Artificial intelligence (AI) technology is evolving at extraordinary speed, creating new challenges and opportunities for intellectual property (IP) protection. AI developers and deployers need to rethink their IP strategies to safeguard their AI models and outputs and to avoid infringing on others' IP rights. This chapter discusses some of the key developments and considerations for IP protection of AI in the areas of trade secrets, copyrights, and patents. Trade Secrets: A Flexible and Fast [...]

When unrelated parties seek to register and make simultaneous use of similar marks that face a possible finding of a likelihood of consumer confusion, an appropriate "consent agreement" between them may sometimes resolve that issue. The U.S. Court of Appeals for the Federal Circuit (Federal Circuit) has recognized that the parties themselves are better positioned than bureaucrats or judges to know the real-life situation and to have assessed marketplace conditions. Therefore, depending on the [...]

In a post-judgment ruling from the U.S. District Court for the Eastern District of New York, the court rejected defendants' bid to escape a destruction mandate after the asserted patents expired just days after a permanent injunction issued, ordering the destruction of all infringing “RadCad caddies” in defendants' possession during the patent term. The decision affirms courts' equitable powers to remedy past infringement even post-expiration of a patent, citing Federal Circuit precedents to distinguish [...]