Two Federal Circuit Reversals, One Lesson: Words Matter - From Patent Prosecution to Hypothetical Copyright Negotiations Two Federal Circuit decisions from this July share a common thread: courts won't let hindsight or selective memory rewrite the record. In 4DD Holdings, LLC v. US, No. 24-1996 (Fed. Cir. 2026), the court vacated a copyright damages award [...]
The Record Is the Record: Two Recent IP Decisions with a Common Thread A quintessential evidentiary record is one that allows you to pull pertinent facts, craft weighty arguments, and ultimately carry the day. Fact-finding, proper recordation of evidence, and making the right argument at the right time are crucial. Parties to a suit don't [...]
Copyright in the Input, Uncertainty in the Output 2.o: The Legal Grey Area Expands Unsurprisingly, generative artificial intelligence (“AI” - an abbreviation whose definition has now entered common parlance, yet I provide one anyway for the non-AI user) makes headlines… again. ByteDance, the owner of TikTok, recently released Seedance 2.0, a video-based generative AI model [...]
Why a Consent Agreement Isn’t Always Enough — and When Similar-Sounding Marks Aren’t Too Similar Please join us on Monday, January 26, 2026, at noon for a discussion of two recent precedential decisions made by the TTAB relating to section 2(d) refusals in: In re Jason Jimenez, 2025 USPQ2d 1355 (TTAB 2025), and In re [...]
Tattoos, Fair Use, and the Intrinsic Test: Ninth Circuit Affirms Jury Verdict in Sedlik v. Von Drachenberg In Sedlik v. Von Drachenberg, et al., No. 24-3367 (9th Cir. 2026), the U.S. Court of Appeals for the Ninth Circuit recently upheld a jury’s decision that Kat Von D (Katherine Von Drachenberg) did not infringe photographer Jeffrey [...]
From Pleadings to Pour-Overs: The Federal Circuit Brews Up Clarity Please join us on Monday, December 22, 2025, at noon for a discussion of two recent decisions made by the U.S. Court of Appeals for the Federal Circuit. In Adnexus Inc. v. Meta Platforms, Inc., No. 24-1551 (Fed. Cir. 2025), Adnexus alleged that Meta’s Lead [...]
From Trademark Disputes to Patent Prosecution Clarity: Insights from Cameo v. OpenAI and the USPTO’s Eligibility Guidance Cameo v. OpenAI Once again, generative AI is making legal headlines for the ever-growing alleged use of intellectual property (”IP”) by AI companies. Over the past year alone, we’ve begun to see a dichotomy in the use of [...]
Patent Trajectory for the Years to Come Please join us on Monday, November 17, 2025, at noon for an open discussion on the current state and future trajectory of patents under the new USPTO Director. We’ll explore how changes at the USPTO are shaping today’s practice and what to expect in the coming years. Jonathan [...]
Claim Construction and Prosecution Disclaimers Please join us on Monday, November 3, 2025, at noon for a discussion of two recent decisions made by the U.S. Court of Appeals for the Federal Circuit. In Barrette Outdoor Living, Inc. v. Fortress Iron, LP, No. 24-1231 (Fed. Cir. 2025), the court affirmed a finding of non-infringement, holding [...]
Expert Testimony and Standing Please join us on Monday, October 13, 2025, at noon for a discussion of two recent decisions made by the U.S. Court of Appeals for the Federal Circuit. In Rex Medical, L.P. v. Intuitive Surgical, Inc., No. 2024-1072 (Fed. Cir. Oct. 2, 2025), the court affirmed the district court's reduction of [...]