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Articles by Brendan Bement
IP Corner® – December 2025 Edition | JD Supra
Welcome to TC’s IP Corner® Holiday edition. We are excited to share this quarterly newsletter with our clients, colleagues, and friends as we examine hot topics, interesting cases, and weird yet entertaining happenings in the world of intellectual property.
USPTO Continues Trend Of Limiting Availability Of Inter Partes Review Proceedings
Brendan Bement’s articles from Thompson Coburn LLP are most popular: in United States with readers working within the Media & Information and Law Firm industries Thompson Coburn LLP are most popular: within Energy and Natural Resources topic(s) The United States Patent and Trademark Office ("USPTO") has begun implementing changes to inter partes review ("IPR") proceedings which would decrease both the availability of such proceedings and the likelihood that IPR proceedings will result in one...
Yes... This Really Happened
Brendan Bement’s articles from Thompson Coburn LLP are most popular: in United States with readers working within the Media & Information and Law Firm industries Thompson Coburn LLP are most popular: within Energy and Natural Resources topic(s) Whether you are a child, have a child, or are still young at heart, one of the joys of the fall season is going trick or treating on Halloween.
Wu-Tang Clan's Once Upon A Time In Shaolin Album May Be More Groundbreaking Than Anticipated As Court Allows Trade Secret Claims To Proceed
Brendan Bement’s articles from Thompson Coburn LLP are most popular: in United States with readers working within the Media & Information and Law Firm industries Thompson Coburn LLP are most popular: within Energy and Natural Resources topic(s) In a first of its kind order, the Eastern District of New York denied defendant Martin Shkreli's motion to dismiss plaintiff PleasrDAO's federal and state claims of misappropriation of confidential information/trade secret as it relates to WuTang...
AI Prompts And Outputs: Privilege And Work Product
Brendan Bement’s articles from Thompson Coburn LLP are most popular: with readers working within the Media & Information and Law Firm industries Thompson Coburn LLP are most popular: within Energy and Natural Resources topic(s) Should AI prompts and outputs be awarded special privilege under the law?
NIH New Patent Licensing Policy
Brendan Bement’s articles from Thompson Coburn LLP are most popular: in United States with readers working within the Media & Information and Law Firm industries Thompson Coburn LLP are most popular: within Energy and Natural Resources topic(s) The National Institutes of Health recently instituted a new patent licensing policy aimed at expanding access to new drugs and medical devices. The policy applies to license applications submitted on or after October 1, 2025.
IP Corner® - August 2025 Edition
Welcome to TC's IP Corner® summer wrap-up edition. We are excited to share this quarterly newsletter with our clients, colleagues, and friends as we examine hot topics, interesting cases, and weird yet entertaining happenings in the world of intellectual property that occurred this summer. If you have ideas for future editions, please reach out to one of the editors listed below.
USPTO Push To Increase Patents On Ai-Related Inventions
Brendan Bement’s articles from Thompson Coburn LLP are most popular: in United States with readers working within the Media & Information and Law Firm industries Thompson Coburn LLP are most popular: within Energy and Natural Resources topic(s) Artificial intelligence has both excited and scared people since the early days of robotics.1 The prospect of a benevolent helper robot is common in our culture as evidenced by the Jetsons' Rosey the Robot helper or R2-D2's assistance in the Star Wars...
Patents Are For All Ages!
While the average person may only consider reading patents when they have difficulty sleeping, U.S. Pat. No. 6,368,227 ("the '227 patent") proves that anyone can be an innovator and that patents can occasionally be an amusing read.
So You're Saying I Had To Invite The Entire Family To The Party?
In a recent decision by the U.S. Supreme Court, the Court highlighted the importance of naming the correct defendant(s) in trademark infringement cases.1 Under the federal statute governing trademarks, the Lanham Act, a prevailing plaintiff in a trademark infringement suit may be entitled to an award of the "defendant's profits." In the Dewberry opinion, the Supreme Court determined whether a district court may total the profits of a named corporate defendant with those of separately...
