Expert Analysis

• Opinion

  Waiving COVID-19 IP Protections Would Harm US Industry

  

  President Joe Biden should turn down a World Trade Organization proposal to waive crucial intellectual property protections behind COVID-19 tests and diagnostics — protections that allow U.S. companies to sustain millions of jobs and develop life-saving treatments that benefit patients in every country, says former U.S. Circuit Judge Paul Michel, now at the Council for Innovation Promotion.

• Fed. Circ. Patent Decisions In 2023: An Empirical Review

  

  The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.

• What The Law Firm Of The Future Will Look Like

  

  As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

• 4 PR Pointers When Your Case Is In The News

  

  Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

• Trouble Indemnity: IP Lawsuits In The Generative AI Boom

  

  Attorneys at Ropes & Gray explore the contours of the intellectual property indemnification protections offered by providers of generative AI models — including their scope, coverage, conditions, exclusions and caps — to assess where businesses may still face liability exposure.

• 6 AI Cases And What They Mean For Copyright Law

  

  Artificial intelligence cases filed last year, some decided and others pending, demonstrate how the appellate courts that set binding precedent look at the intersection between copyright and AI, so legal frameworks must adapt and provide clarity in order to foster innovation, protect creators, and ensure fair and equitable outcomes, say attorneys at Crowell & Moring.

• Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

  

  A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

• How AI Is Changing The Game Of Professional Sports

  

  As more professional sports teams and organizations employ the use of artificial intelligence, counsel should keep a critical eye on several legal issues, including both state and federal regulatory developments, data privacy concerns, and how AI tools could potentially affect applicable intellectual property rights, say attorneys at Squire Patton.

• Trending At The PTAB: 6 Areas To Watch In 2024

  

  Expect further changes in a half-dozen areas in 2024 following a busy 2023 at the Patent Trial and Appeal Board, including more adjustments to the director review process and the first case to hit the Appeals Review Panel, say attorneys at Finnegan.

• Law Firm Strategies For Successfully Navigating 2024 Trends

  

  Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

• What's In The USPTO Policy Pipeline This Year

  

  Practitioners can expect a number of policy updates and initiatives from the U.S. Patent and Trademark Office this year, including development of AI capabilities, pushback against fraudulent patents and expansion of educational opportunities, say Rosaleen Chou and Lauren Katzenellenbogen at Knobbe Martens.

• AI In IP Law: The Top Guest Articles Of 2023

  

  Keeping up with generative artificial intelligence was the name of the game for intellectual property lawyers in 2023 as the government worked to determine whether AI-generated output is protectable under the law and guest writers assessed the technology's risks and rewards.

• The Most-Read IP Law360 Guest Articles Of 2023

  

  U.S. Patent and Trademark Office incentives and restrictions, Federal Circuit decisions on exact meaning, and lessons from the comedic whodunit “Glass Onion: A Knives Out Mystery” were among popular intellectual property topics guest authors tackled this year.

• The Most-Read Legal Industry Law360 Guest Articles Of 2023

  

  A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

• Inside Higher Education's New FCA Liability Challenges

  

  As the educational sector expands its use of government funding, schools are at increased risk under the False Claims Act, but recent settlements offer valuable lessons about new theories of liability they may face and specific procedures to reduce their exposure, say James Zelenay and Jeremy Ochsenbein at Gibson Dunn.