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Since generative AI burst into the mainstream, companies have raced to capitalize on its extraordinary promise. But as with any technological frontier, this promise does not come without risks, and companies can expect to encounter them with greater frequency as AI’s role in the economy continues to grow.

In a considerable shift in the law, the Federal Circuit has discarded the long-standing test for determining whether a design patent is invalid as obvious, in favor of the more flexible obviousness test historically applied to utility patents. Eric Klein, Erik Shallman, Patrick Wroe

Trademarks serve as the cornerstone of brand identity, distinguishing the goods and services of one enterprise from those of another.

A host of questions are arising about the intellectual property rights attached to energy transition projects because of enormous investments in the space and the cutting-edge technologies that follow.

Hilary Preston, Vice Chair of Vinson & Elkins appeared on the Beyond Barriers Podcast to discuss the significance of adopting a long-term outlook in your career.

On October 30, 2023, President Biden issued an Executive Order (“Order”) that drastically increased the U.S. government’s engagement with artificial intelligence (“AI”).

In Great Concepts, LLC v. Chutter, Inc.,¹ the Federal Circuit reversed and remanded the Trademark Trial and Appeal Board’s (“Board”) decision cancelling registration of Great Concepts’ trademark due to the filing of a fraudulent declaration by a former Great Concepts attorney.

The Supreme Court of the United States recently considered whether portions of the Lanham Act that relate to trademark infringement can be applied to conduct that takes place outside the United States.

In a unanimous opinion in Amgen Inc. v. Sanofi, the Supreme Court held that two functional genus patent claims were not enabled under 35 U.S.C. § 112(a).

On April 3, 2023, in Ironburg Inventions Ltd. v. Valve Corp., Nos. 21-2296, 21-2297, 22-1070 (Fed. Cir. Apr. 3, 2023), the Federal Circuit for the first time defined the standard for determining the scope of estoppel set forth in 35 U.S.C. § 315(e)(2) for prior art that was not raised in an inter partes review (“IPR”) petition.

The machines aren’t coming for your job — they’re here to help. But when humans work with artificial intelligence (“AI”) assistance, who owns the final product?

Artificial intelligence (AI) models are transforming industries and the workplace. While few companies will create AI models from scratch, most will find themselves licensing AI models from others.