As artificial intelligence becomes increasingly integrated into business operations, IT contracts covering the provision of AI systems are evolving to include critical safeguards. One emerging concept is the AI circuit breaker, a contractual mechanism that provides for an intervention, or
Latest from Global IP & Technology Law Blog - Page 2
The Potent Remedies Available Under the DTSA on Full Display in Insulet
In Insulet Corporation v. EOFlow Co., Ltd. et al., after a month-long jury trial, a federal court in Boston dropped the hammer on an insulin patch pump producer for misappropriating the trade secrets of its competitor. The jury found that
USPTO Expedites Patent Issuance: Things To Do Before Paying the Issue Fee
In an effort to offer customers better service, the United States Patent and Trademark Office has been modernizing various aspects of their operations. One result of the modernization and efficiency efforts relates to expedited patent issue dates. On April 15th,
Federal Circuit Limits Use of Applicant Admitted Prior Art in Inter Partes Reviews
As provided by statute at 35 U.S.C. § 311(b), a petitioner in an inter partes review (IPR) may challenge the claims of a patent “only on the basis of prior art consisting of patents or printed publications.” Does this
Artificial Intelligence and Our Continuing Journeys in Alice’s Wonderland: Practice Points from Recentive Analytics, Inc. v. Fox Corp.
If you’re a patent practitioner who works with innovation related to artificial intelligence, you’ll want to consider the Federal Circuit’s recent decision in Recentive Analytics, Inc. v. Fox. Corp. This decision is the first to explicitly consider patent eligibility
Whither Discretionary Denials? Read the Tea Leaves, or Follow the Bread Crumbs? (Part II)
Federal Circuit Upholds Major Trade Secrets and Contract Damages Award in Dispute Stemming from Failed Merger Talks
The recent Federal Circuit decision in AMS-OSRAM USA Inc. v. Renesas Electronics America, Inc. offers valuable lessons related to failed merger attempts, specifically the vast exposure that can result from a party breaching its confidentiality obligations. This protracted case—lasting more
Whither Discretionary Denials? Read the Tea Leaves, or Follow the Bread Crumbs?(Part I)
Recent actions from the USPTO have engendered a great deal of discussion among the bar practicing before the Patent Trial and Appeal Board. On February 28, 2025, acting Director Stewart rescinded former Director Vidal’s Guidance Memorandum for handling discretionary denials
Face the inMusic: A Corporate Patent Owner Cannot (Yet?) Recover the Lost Profits of a Subsidiary
The Federal Circuit has long held that “the general rule” of patent infringement damages law is “a patentee may not claim, as its own damages, the lost profits of a related company.” More than 15 years ago, one patent owner
Lost Profits for Unpatented Products Dry Up in Wash World
Wash World Inc. v. Belanger Inc. raises the question whether lost profit damages for patent infringement can extend to profits related to unpatented products sold with a patented product. As with many legal issues, including the lost profits issue I