Last week, the D.C. Circuit Court of Appeals issued its opinion in Thaler v. Perlmutter. The opinion notably solidifies the U.S. Copyright Office’s position that works generated autonomously (and thus solely) by artificial...more
On Tuesday, February 11, a Delaware district court issued much-awaited summary-judgment decisions in Thomson Reuters Enterprise Centre GmbH et al v. ROSS Intelligence Inc., No. 1:20-cv-613, potentially shaping how future...more
2/13/2025
/ Algorithms ,
Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artificial Intelligence ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Intellectual Property Protection ,
Legal Technology ,
Machine Learning ,
Summary Judgment ,
Technology Sector
Inter partes activity involving design patents at the Patent Trial and Appeal Board (PTAB) was relatively low in 2024. The PTAB rendered just two inter partes decisions involving design patents: Next Step Group, Inc. v....more
1/28/2025
/ Anticipation ,
Design Patent ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Ownership ,
Patent Reissue Applications ,
Patent Trial and Appeal Board ,
Patents ,
USPTO ,
Utility Patents ,
Written Descriptions
The U.S. International Trade Commission (ITC) remains a pivotal forum for addressing intellectual property disputes under Section 337, particularly those involving design patents. Although the Commission issued no remedial...more
As we predicted in our 2023 report, 2024 was a banner year for design rights in the U.S. and elsewhere. In last year’s report, we noted that the U.S. Court of Appeals for the Federal Circuit (CAFC) agreed to consider en banc...more
1/23/2025
/ Appeals ,
CAFC ,
Canada ,
China ,
Corporate Counsel ,
Design Patent ,
EU ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Inter Partes Review (IPR) Proceeding ,
International Trade Commission (ITC) ,
Obviousness ,
Patent Invalidity ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Riyadh Design Law Treaty ,
Ukraine ,
USPTO ,
WIPO
Since platforms like Midjourney and DALL-E became popular, using text-to-image models to generate “AI art” has surged, making it increasingly difficult to distinguish between AI-generated art and human-created works. This...more
1/22/2025
/ Artificial Intelligence ,
Authorship ,
Copyright ,
Copyright Applications ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Innovation Patent ,
Intellectual Property Protection ,
Inventors ,
Legislative Agendas ,
Machine Learning ,
Regulatory Requirements ,
Technology Sector
Navigating Inventorship of AI-Assisted Inventions: USPTO’s Guidance and Implications -
The USPTO issued guidance on AI-assisted inventions on February 13, 2024. This guidance is part of the USPTO’s ongoing efforts to address...more
1/21/2025
/ Artificial Intelligence ,
Innovation Patent ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Machine Learning ,
New Guidance ,
Patent Applications ,
Patent Trial and Appeal Board ,
Patent-Eligible Subject Matter ,
Patents ,
Public Comment ,
Technology ,
USPTO
Artificial intelligence (AI) is reshaping industries, including the legal profession, with a significant impact on patent law. In 2024, the U.S. Patent and Trademark Office (USPTO) and the courts continued to address emerging...more
Global E-commerce platforms continue to grow, with many online marketplaces replacing traditional brick-and-mortar stores. While online marketplaces help legitimate products reach consumers more widely than brick-and-mortar...more
8/26/2024
/ Amazon ,
Brand ,
Consumer Product Companies ,
Copyright ,
Copyright Infringement ,
Counterfeiting ,
Design Patent ,
E-Commerce ,
eBay ,
Goods or Services ,
Intellectual Property Protection ,
Internet Retailers ,
Online Marketplace ,
Patent Infringement ,
Patents ,
Retail Market ,
Takedown Notices ,
Trademark Infringement ,
Trademarks ,
Wal-Mart
The Guidance states that the Copyright Office’s long-standing position is that human authorship is required for a work to be copyrightable and eligible for registration. Nevertheless, the Guidance provides that works created...more
Ten Section 337 Investigations were terminated in the first half of 2024. Of those ten investigations, two involved design patents. Although those investigations ended with the Commission issuing no remedial orders (including...more
7/25/2024
/ Cease and Desist Orders ,
Design Patent ,
Exclusion Orders ,
Final Determinations ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Litigation ,
Patents ,
Section 337 ,
Utility Patents
Since the release and popularization of platforms such as Midjourney and DALL-E, the past few years have seen a staggering proliferation of art made using text-to-image models—familiarly known as “AI art.” Tens of millions of...more
7/25/2024
/ Appeals ,
Artificial Intelligence ,
Artistic Works ,
Authorship ,
Copyright ,
Copyright Litigation ,
Copyright Office ,
Copyright Registration ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
New Guidance ,
Patent Cancellation ,
Regulatory Requirements
The relentless march of technological progress presents a unique challenge for the intellectual property (IP) landscape. Earlier this year, the United States Patent and Trademark Office (USPTO) issued a Request for Comments...more