Will The New Administration And Doge Shakeups Adversely Affect The USPTO?
The United States Patent and Trademark Office, or USPTO, occupies a unique role within the federal government because it is entirely fee-funded and, along with the Internal Revenue Service, is one of the few cashflow positive agencies.1 Additionally, unlike many agencies that only began to permit remote work in response to the Covid-19 pandemic, the USPTO adopted telework and remote work in the early 2000s and approximately 96% of the agency works remotely.2 Perhaps because its fee-funded...
Don't Step On Nike's Toes: Jury Sides With Nike Over Lululemon's Allegedly Infringing Shoes
Post-pandemic, the fitness bug took off. After almost two years of feeling trapped indoors, people began flocking to the gym for strength training, to the studios for Pilates, to the trails for running, and to the courts for pickleball. With the surge in physical activity, sportswear companies are competing to produce cutting-edge designs that are functional, comfortable, and aesthetically pleasing. In previous decades, house names, such as Nike, Adidas, and Puma, dominated the market.
Copyrightability Of AI Generated Works
The Copyright Office recently released part two of a three part report on the legal and policy issues related to copyright and artificial intelligence.1 This second part addressed the copyrightability of works created using Generative AI.2 There are two fundamental requirements of copyright protection especially relevant to copyright protection over works that have elements created by Generative AI: (1) the requirement of human authorship and (2) copyright law does not protect ideas but...
IP Corner® - April 2025 Edition
TC Thompson Coburn LLP More For almost 100 years, Thompson Coburn LLP has provided the quality legal services and counsel our clients demand to achieve their most critical business goals. With more than 400 lawyers and 50 practice areas, we serve clients throughout the United States and beyond. Welcome to the latest edition of IP Corner®. The IP team is excited to share intriguing cases, trending topics, and peculiar happenings in the world of intellectual property.
IP Corner® - October 2024 Edition
It is Halloween night, trick-or-treating is over, and the family reunites in the living room to pour out their bags and inspect their winnings. The table and floor are covered in everyone's favorite candies, chocolates, and lollipops. Everyone quickly eyes the stash noticing their favorites with just a glance. You can feel the excitement and impending sugar rush in the air.
Financial institution’s mobile or digital wallet accused of infringing Liberty Peak Ventures’ patent rights | JD Supra
Liberty Peak alleges it owns several patents protecting the invention of digital wallets. Liberty Peak alleges a financial institution’s “systems for securing, authorizing and facilitating financial transactions, e.g., purchases related to banking and debit card accounts” infringe Liberty Peak’s patent rights. The Complaint explains that mobile wallets that are implemented on an app on a mobile device or tablet practice the claimed invention.
PACid sues major financial institution for patent infringement for user authentication technology
PACid Technologies, LLC sued a major financial institution (the “Bank”) on March 7, 2023. The suit is pending in the Western District of Texas – Austin Division. PACid alleges it owns U.S. Patent Nos.
Trademark Modernisation Act: what we learned after one year
Shoko Naruo and Brendan Bement Thompson Coburn LLP 09 March 2023 Thompson Coburn's Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Register for limited access Register to receive our newsletter and gain limited access to subscriber content.
Trademark Modernisation Act: What We Learned After One Year
Shoko Naruo and Brendan Bement Thompson Coburn LLP 09 mars 2023 Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Registrera dig för begränsad tillgång Registrera dig för att få vårt nyhetsbrev och få begränsad tillgång till prenumerantinnehåll.
Trademark Modernisation Act: What We Learned After One Year
Shoko Naruo and Brendan Bement Thompson Coburn LLP 09 Maret 2023 Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Untuk membaca lebih lanjut Daftar untuk akses terbatas Daftar untuk menerima buletin kami dan dapatkan akses terbatas ke konten pelanggan.
