Sunstein Insights
Sunstein Insights shed light on recent IP events and decisions.
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FTC Ban on Non-Competes Thwarted by Texas Federal Court
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A Large Theft of Trade Secrets Sets a Record: The “Largest Damages Award on the books under the DTSA”
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Trade Secret Damages Beyond the Actual Loss Suffered by Plaintiffs Become Harder to Obtain
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Enforcing a Non-Compete Against a Former Employee in California
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The Court of Appeals of Virginia Overturns Record $2 Billion Jury Award in Widely Watched Appian v. Pegasystems Trade Secret Litigation
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Federal Circuit Upends Obviousness Test for Design Patents, Leaving Uncertainty and Potential Opportunity
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Coping With the FTC Ban on Non-Competition Agreements
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The Kessler Doctrine: An Expanded Form of Preclusion Unique to Patent Litigation
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Sage Therapeutics Prevails in USPTO: Trademark Trial and Appeal Board Opposition to SAGEFORTH Mark
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Tacking in Trademark Law: Even Big Brands Sometimes Miss the Mark
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USPTO Proposes New Rules on Terminal Disclaimers: A Potential Setback for Patentees
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Supreme Court Rules that Copyright Infringement Claims Can Cover Decades of Damages
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What’s in a Voice: How the Law is Being Used to Combat Deepfakes
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The Overlooked Claim of The New York Times v. OpenAI: Harm to Copyright Management Information
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Trial Court Ruling Threatens Patent Portfolio Development
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Is the Corporate Transparency Act Unconstitutional? Does it Matter?
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AI in the Patent Landscape: USPTO Directive Explores Inventorship Dynamics
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The New England Patriots Latest Catch: A Privacy Class Action Lawsuit
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Data Brokers May Need to Avoid: Selling Personal Information to Foreign Adversaries
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The USPTO Giveth and Taketh Away
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The New York Times v. OpenAI: The Biggest IP Case Ever
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Tango Your Way to Government Compliance: The Corporate Transparency Act
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Automated Decision Making: An EU Decision and its Implications for US Law
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When the NIH comes Marching In - Or Not
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Patentability 101
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Dance, Fortnite, and the “Epic” Battle for Copyright Protection
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The Executive Order on Artificial Intelligence: Implications for the Semiconductor Industry
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Federal Circuit Narrows “Comparison Prior Art” for Design Patent Infringement
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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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