Neural network and machine learning artificial intelligences (AIs) need comprehensive data sets to train on. Those data sets will often be composed of images, videos, audio, or text. All those things are copyrighted. Copyright law thus stands as an enormous potential obstacle to training AIs....

This amicus brief supports the FTC's position in the 2d Circuit appeal of 1-800 Contacts v. FTC. The brief was joined by 29 intellectual property, Internet law, and antitrust professors.The case involves 1-800 Contacts' settlement agreements with its online competitors in which they agreed not...

Rapid advances in digital and life sciences technology continue to spur the evolution of intellectual property law. As professors and practitioners in this field know all too well, Congress and the courts continue to develop intellectual property law and jurisprudence at a rapid pace. For that...

New technologies continue to democratize, decentralize, and disrupt production, offering the possibility that scarcity will be a thing of the past for many industries. We call these technologies of abundance. But our economy and our legal institutions are based on scarcity. Abundance lowers...

The United States is the only country in the world that awards patents to the first person to invent something, rather than the first to file a patent application. In order to determine who is first to invent, the United States has created an elaborate set of "interference" proceedings and legal...

The overwhelming majority of intellectual property lawsuits settle before trial. These settlements involve agreements between the patentee and the accused infringer, parties who are often competitors before the lawsuit. Because these competitors may agree to stop competing, to regulate the price...

The Supreme Court's decision in eBay v. MercExchange, which revolutionized the granting of injunctions in patent cases, has increasingly been applied to trademark cases as well. But courts applying eBay to trademark cases have ignored some fundamental differences between patent and trademark...

Traditional justifications for patents are all based on direct or indirect contribution to the creation of new products. Patents serve the social interest if they provide not just invention, but innovation the world would not otherwise have. Non-practicing entities (NPEs) as well as...

Patent law has tried to find a middle ground between a vision of invention as a mental act and a competing vision that focuses on the actual building of a working product. The definition of invention in the 1952 Patent Act incorporates both conception and reduction to practice, sometimes...

Along with experts from around the world, Mendis, Lemley and Rimmer consider the legal and intellectual property implications relating to 3D printing and emerging technologies in the UK, USA, and Australia. This edited book will consider the legal and intellectual property (IP) implications...