Intellectual Property

While many have the impression that SEPs cannot be successfully asserted at the ITC, where injunction is the only remedy, a closer look at ITC case law reveals that is incorrect. Given the right circumstances, the ITC is arguably the best venue to litigate SEPs.

Read about the second part of the United States Copyright Office’s report on Copyright and Artificial Intelligence, which focuses on the question of how AI affects copyrightability.

Read about a Third Circuit ruling, which held that a creditor’s right to future royalty payments in a non-executory contract — an agreement in which one party has performed all material obligations and the other has not — could be discharged in the bankruptcy of a counterparty-debtor. The decision highlights the importance of properly structuring M&A, earn-out, and royalty-based transactions.

New guidance issued by the United States Patent and Trademark Office (USPTO) on patent subject matter eligibility under 35 U.S.C. § 101, focusing on AI and other software-related emerging technologies.