  What does a patent cost from end-to-end, and how does that translate to what a patent portfolio will cost? Counsel often has optimistic pricing that doesn’t look over the entire life cycle....

• Thorny Copyright Issues-Development on the Horizon?
• What's in a Name, Likeness, and Image? The Case for a Federal Right of Publicity Law

  A federal right of publicity statute would benefit licensees as well as right holders by providing clarity and reducing transaction costs....

• Ten Years after KSR, Motivation to Combine Moves Back into the Spotlight

  Ten years after KSR, the CAFC has provided practical reminders that a proper motivation analysis is essential to a well-reasoned conclusion of obviousness....

• The USPTO Has Enacted the Trademark Modernization Act: But Now What?

  New ex parte proceedings have the potential to alleviate the trademark register of registrations that are not currently in use, but their effectiveness remains to be seen....

• Trade Secret Litigation Is Different: Should Patent Law Concepts Be Imported?

  Patents and trade secrets are different types of intellectual property requiring different litigation procedures. Courts and litigants should be aware of the dangers of conflating the two areas of law....

• Attorney-Client Privilege for In-House Counsel

  This article provides an overview of attorney-client privilege issues facing in-house counsel and practical guidance on how to address privilege issues in the corporate setting....