6/17/2024
/ Artificial Intelligence ,
Authorship ,
Comment Period ,
Computer-Related Inventions ,
Innovation Patent ,
Innovative Technology ,
Intellectual Property Protection ,
Inventions ,
Inventors ,
Patent Applications ,
Patent Ownership ,
Patent-Eligible Subject Matter ,
Patents ,
Public Comment ,
USPTO
On May 21, 2024, the U.S. Court of Appeals for the Federal Circuit, sitting en banc, overruled more than 40 years of precedent defining the design patent obviousness standard. The decision eliminates the Rosen-Durling test,...more
Thank you for reading the February 2024 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss the advertising rights of luxury resellers and important updates to the Warner Chappell Music v. Nealy...more
3/1/2024
/ Brand ,
Copyright ,
Copyright Litigation ,
Copyright Ownership ,
Counterfeiting ,
Damages ,
Discovery ,
False Advertising ,
First Sale Doctrine ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Music ,
Music Industry ,
Petrella v. MGM ,
SCOTUS ,
Sound Recording Copyrights ,
Statute of Limitations ,
The Copyright Act ,
Trademark Infringement ,
Trademark Litigation ,
Trademark Registration ,
Trademarks ,
Unfair Competition
On February 21, 2024, the Supreme Court of the United States heard oral arguments in Warner Chappell Music, Inc. et al. v. Nealy et al. The case involves whether plaintiff music producer Sherman Nealy may recover damages for...more
2/23/2024
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Damages ,
Discovery ,
Music ,
Music Industry ,
Petrella v. MGM ,
SCOTUS ,
Sound Recording Copyrights ,
Statute of Limitations ,
The Copyright Act
Design Patent Trends at the ITC -
The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such...more
Section 337 investigations at the ITC have proven to be an efficient and powerful method for Complainants seeking relief from unfair importation. The Commission’s injunctive powers provide an attractive forum for Complainants...more
2/15/2024
/ Administrative Law Judge (ALJ) ,
Design Patent ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Legislative Agendas ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Proposed Legislation ,
Regulatory Requirements ,
Section 337
The trend of the US International Trade Commission issuing remedial orders for design patents at higher percentages than for utility patents continued in 2023.1 From 2015-2023, 356 such investigations were concluded. And of...more
All three of the challenges that the Patent Trial and Appeal Board (PTAB) instituted in 2022 resulted in a final written decision canceling the challenged patent. Two of the three final written decisions rendered in 2023 are...more
2/9/2024
/ America Invents Act ,
Anticipation ,
Design Patent ,
Final Written Decisions ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Obviousness ,
Patent Litigation ,
Prior Art ,
PTAB Precedential Opinion Panel (POP) ,
Technology
Not surprisingly, 2023 was another notable year for design rights around the globe. However, nowhere more than the U.S. did we see court decisions that will, in the case of one, and could in the case of another, have...more
2/8/2024
/ America Invents Act ,
Appeals ,
CAFC ,
Design Patent ,
EU ,
Innovation Patent ,
Innovative Technology ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Litigation ,
Patent Trial and Appeal Board ,
Section 337 ,
USPTO
Directors Tracy-Gene G. Durkin, Deirdre M. Wells, Daniel A. Gajewski, and Ivy Clarice Estoesta will present the webinar "2023 Design Patents Year in Review: Analysis and Trends" on Tuesday, January 30, 2024 at 1:00 p.m. EST....more
Thank you for reading the May 2023 issue of Sterne Kessler's MarkIt to Market® newsletter. This month, we discuss Taco Bell's attempt to cancel two TACO TUESDAY trademark registrations, and a precedential TTAB decision...more
6/1/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artists ,
Controlled Substances Act ,
Copyright ,
Drug Paraphernalia ,
Functionality ,
Generic Marks ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Patent Litigation ,
Patents ,
Pharmaceutical Patents ,
SCOTUS ,
The Copyright Act ,
Trademark Registration ,
Trademark Trial and Appeal Board ,
Trademarks ,
Transformative Use ,
USPTO
It has been nearly thirty years since the US Supreme Court has considered whether a creative work qualifies as a transformative use under the Copyright Act. The last time was in 1994, when the Court in Campbell v. Acuff-Rose...more
5/19/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Artistic Works ,
Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Corporate Counsel ,
Fair Use ,
Intellectual Property Protection ,
SCOTUS ,
The Copyright Act ,
Transformative Use
Last year, in our inaugural issue of “The Year in Review,” we reported that since the landmark jury verdict in the IP litigation between Apple and Samsung in 2012, which awarded more than $1B to Apple for infringement of...more
2/28/2023
/ Appeals ,
Cease and Desist Orders ,
Design Patent ,
Exclusion Orders ,
Final Determinations ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
International Trade Commission (ITC) ,
Investigations ,
Patent Infringement ,
Patent Litigation ,
Patents ,
Section 337 ,
Utility Patents