Intellectual Property

Women in IP – Supreme Court Denies Review of Thaler v. Perlmutter: AI Authorship Questions Remain In early March, the U.S. Supreme Court denied certiorari in Thaler v. Perlmutter, continuing the standard that only works created by a human can receive U.S. copyright protection. This raises complex questions as businesses continue to aggressively introduce AI … Continue reading JONES DAY TALKS...

Artificial intelligence presents so many opportunities, but there are still so many questions in relation to copyright law. What constitutes fair use? How much human input satisfies the human authorship requirement? Can federal or state legislation address the “deepfake” problem? And what makes adjusting to AI adoption so challenging? Listen to partners Meredith Wilkes and … Cont...

A federal district court held in Thaler v. Perlmutter that an AI-generated image, “A Recent Entrance to Paradise,” cannot be copyrighted due to the lack of sufficient human contribution to its creation. Jones Day partners Emily Tait and Carl Kukkonen talk about the implications of the decision, the questions that remain, third-party complications, and what … Continue reading JONE...

The U.S. Patent and Trademark Office has awarded The Ohio State University a trademark for the word “THE,” for use in connection with apparel sold in “channels customary to the field of sports and collegiate athletics”. Jones Day partner Meredith Wilkes explains, how the University was able to obtain a registration, and the important lessons the action … Continue reading JONES DA...

Jones Day partners Meredith Wilkes, Patricia Campbell, and Sarah Geers discuss the implementation of the Trademark Modernization Act, the recent decision in Thaler v Hirshfeld – a case involving protections for works created by artificial intelligence, opportunities for monetizing COVID 19-related patents, and other significant legal developments in the IP space during the last year. For informati...

The United States Supreme Court has delivered its decision in U.S. v. Arthrex, which determined whether appointments of administrative patent judges to the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (PTAB) were constitutional. Jones Day’s Matt Johnson and John Evans talk about the background of the Arthrex case, how the decision could … Continue reading JONES DAY...

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer, and Carrie Kiedrowski discuss how trademark laws have changed and evolved since the Lanham Act’s implementation, and … Continue reading JONES DAY TALKS®: 75 Years...

Partners Matt Johnson and Sarah Geers talk about former USPTO Director Andrei Iancu’s impact on the PTAB, and what we might expect from a new director under the Biden Administration. They also comment on why patent litigation filings remained active during COVID-19, and explain the factors the PTAB considers when exercising its discretion to deny … Continue reading JONES DAY TALKS® &#8...

Jones Day’s Meredith Wilkes and Anna Raimer discuss 2020’s most significant developments in trademark law and preview what’s to come in 2021, including possible progress in Washington on the highly anticipated Trademark Modernization Act. Read the full transcript on the Jones day website.

A federal appeals court has overturned Tiffany & Co’s $21 million judgment against Costco Wholesale over the retail chain’s sale of diamond engagement rings with the “Tiffany” name. Jones Day partners Meredith Wilkes and Jessica Bradley explain why the decision is illustrative of the treatment of evidence at the summary judgment stage, while also providing … Continue reading JONES DAY TA...

In this edition of Jones Day’s Women in IP series, partners Rebecca Swindells and Meredith Wilkes explore the challenges of protecting trade secrets when employees are working at home or other locations outside the office. They discuss the obligations incumbent on employers to protect trade secrets, the risks related to remote employees that should be addressed, and the legal remedies availa...

False advertising cases remain a complicated area of intellectual property law. Jones Day’s Meredith Wilkes, Jessica Bradley, and John Froemming talk about the types of false advertising claims, explain who can sue, describe the available remedies, and review the recent decision in the MillerCoors v. Anheuser-Busch Companies  Super Bowl commercial case. Read the full episode transcript &#823...

As Jones Day’s PTAB Litigation Blog marks its 500th posting, Dave Cochran and Matt Johnson discuss current patent litigation developments, near-term trends, and how the PTAB is handling cases during the COVID-19 lock down. Read the full transcript on the Jones Day website.

