The Department of Defense is setting up a new office intended to define, clarify and allocate IP rights in the course of DoD contracting and acquisition. The new initiative was announced in a press briefing by Ellen...

Data retention is a double-edged sword. Data can be a treasure trove of evidence, notably in matters involving trade secrets and non-compete agreements, but in virtually any type of litigation. At the same time, data – holding...

A case in Michigan will set the alarm bills ringing for those concerned about artificial intelligence in the legal system, specifically when it’s employed in the course of enforcement and prosecution. In Michigan, a class action was...

Expert witnesses in a patent case can testify to a lot of things, but according to attorney Daniel Hanson, obviousness is not one of them. It may be common practice, but in his opinion such testimony should...

Tesla was trying to get a permanent restraining order against the man, who is part of an online community of Tesla short-sellers and critics who maintain the company exaggerates its technological claims and financial prospects. Tesla claims...

Low-cost airline JetBlue has filed suit against Walmart, alleging that Jetblack, Walmart’s concierge shopping service, is infringing on its trademark. The lawsuit, filed in federal court in the Southern District of New York, seeks a permanent injunction,...

The 2014 Supreme Court decision in Alice Corp. v. CLS Bank International held that claims drawn to an abstract idea were not eligible for patent protection merely because they were implemented on a computer. On the fifth...

The chef and co-owner of two New York restaurants bemoans concentration in the seed industry and the power now wielded by the few remaining behemoth companies. (In the interest of disclosure, he adds that he’s also “co-founder...

When does borrowing and “sampling” become IP theft? That question didn’t get much attention back in the day when rap pioneers were their own promoters and rap music was not a multi-million dollar business. “The way producers...

In an 8-1 decision handed down on May 20, the Supreme Court reversed the 1st Circuit Court of Appeals and ruled that a debtor-licensor’s rejection of a trademark license agreement does not terminate the rights of the...