Sunstein Insights
Sunstein Insights shed light on recent IP events and decisions.
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ChatGPT: Is Theft a Bug or a Feature?
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What is Transformative Use? Warhol Copyright Decision Exposes Surprising Tension Between Usual Supreme Court Allies
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The CHIPS and Science Act of 2022 and the Emerging Intellectual Property Landscape
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U.S. Brand Owners Have More Limited Options to Curb Foreign Infringement following Supreme Court’s Abitron Ruling
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Enablement Enigma: The Supreme Court Weighs In
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Supreme Court Vacates and Remands the Lower Court's Ruling in Jack Daniel’s Properties Inc. v. VIP Products LLC
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The Unified Patent Court and Unitary Patent Come to the European Patent Office
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COHIBA v. COHIBA: TTAB orders cancellation of the COHIBA registration after a decades long dispute over the well-known trademark
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Watch Me Pull a Customer Out of My Hat: Proving Damages Using Your Customer’s Out-Of-Court Statement
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The FTC's Proposed Ban on Non-Compete Agreements: The Effect on Trade Secret Protection
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AI Machines Continue to Rattle Intellectual Property Law
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Facebook Tracking Pixels are the basis for a new wave of privacy class action litigation
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Supreme Court to Hear the “Bad Spaniels” Case
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The Long Arm of Trademark Law: Where do we draw the line?
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Phishing Attacks: The FTC Steps Up Its Standards
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The Nagoya Protocol: Regulating Research in the Wake of Biopiracy
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Apple Must Agree to License Terms It Hasn’t Seen -- Or Leave the UK Telephony Market
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Supreme Court Won’t Fix the Patentability Mess It Created A Decade Ago
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WTO Authorizes Partial TRIPS Waiver For Covid-19 Vaccines
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Wind Turbine Patents Extend to Outer Continental Shelf
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To Avoid the On-Sale Bar, Patent Applicant’s “Experimental Use” Should be Unmistakable
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The “Luxury” of Trademark Protection Crosses an Unknown Frontier
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THE Biggest Collegiate Trademark News This Year: How Ohio State University Trademarked THE
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Protecting IP in the Face of Russia Sanctions
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New Restrictions on Exports to Russia: US Technology Embedded in Products Made Overseas
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For Those Challenging a Patent’s Validity in an IPR, New Clarity on Which Arguments Can Later be Litigated in Court
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Two Federal Circuit Decisions Show Why Forum-Selection Clauses Require Clarity
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It’s Not Complicated: Make Sure the Technical Expert You Retain to Testify About Infringement Has Credentials That Match the Level of Skill Required by the Court
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“Everybody Makes Mistakes”- A Forgiving Approach by the Supreme Court Changes Copyright Law
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Artwork Created by Artificial Intelligence (AI) Not Eligible for Copyright
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Cyber-criminals Beware: Governmental Surveillance of Suspects Does Not Always Require a Warrant
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It’s Forever: R&B Group’s Trademark Contested by Rival Singers in Both TTAB and Federal Court
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Federal Circuit Jumps to Step Two To Rescue Authentication Patent
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The EU’s New Privacy Rules: The Promise and Peril for US Data Processors
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The Estate of Henrietta Lacks Sues Thermo Fisher Scientific
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A Procedural Bias Favors Patent Owners in IPRs
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What is a COVID-19 Vaccine Intellectual Property Waiver?
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Will NFTs revolutionize patent law?
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Supreme Court Finds Constitutional Violation in Patent Challenges, But Provides Quick Fix
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The European Commission Publishes Comprehensive Contractual Clauses For Use in Data Transfers from Europe
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NFTs – A Novel Challenge For Traders, Investors and Copyright Lawyers
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Privacy in the Cellphone Era: The Supreme Court Opens the Door to Automated Text Messages
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Warhol, Prince, and a Continued Narrowing of Copyright’s Fair Use Doctrine
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Google v. Oracle: Supreme Court Holds Copying of Key Part of Java Software, its API, is Fair Use
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“We’re Here to Help.” Government’s Ideal Role in Sparking Medical Advances?
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Federal Circuit Reverses US Navy’s Short-Lived Avoidance of Software Piracy Claim
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The Supreme Court Ponders These Questions in Google v. Oracle: Is the Sky Falling? Is JAVA like the QWERTY Keyboard?
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YouTube’s Copyright Policy: Pitfalls Aplenty for Video Creators
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The Department of Justice Takes on the IEEE
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The Ongoing Saga of American Axle and Patent Eligibility
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The EU-US Privacy Shield is Invalid: Facebook May Be Only the First Casualty
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When a State University is a Reluctant Plaintiff, Can Its Licensee Sue Anyway?
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Businesses Beware: Don’t Restrain Former Employees by Exaggerating Your Trade Secret Claims
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Scraping Too Much Website Data May Be Trade Secret Misappropriation
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FanDuel Learns the Hard Way: An IPR Challenge to Any Patent Claim May be Lost if Not Comprehensive and Rigorous Enough
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No License, No Chips: Qualcomm’s Controversial Licensing Strategy Is Not an Antitrust Violation
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Supreme Court Denies Copyright Enforcement to State Legislature
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3M Strikes Against N95 Mask Price Gouging
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Trademark Infringement Remedies Just Got Snappier? United States Supreme Court Says Proving Willfulness Is Not Required For Recovering an Infringer’s Profits
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Or Forever Hold Your Peace: Supreme Court Ruling Will Spur Early Efforts to Sway PTAB as to Timeliness of IPR Petitions
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AI Machine is Denied Patent
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Back to Work: The Use of Contact Tracing Technology to Improve Worker Safety
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Activision Wins the (Trademark) War: First Amendment Protects Depiction of Humvees in Realistic Video Games
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Upgrade of Appeal Board Decisions Sought to Help Patent Medical Innovations
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Does the Defense Production Act Provide a Safe Harbor Against Infringement Claims?
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Fresh is Best and Stale Will Fail: The PTAB Explains Its Logic in Refusing to Institute an IPR
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Supreme Court Allows States to Plunder Copyrighted Videos
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Federal Circuit Averts Huge Disruption to the Patent System by Fashioning a Cure to the Status of Administrative Judges
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Facial Recognition: A Clear View to Dystopia
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Court’s Strict Interpretation of Timing Requirement May Force Patent Validity Challenges in Two Forums
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Virus-Related Legislation Extends Patent and Trademark Deadlines
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