Intended to improve efficiencies and reduce processing errors, new rules implemented by the U.S. Patent and Trademark Office require electronic filing of trademark applications, and all submissions associated with applications. Requirements for trademark specimens of use were also updated. Meredith Wilkes, Ilene Tannen, and Carrie Kiedrowski discuss the likely impact of the new requirements, talk...

2019 was undeniably a very active year for intellectual property law—there were notable Supreme Court decisions relating to trademarks and patent litigation, and significant developments relating to AI and life sciences. 2020 promises to be just as interesting. Jones Day’s Meredith Wilkes, Patricia Campbell, and Tracy Stitt explain what’s recently happened and let us know what to look...

In Arthrex, Inc. v. Smith & Nephew, Inc., the Federal Circuit has held that appointments of Administrative Patent Judges of the Patent Trial and Appeal Board (“PTAB”) were in violation of the Appointments Clause of the U.S. Constitution. Jones Day’s Matt Johnson and Dave Cochran discuss the potential ramifications of this decision and talk about what parties to PTAB matters s...

The U.S. Supreme Court’s ruling in Mission Product Holdings v. Tempnology, LLC  holds interesting implications for both trademark law and bankruptcy law. Also, in Iancu v. Brunetti, the Court confirmed that trademarks cannot be refused registration on the basis that they constitute “immoral” or “scandalous” matter. Meredith Wilkes, Jennifer Swize, and Anna Raimer review the...

Jones Day’s Dave Cochran and Matt Johnson discuss recent developments in patent litigation and appeals, including the continuing importance of the PTAB as a jurisdiction of first choice for patent disputes in the United States, and the impact of the Precedential Opinion Panel (“POP”) introduced late last year. They also describe how filing strategies, as … Continue reading...

In Fourth Estate Public Benefit Corporation v. Wall-Street.com, the U.S. Supreme Court tackled questions relating to copyright applications vs. copyright registrations, while in Rimini Street v. Oracle, the justices ruled on how costs are measured in copyright litigation. Jones Day’s Jessica Bradley, Anna Raimer, and Meredith Wilkes explain the implications for copyright holders, applicants,...

Patent Trial and Appeal Board, or PTAB, defense litigation strategies continue to evolve. In a recent Law360 article, Jones Day Intellectual Property lawyers Dave Cochran, Mike Hendershot, and Matt Johnson explained why previous assumptions and strategies pertaining to PTAB litigation must be reconsidered. Mr. Hendershot and Mr. Johnson clarify the importance of tight coordination between …...

Section 101 of the U.S. Patent Act─which identifies four categories of inventions or discoveries that are eligible for patent protection─presents a number of challenges to companies working on innovations in the life sciences space. Jones Day’s Patricia Campbell and Susan Gerber, who recently coauthored an article on this topic for The Intellectual Property Strategist, are … Continue r...

In its April 2018 decision in SAS Institute, Inc. v. Iancu, the U.S. Supreme Court held that when conducting an inter partes review, the U.S. Patent Office must determine the patentability of each of the claims challenged by the petitioner.   Jones Day partners Dave Cochran  and Matt Johnson explain how SAS Institute reverses prior … Continue reading After SAS Institute : A Shift in Pat...

Jones Day’s “Women in IP” Initiative addresses the historic underrepresentation of women in intellectual property law with topical programming, networking opportunities, strategic mentoring arrangements, and a popular speaker series. Jones Day IP lawyers Meredith Wilkes (Chair of the WIP Initiative), Tracy Stitt (a rising star in the IP Practice), and Anthony Insogna (the IP Prac...

In a Supreme Court matter argued on behalf of software developer SAS Institute Inc., Jones Day successfully challenged part of how the U.S. Patent Office’s Patent Trial and Appeals Board conducts its inter partes review proceedings. But that’s just half the story. Jones Day partners Greg Castanias, Dave Cochran, and John Marlott explain why the … Continue reading SAS Institute In...

The “monkey selfie” matter raises intriguing questions regarding the current state of U.S. copyright laws. Courts have ruled that a non-human can’t be granted copyright protection, but then what are the implications for works created via artificial intelligence? Jones Day partners Meredith Wilkes and Emily Tait discuss the aftermath of Naruto v. Slater and explain … Continue read...