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
Federal Circuit Distinguishes Patent Eligibility Among Different Communications Systems Claims
The Federal Circuit recently reviewed a patent infringement case involving communication systems that use non-uniform satellite constellations to transmit digital information. While the lower court had granted summary judgment on patent eligibility and found infringement, the appellate court reached a split decision on the validity of the patents. The case highlights the ongoing challenges in determining patent eligibility under the Alice framework, particularly for claims involving mathematical concepts ve
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
One Image Can Create A Copyright Problem: What Businesses Should Know Before Using Photos In Marketing
A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.
United States IP
K
Klemchuk
Article
Fair Use Or Fair Game? Navigating Copyright In Influencer Culture
As digital influencers increasingly incorporate copyrighted music, video clips, and images into their content, the legal boundaries of fair use have become critically important. This analysis examines the four-factor fair use test and reveals common misconceptions that put content creators at risk of copyright infringement. Understanding these legal principles is essential for influencers who monetize their content through ads, sponsorships, and affiliate links.
United States IP
LD
Lerner David
Article
How Can Companies Correctly Trademark NFTs And Web Products Under Updated TMEP Rules?
The USPTO imposes exacting identification requirements for Web3, gaming, and virtual media trademarks. Under TMEP § 1401.15(b), applicants cannot identify goods or services simply as "NFTs" or "virtual goods" because those terms do not describe recognizable items in commerce under the Trademark Act. To obtain trademark protection, applicants must clearly describe the asset underlying the digital representation, how it will be delivered, and how it is intended to be used.
United States IP
G
Gamma Law
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Trademark Disputes
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Trademarks
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Patent Litigation
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Patents

Copyright

Article
One Image Can Create A Copyright Problem: What Businesses Should Know Before Using Photos In Marketing
A federal copyright case over a single Facebook photograph resulted in years of litigation despite a $200 damages award, demonstrating how routine image use in business marketing can create substantial legal and financial exposure. Understanding copyright compliance, licensing requirements, and proper image-sourcing procedures has become essential for businesses seeking to avoid costly infringement disputes.
United States IP
K
Klemchuk
Article
Fair Use Or Fair Game? Navigating Copyright In Influencer Culture
As digital influencers increasingly incorporate copyrighted music, video clips, and images into their content, the legal boundaries of fair use have become critically important. This analysis examines the four-factor fair use test and reveals common misconceptions that put content creators at risk of copyright infringement. Understanding these legal principles is essential for influencers who monetize their content through ads, sponsorships, and affiliate links.
United States IP
LD
Lerner David
Article
Lawsuit Over Medical Billing Codes Could Reshape Health Care Price Transparency
A public advocate group has filed a federal lawsuit challenging the American Medical Association's copyrights over CPT medical billing codes, arguing these government-mandated codes should be freely accessible to the public. The case raises fundamental questions about whether standardized medical billing codes incorporated into federal law can remain proprietary, with significant implications for healthcare transparency and fraud detection.
United States IP
MS
Miller Shah
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Licensing & Syndication

Article
AI In The Art Market, Part 3: Human Creativity And Authenticity
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.
United States IP
HK
Holland & Knight
Article
Intellectual Property Report
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.
United States IP
BB
Baker Botts LLP
Article
Patents And University Spin-outs: Protecting Academic Innovation
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.
United States IP
JA
J A Kemp LLP
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Patent

Article
Federal Circuit Distinguishes Patent Eligibility Among Different Communications Systems Claims
The Federal Circuit recently reviewed a patent infringement case involving communication systems that use non-uniform satellite constellations to transmit digital information. While the lower court had granted summary judgment on patent eligibility and found infringement, the appellate court reached a split decision on the validity of the patents. The case highlights the ongoing challenges in determining patent eligibility under the Alice framework, particularly for claims involving mathematical concepts ve
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
Court Of Appeal Update On Timing Of UPC Opt-outs
The Court of Appeal of the Unified Patent Court has confirmed that actions can be brought concerning pending European patent applications approaching grant, and that such actions render subsequently filed opt-outs ineffective. However, a critical question remains unresolved: while the UPC is competent to hear these pre-grant actions, their admissibility based on timing has yet to be determined, leaving patent applicants in uncertain territory regarding opt-out strategy.
United States IP
JA
J A Kemp LLP
Article
UK High Court Upholds Novartis’s Sacubitril Valsartan SPC: What Is The Relevant “product”?
The UK High Court has rejected a challenge to Novartis's supplementary protection certificate for sacubitril and valsartan, addressing a fundamental question about how the "product" protected by an SPC should be defined. The decision clarifies whether a specific co-crystal formulation or the broader combination of active ingredients constitutes the relevant product under the SPC Regulation.
United States IP
JA
J A Kemp LLP
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Trade Secrets

Article
Tools Of The Trade (Secrets): Best Practices From Apple v. OpenAI
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.
United States IP
M
Mintz
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Latest Videos

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