Intellectual Property

While many have the impression that SEPs cannot be successfully asserted at the ITC, where injunction is the only remedy, a closer look at ITC case law reveals that is incorrect. Given the right circumstances, the ITC is arguably the best venue to litigate SEPs.

Read about the second part of the United States Copyright Office’s report on Copyright and Artificial Intelligence, which focuses on the question of how AI affects copyrightability.

Read about a Third Circuit ruling, which held that a creditor’s right to future royalty payments in a non-executory contract — an agreement in which one party has performed all material obligations and the other has not — could be discharged in the bankruptcy of a counterparty-debtor. The decision highlights the importance of properly structuring M&A, earn-out, and royalty-based transactions.

Explore the Federal Circuit’s evolving framework for obviousness-type double patenting (ODP), including key rulings in Gilead, Allergan, and Breckenridge, and how shared priority dates impact PTA and continuation strategies.

New guidance issued by the United States Patent and Trademark Office (USPTO) on patent subject matter eligibility under 35 U.S.C. § 101, focusing on AI and other software-related emerging technologies.

In the wake of the Supreme Court’s elimination of “Chevron deference” in the Loper decision, many commentators have suggested that the ITC’s authority over unfair imports under Section 337 might be curtailed.