Insights

What should you do if you get a scary letter on law firm letterhead claiming that a photo on your website or in your social media post infringes someone’s copyright and demanding thousands of dollars in damages? Your first step should be to call yo… Read More

The Federal Circuit has addressed the weight the Patent Trial and Appeal Board (PTAB or Board) should give to the intended purpose of a primary reference when evaluating the motivation of a “Person of Ordinary Skill in the Art” (POSITA) to combin… Read More

The Federal Circuit has overturned 50 years of precedent in a trademark case involving a famous West Hollywood restaurant. The case is Great Concepts, LLC v. Chutter, Inc. Great Concepts, LLC appealed the decision of the Trademark Trial and Appeal Bo… Read More

The US Supreme Court will resolve a trademark dispute over an attempt to register the mark “Trump Too Small” for printing on shirts. Elster applied for the trademark in 2018. It was inspired by an exchange of insults at a 2016 Republican presiden… Read More

January 1 every year is celebrated by some as “public domain day.” Works first published in 1928 (and sound recordings from 1923) enter the public domain on this day. Works published earlier were already in the public domain. As the US Copyright… Read More

US Patent and Trademark Office (USPTO) Director Kathi Vidal vacated and remanded a decision of the Patent Trial and Appeal Board (PTAB or Board) that found Weber, Inc. had shown by a preponderance of the evidence that certain claims of Provisur Techn… Read More

At the end of December, the New York Times sued OpenAI and Microsoft for copyright infringement, claiming that their generative AI (GAI or GenAI) tools were trained on articles published by the Times without its authorization. There have been similar… Read More

The Federal Circuit has affirmed a finding by the Patent Trial and Appeal Board (PTAB or Board) that Medtronic failed to prove that challenged claims of a Teleflex catheter patent were unpatentable. The ’116 patent is directed to a method for using… Read More