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  • Lights, Camera, Algorithm: The Day Hollywood Lost to the Machine

    Written by Misha Solodovnikov on June 30, 2025

    Artificial Intelligence isn’t pushing boundaries anymore. It’s smashing them. The film and music industries are bracing for impact. Studios are nervous. What once took armies of artists, writers, and directors can now be done in minutes by machines. And the machines are getting really good.
  • Interstellar IP: Unusual Inventions for Manipulating Spacetime, Constructively Reduced to Practice

    Written by Elijah E. Cocks on June 30, 2025

    Bright ideas are as plentiful and varied as the stars in our universe. But under patent law, a conceived idea does not become an invention for which intellectual property (IP) protection may be sought until it is reduced to practice. Long gone are the days when the U.S. Patent Office required that a working model of an invention be submitted with every patent application. It is not required to actually build an invention to reduce it to practice. Instead, the filing of a patent application itself serves as a “constructive” reduction to practice of the disclosed invention. This, of course, does not mean these inventions are necessarily patentable. Whether patentable inventions or not, this article considers some examples of unusual patent-attempted concepts concerning spacetime, black holes, wormholes and more, as constructively reduced to practice by their filing as patent applications that has provided their disclosure in the public record of the galaxy forevermore.
  • Think Twice Before Splitting Invalidity Theories Between the PTAB and District Court

    Written by Bruce Dekock and Scott Davis on June 30, 2025

    Patent defendants have two potential forums to invalidate patents asserted against them: the district court in which they were sued and the USPTO. Filing an Inter Partes Review (IPR) proceeding at the USPTO is a common strategy. The defenses that can be raised in an IPR proceeding are by statute more limited than those in a district court, and the potential estoppel resulting from an IPR decision causes practitioners to carefully consider whether to request IPR and what grounds to raise at the USPTO. On the flip side, in the IPR proceeding the accused infringer “only” needs to prove unpatentability by a preponderance of the evidence, while in a district court the defendant must establish invalidity by clear and convincing evidence. A wary defendant may be tempted to divide invalidity arguments between the two forums, but there are potential downsides of such a strategy.
  • Strategic Patent Invalidation in the Age of AI: Tools, Tactics, and Techniques That Work

    Written by Anant Kataria on June 30, 2025

    In litigation or high-stakes licensing, the strength of a patent is rarely taken at face value. Whether defending against infringement, navigating cross-licensing negotiations, or advising on portfolio development, one question can reframe the entire matter: Can this patent be invalidated?
  • AI Regulation & Trade Secrets Protection – Do they conflict?

    Written by Matthew D’Amore on June 30, 2025

    The past year produced a flurry of state legislative efforts to address the risks associated with the increasing capabilities of artificial intelligence systems. While generative AI systems like ChatGPT draw attention in public discourse, the enacted and proposed state laws reach other algorithmic systems whose use might present a risk to the public. At the same time, these efforts may present a risk to the trade secrets employed in developing and deploying the regulated AI systems.
  • Insurance Coverage Opportunities for Trademark Dilution Claims

    Written by David A. Gauntlett on June 30, 2025

    A typical trademark suit will assert various causes of action with names familiar to the average person, including the well-known trademark infringement. Unfortunately for policyholders, these claims are typically excluded by a policy’s IP exclusion.[1] Though less known, trademark dilution is also common and can often be leveraged to attain coverage for the entire suit. This path to coverage is rarely recognized by insurance claims handlers, leading to a quick denial. Luckily, experienced coverage counsel can explain that mistake and secure coverage despite an initial denial.
  • Foreign Filing Licenses (FFLs) and their Alternatives for Patenting Inventions with India Resident Inventors

