When Public Doesn’t Mean Free: Lessons from a Recent Copyright Infringement Case

Attorneys often rely on court filings, public records, and docket materials when building arguments on behalf of their clients. Because these documents are publicly accessible, it can be easy to assume they are also freely available for reuse. A recent federal court decision serves as a reminder that public access and copyright ownership are not […]

Federal Circuit Clarifies When Patent Owners Retain Standing to Sue After Entering an Exclusive License

Introduction Before a patent owner can pursue an infringement lawsuit, it must clear a threshold that has tripped up more than a few plaintiffs: Article III standing. As the Federal Circuit explained in Morrow v. Microsoft Corp. (2007), Article III of the Constitution limits the courts to resolving actual “cases” and “controversies,” and the standing […]

The Bundle of Rights: How Copyright Ownership Really Works

Introduction On May 5, the U.S. Court of Appeals for the Eleventh Circuit issued a precedential decision in Great Bowery Inc. v. Consequence Sound LLC, a copyright case that involved a district court’s summary judgment ruling against the plaintiff on the ground of lack of standing. Concluding that “the district court’s understanding of copyright law […]

The Patent Clock Is Ticking: What Every Inventor Needs to Know Before Going to Market

Inventors have a limited amount of time to file a patent application, after which they will be forever barred from pursuing patent protection. On April 14, the U.S. Court of Appeals for the Federal Circuit issued its decision in Definitive Holdings v. Powerteq, which affirmed the district court’s grant of summary judgment of patent invalidity. […]

Distinction Without a Difference: USPTO Rescinds February 2024 Inventorship Guidance for AI-Assisted Inventions in Favor of Traditional Inventorship Principles

On November 28, the United States Patent and Trademark Office (USPTO) issued a notice titled Revised Inventorship Guidance for AI-Assisted Inventions (“the Revised Guidance”), expressly rescinding its original guidance on that subject published in February of 2024 (“the Original Guidance”). As previously discussed, the Original Guidance followed case law holding that artificial intelligence (AI) cannot […]

How a ’90s NBA Theme Song Became a Blueprint for Modern IP Ownership

The IP Legacy of “Roundball Rock” and the Enduring Power of Creative Ownership With the regular NBA season beginning on October 21, and an announcement by NBCUniversal earlier this year that, beginning in October 2025, it would once again play John Tesh’s “Roundball Rock” in conjunction with its broadcasts of NBA games, the time could not […]