Expert Analysis

• Considering The Risks That Arise When IP Outlives Its Owner

  

  Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

• How A High Court Music Piracy Ruling Shrinks ISP Liability

  

  The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

• Opinion

  AI Presents A Make-Or-Break Moment For Outside Counsel

  

  The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

• Opinion

  USPTO Has A Chance To Correct Double-Patenting Doctrine

  

  Now that the issue of obviousness-type double patenting is front and center before the U.S. Patent and Trademark Office's Appeals Review Panel, the agency should put an end to the practice of rejecting earlier-expiring patents in favor of later-expiring ones, say attorneys at Orrick.

• 1st AI Acquisition Regulation Raises Contractor Concerns

  

  The General Services Administration’s recently published contract clause addressing artificial intelligence systems is problematic in a number of ways, underscoring the complex legal and practical issues that will need to be addressed as AI becomes more widely deployed in federal contracting, say attorneys at Haynes Boone.

• Grammarly Suit Flags Right Of Publicity As Key AI Issue

  

  Angwin v. Superhuman Platform, filed recently in New York federal court against the parent company of Grammarly, highlights an overlooked question for any company using artificial intelligence — whether someone's identity has been used for commercial purposes without consent, possibly violating rapidly shifting state right-of-publicity laws, says Nicholas Schneider at Eckert Seamans.

• Series

  Watching Hallmark Movies Makes Me A Better Lawyer

  

  I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

• Reel Justice: 'Mercy' And Private Surveillance As Evidence

  

  The near-future depicted in the film “Mercy” reminds attorneys that private surveillance networks are becoming central to the evidentiary ecosystem, shaping what prosecutors can obtain, what defendants must explain and what jurors may interpret as objective truth, says Veronica Finkelstein at Wilmington University.

• Fed. Circ. In February: When Grammar Trumps Patent Specs

  

  The Federal Circuit's decision in Netflix v. DivX last month highlights the challenge of interpreting potentially misplaced modifiers in complicated technological patents, and the potential for grammatical rules to provide a default interpretation for unclear claim language, say attorneys at Knobbe Martens.

• New Orphan Drug Law Provides A Key Fix For Pharma Cos.

  

  The Consolidated Appropriations Act enacted last month restores the U.S. Food and Drug Administration's long-standing interpretation of "same disease or condition," related to orphan drug exclusivity, resolving years of regulatory uncertainty and litigation that have discouraged rare disease research, say attorneys at Spencer Fane.

• When Trade Secret Litigation And Criminal Law Collide

  

  An increasing convergence of trade secret litigation and white collar defense, especially with several recent criminal prosecutions from the Justice Department, should prompt businesses and counsel to adapt within the overlapping landscapes, says Kenneth Notter at MoloLamken.

• Opinion

  PTAB Needs Reform To Protect Inventors From Larger Cos.

  

  The Promoting and Respecting Economically Vital American Innovation Leadership Act is necessary because it will impose additional requirements on patent validity challenges and prevent large corporations from taking advantage of the Patent Trial and Appeal Board to overwhelm small inventors with repeated litigation, says Eb Bright at ExploraMed Development.

• Changes Coming To The SBIR And STTR Programs

  

  Legislation recently approved by Congress to reauthorize the Small Business Innovation Research and Small Business Technology Transfer Programs includes changes focused on national security that would improve transparency but also increase applicants' administrative burdens, slow the awards process and likely increase litigation, say attorneys at Fluet & Associates.

• Witness AI Usage Is The Next Privilege Battle In Civil Litigation

  

  Fact and expert witnesses now have immediate access to artificial intelligence systems capable of simulating deposition questioning, recommending answers and more, but this preparation occurs privately, invisibly and frequently under the mistaken assumption that it is harmless, says Bill Kanasky at Courtroom Sciences and Billy Davis at Taylor Nelson.

• Moderna Case Highlights Overlooked Hurdle In Biopharma IP

  

  The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.