    Written by Dr. Mohan Dewan on June 30, 2025

    Inventors residing in India have made substantial contributions to global progress. Many of these individuals pursue education and careers abroad, collaborating with prestigious organizations and universities, where they develop inventions that are patentable and hold significant commercial value. Complex residency determinations must be considered to determine if a Foreign Filing License or alternatively a Provisional Specification (PS) must first be requested or filed prior to filing outside of India.
  • A Track I to PTA delay, delay, delay

    Written by Todd Martin on December 16, 2024

    For many of us, a Track I case means quick, efficient examination with a prosecution resolution in less than a year, with a patent grant potentially within 3 to 6 months. Like business class travel, if you want the special service, you typically have to pay for it. For Track I, those fees are presently $4,200 (large entity), or $1,680 (small entity).
  • Reassessing the Right to Copy and Use a Product or Process of an Expired U.S. Patent in View of Allergan

    Written by John D. Vandenberg on December 16, 2024

    In 1997, I stated in measured tones to a panel of the Federal Circuit that U.S. patent law creates a right to copy and use designs described but not claimed in a U.S. utility patent, quoting the Supreme Court[1]. Judge Rich responded in unmeasured tones: “I wrote the patent laws, and they have no right to copy!” We were both right, but only Judge Rich, naturally, wrote the opinion.[2]
  • Where Are All the Software Output Lawsuits?

    Written by Evan Zimmerman on December 16, 2024

    Intellectual property rights have a general requirement that they come from people. In patent law, this is called inventorship. In copyright law, authorship. Although these rights can be assigned to corporations, in general the position of nearly every government office is converging on the opinion that inventors and authors must be people. The stakes are particularly high because failing to include an individual inventor or author means the death of that IP.
  • Exposing the Flaws: Dystopian Science Fiction as a Critique of Intellectual Property Laws

    Written by Daniel Mendoza on December 16, 2024

    Dystopian science fiction frequently portrays exaggerated and speculative scenarios that serve as critical commentaries on intellectual property (IP) laws. By envisioning grim futures shaped by unchecked technological and societal advancements, these narratives provide a unique perspective on the shortcomings and societal impacts of current IP systems. This analysis employs comparative literature and thematic exploration to examine how seminal films and novels, such as Gattaca (1997), The Running Man (1982), Minority Report (2002), and Neuromancer (1984), expose issues such as monopolistic control, stifled innovation, and ethical dilemmas associated with IP laws. Through these works, we see how IP regulations can deepen economic disparity, restrict access to technology, and hinder creativity. The study advocates for broadening research into additional sci-fi works and integrating interdisciplinary approaches to inspire innovative legal reforms. By dramatizing potential consequences, science fiction plays a critical role in reshaping IP laws to enhance fairness, innovation, and accessibility.
  • Saga of American Live Sporting Events, Streaming Platforms, and Cybersecurity Law

    Written by Misha Solodovnikov on July 5, 2024

    The global Over-The-Top (OTT) Sports[1] Streaming market[2] is projected to soar to $325 billion by 2024 and $420 billion by 2028[3]. However, amidst this growth[4], the industry faces staggering losses. Key players in the streaming market include Paramount+, ESPN+, Peacock, Prime Video, Apple TV+ and regional streaming services such as Monumental Sports. Sports content stands as the final stronghold within the linear TV ecosystem, dominated by live events such as the Super Bowl and NCAA's March Madness, which collectively commanded over 95% of viewership last year.
  • Found in Space: Patented Technologies of NASA on Earth and Beyond

    Written by Elijah E. Cocks on July 5, 2024

    Space exploration takes innovation. Overcoming the challenges of reaching the final frontier requires constant development of creative solutions. Space agencies, like NASA, have generated and implemented novel technologies for many spacecraft applications, from Earth’s orbit to interstellar space. But what about the impact here on Earth of these technologies?
  • AI Aids for Patent Prosecution - Product Review

    Written by Henry H. Perritt, Jr. on July 5, 2024

    Patent search and drafting of patent applications are good uses for generative AI, popularized by Chat GPT. The subject matter is well defined, and the publicly available database of patents and patent applications is enormous, facilitating good machine learning with large language models used by Chat GPT and its competitors.
  • Green Drive: Patents Fuel Japan’s EV and Hybrid Technology Surge

