Intellectual Property


  • headshot of Ann Kappler, executive vice president and general counsel at Prudential Financial
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    Courtesy of Prudential Financial

    9 of the year’s biggest in-house legal stories

    These are the topics that have resonated the most with readers this year. 

    By Legal Dive Staff • Dec. 2, 2022
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    Courtesy of Adidas

    Adidas to leverage IP rights to Yeezy product without his name

    Adidas “is the sole owner of the IP rights” of past, current and future designs of the rap star, Chief Financial Officer Harm Ohlmeyer said in a call. 

    By Daphne Howland • Nov. 9, 2022
  • Digital background depicting innovative technologies in (AI) artificial systems, neural interfaces and internet machine learning technologies
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    MF3d via Getty Images
    Opinion

    The time to start documenting the role of AI in inventions is now

    Patent law precludes AI as inventors, a federal circuit court rules. That reflects international standard, but the issue isn’t going away. 

    By Robert Angle and Gerar Mazarakis • Nov. 1, 2022
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    Irina Vodneva via Getty Images

    Capturing the creative act to win a patent fight

    Supporting your claim against a competitor can come down to the story you tell about your product – and keeping your competitor from telling a story about you.

    By Oct. 18, 2022
  • An inscription that says "trade secret" on a white card under a beam of light
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    Andrei Sauko via Getty Images

    Using tech to manage and protect trade secrets

    Tangibly is a new tool designed to help companies catalog their trade secrets and track who has access to them.

    By Aug. 22, 2022
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    skynesher via Getty Images

    The magic words for protecting trade secrets

    Non-disclosure and non-compete agreements should use language that creates a cause of action if a counterparty is suspected of trying to misappropriate a company’s software.

    By Aug. 19, 2022
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    hakule via Getty Images

    Thaler AI patent decision keeps assignment of rights a contractual issue

    Companies hoping to keep rights to artificial intelligence-based inventions without having to get employees to assign them over must wait until Congress gets involved, say patent specialists.

    By Aug. 18, 2022
  • A Black business executive wearing a shirt and tie sitting at his desk in an office working online with a laptop
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    FlamingoImages via Getty Images

    Large companies partner to improve diversity in IP law

    Amazon, Google and Microsoft are among those partnering with LOT Network to advance DEI through information and mentorship.

    By July 29, 2022
  • Patent judges eye USPTO oversight warily

    A 2021 SCOTUS decision has handed the agency director review authority that some call a black box, the Government Accountability Office says. 

    By July 25, 2022
  • Intellectual property, patented protection, copyright reserved or product trademark that cannot copy concept, businessman owner standing with light bulb idea locked with padlock for patents.
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    Nuthawut Somsuk via Getty Images

    Motions to amend can create 'super patents' but they're hard to get

    Whether general counsel want to recommend amendments to protect their claims is both a business and a strategic decision.

    By June 30, 2022
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    Amarin

    Novel issues arise with dismissal of drugmaker, but not insurer, from infringement case

    Should Health Net be found liable for inducing infringement against Amarin, far-reaching contractual questions could arise over indemnity matters.

    By June 24, 2022
  • A list of LOT Network member companies
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    Courtesy of LOT Network

    A growing network of companies is fighting back against patent trolls

    LOT Network is designed to help its members reduce the risk of costly patent infringement lawsuits through an agreement to share licenses.

    By June 24, 2022
  • Patent Licence Agreement text on Document form isolated on office desk.
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    syahrir maulana via Getty Images

    Biden curbs injunctions for protecting standard-setting patents

    Companies that feel their work is being used without fair compensation will have to seek monetary relief without being able to stop the infringer’s use of the technology.

    By June 9, 2022
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    Olivier Le Moal via Getty Images

    Critics hope Solicitor General prods SCOTUS on patent eligibility

    Products that might have been granted protections in the past are getting rejected by the courts because of increasing confusion over what is, and isn’t, patentable.

    By May 31, 2022
  • Intellectual Property Rights, Copyright, Patent or Trademark Infringement
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    Olivier Le Moal via Getty Images

    No IP protection for AI-invented works – at least not yet

    General counsel will have to understand novel intellectual property issues as more products spring not from employees but from algorithms.

    By May 25, 2022
  • Copyright Board launch will simplify infringement claims

    Filing and defending against cases will be cheaper and quicker because of narrowly prescribed rules, monetary caps and the opportunity to proceed without counsel.

    By May 24, 2022
  • Intellectual Property Rights, Copyright, Patent or Trademark Infringemen
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    Olivier Le Moal via Getty Images

    Protecting intellectual property after Turret Labs ruling

    Instead of using complex nonstandard confidentiality language in your license agreement, identify third-party end users and apply protective measures to them, IP lawyers say.

    By May 12, 2022
  • Due diligence document on a desk
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    designer491 via Getty Images

    Untested venture shows trial court how much money it didn't make

    Indeck Energy used the defendant’s due diligence to prove it was robbed of $16M, giving companies a road map for calculating lost profits, say Reid Skibell and Nathan Ades of Glenn Agre Bergman & Fuentes.

    By May 4, 2022