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Identifying existing IP early in the innovation process helps companies evaluate project viability and provides greater leverage to negotiate possible licenses, agreements and business collaborations.
Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to encounter them with greater frequency as AI’s role in the economy continues to grow.
In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied to utility patents. Eric Klein, Erik Shallman, Patrick Wroe
A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow.
Hilary Preston, Vice Chair of Vinson & Elkins appeared on the Beyond Barriers Podcast to discuss the significance of adopting a long-term outlook in your career.
The Supreme Court of the United States recently considered whether portions of the Lanham Act that relate to trademark infringement can be applied to conduct that takes place outside the United States.
In a unanimous opinion in Amgen Inc. v. Sanofi, the Supreme Court held that two functional genus patent claims were not enabled under 35 U.S.C. § 112(a).
On August 5, 2022, in Thaler v. Vidal, No. 21-2347 (Fed. Cir. Aug. 5, 2022), the Federal Circuit held that an artificial intelligence (“AI”) system cannot be listed as an inventor on a United States patent.
On February 8, the Federal Circuit held that a forum selection clause in a nondisclosure agreement (“NDA”) forfeited the parties’ right to file petitions for inter partes review (“IPR”) to challenge the validity of patents at the United States Patent & Trademark Office (“USPTO”).
Virtually every day brings another headline trumpeting the latest campaign by a shareholder activist against a public company. Activists have become fixtures on the corporate landscape, agitating for change at a growing number of U.S. corporations. Over the last 15 years, the number of activist campaigns in the U.S. has more than tripled, reaching 277…