    Written by Mayo Komiyama on July 5, 2024

    Vehicles play a central role in both logistics and daily activities. Known for its leadership in sustainable transportation, Japan's automotive industry is at the forefront of developing electric vehicle (EV) and hybrid electric vehicle (HEV) technologies. This article explores how these elements are driving innovation and green practices in the industry, including key collaborations among automakers, strategic patent filings, and the environmental impact of EVs and HEVs.
  • Patent Rights Exhaustion in Mexico

    Written by Claudio Ulloa and Mariana Gonzalez on July 5, 2024

    Exhaustion of intellectual property (IP) rights refers to the principle that once a copyrighted work, patented invention, or trademarked product has been sold or otherwise legally transferred to a buyer, the rights of the IP holder with respect to that specific item are "exhausted." In other words, the IP owner's control over the further distribution or use of that specific item is limited.
  • The Patent Term Adjustment Dilemma in an Obviousness-Type Double Patenting Analysis

    Written by Babak Akhlaghi on July 5, 2024

    This Federal Circuit case delves into the realm of an obviousness-type double patenting (ODP) rejection. An ODP is a US court-created doctrine that restricts applicants from obtaining multiple patents for the same invention. See, In re Lonardo, 119 F.3d 960, 965 (Fed. Cir. 1997). This prevents applicants from extending the period of exclusivity by obtaining a second patent that is obvious over the first, and hence, not patentable over the first patent. To overcome the ODP rejection, a patent applicant can file a terminal disclaimer to disclaim any overlapping terms between the two patents. Interestingly, this case explores whether a Patent Term Adjustment (PTA), which compensates for delays by the USPTO in granting a patent, affects an ODP analysis. The PTA extends the patent's lifespan beyond the standard 20 years from filing. Imagine a scenario where two related patents would have expired simultaneously, but one receives a significant PTA. Can the earlier expiring patent be used to reject the later expiring patent based on double patenting?
  • Tricky Ticket Websites

    Written by Jamie Clark on January 12, 2024

    Picture this scenario: You discover that your favorite artist has announced a long-awaited tour, the must-see musical is coming to your town, or the top mixed martial artist is facing off against their fiercest rival. Excitedly, you go online and enter the artist’s, musical’s, or fighter’s name into the search bar, and to your astonishment and good fortune, the top search results display available tickets! You click on the website and make your purchase, only to later realize that the tickets aren’t officially on sale yet or that you’ve paid significantly more than the going ticket price. Or, to make matters worse, you arrive at the venue and present your tickets, only to be told that your assigned seats don’t exist. What happened? How is this possible? You bought your tickets from the venue’s website, or so you thought.
  • Tribal Sovereign Immunity and Piracy: From Blackbeard to Copyright

    Written by Kehl Van Winkle on January 12, 2024

    At the height of the “Golden Age of Piracy,” Edward Teach, better known by his infamous moniker Blackbeard, lost his ship, Queen Anne’s Revenge, in a shipwreck off the coast of the South Carolina port of Beaufort. At the time Beaufort was a small, poor, village with people who lived under “constant threat from the Indians of the area.” Over 200 years after the sinking of Queen Anne’s Revenge, a marine salvage company discovered the wreckage of Blackbeard’s lost ship.
  • Cryptocurrency Regulation: Striking a Balance for Innovation

    Written by Misha Solodovnikov on January 12, 2024

    The world of cryptocurrency and blockchain technology has been nothing short of revolutionary. In just over a decade, we've witnessed the rise of over eleven thousand cryptocurrencies, each with its own unique proposition and potential. This dizzying pace of innovation, however, has outpaced the development of appropriate regulatory measures, leaving the industry in a state of uncertainty and ambiguity.