Trademark Modernisation Act: What We Learned After One Year
Shoko Naruo and Brendan Bement Thompson Coburn LLP 09 maart 2023 Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Registreer voor beperkte toegang Registreer u om onze nieuwsbrief te ontvangen en krijg beperkte toegang tot de inhoud van abonnees.
Trademark Modernisation Act: What We Learned After One Year
Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Register to receive our newsletter and gain limited access to subscriber content. Get news, unique commentary, expert analysis and essential resources from the WTR experts.
Trademark Modernisation Act: What We Learned After One Year
Shoko Naruo and Brendan Bement Thompson Coburn LLP 09 maaliskuuta 2023 Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Rekisteröidy rajoitetulle pääsylle Rekisteröidy saadaksesi uutiskirjeemme ja rajoitetun pääsyn tilaajasisältöön.
Trademark Modernisation Act: What We Learned After One Year
Shoko Naruo and Brendan Bement Thompson Coburn LLP 09 Μαρτίου 2023 Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Για να διαβάσετε περισσότερα Εγγραφείτε για περιορισμένη πρόσβαση Εγγραφείτε για να λαμβάνετε το ενημερωτικό μας δελτίο και αποκτήστε περιορισμένη πρόσβαση στο περιεχόμενο των συνδρομητών.
Trademark Modernisation Act: What We Learned After One Year
Shoko Naruo and Brendan Bement Thompson Coburn LLP 09 marzo 2023 Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures. Registrati per un accesso limitato Registrati per ricevere la nostra newsletter e ottenere un accesso limitato ai contenuti degli abbonati.
Trademark Modernisation Act: What We Learned After One Year
Thompson Coburn’s Shoko Naruo Brendan Bement provide a year in review of the US Trademark Modernisation Act, examining the number of expungement/reexamination petitions filed, their results and the effectiveness of the new procedures.
AuthWallet sues financial transaction industry for patent infringement | JD Supra
AuthWallet brought suit against Amarillo National Bank, Cullen/Frost Bankers, Inc., Fiserv, Inc. in the Western District of Texas on February 22, 2023. AuthWallet has also sued Omni Hotels Management Corporation, Hotels.com and Small Luxury Hotels of the World Management, Inc. in other Texas Federal Courts in 2022. Earlier, AuthWallet sued credit card processors for infringing different patents on similar technology. AuthWallet alleges it is the owner of U.S. Patent No. 8,099,368.
Mural copyrights: Yes, it’s a thing! Don’t end up with paint on your face | JD Supra
The recent decision in Petersen v. Diesel Power Gear [1] highlights the risks to executives and owners of any business that engages in advertising. The plaintiff in Petersen is an artist who creates large and dramatic murals on building walls, including commissioned murals for his clients. One of his murals is called “Godlike.” The defendant, Diesel Power Gear, is in the business of promoting diesel trucks and related apparel through various social media outlets.
Mural copyrights: Yes, it’s a thing! Don’t end up with paint on your face
The recent decision in Petersen v. Diesel Power Gear [1] highlights the risks to executives and owners of any business that engages in advertising. The plaintiff in Petersen is an artist who creates large and dramatic murals on building walls, including commissioned murals for his clients. One of his murals is called “Godlike.” The defendant, Diesel Power Gear, is in the business of promoting diesel trucks and related apparel through various social media outlets.
Mural copyrights: Yes, it’s a thing! Don’t end up with paint on your face
The recent decision in Petersen v. Diesel Power Gear [1] highlights the risks to executives and owners of any business that engages in advertising. The plaintiff in Petersen is an artist who creates large and dramatic murals on building walls, including commissioned murals for his clients. One of his murals is called “Godlike.” The defendant, Diesel Power Gear, is in the business of promoting diesel trucks and related apparel through various social media outlets.
Trademark Modernization Act: What we learned after one year | JD Supra
The Trademark Modernization Act (the “TMA”), which went into effect in December 2021, allowed for two new procedures – “expungement” and “reexamination” – for cancelling deadwood trademark registrations. For more on the Trademark Modernization Act, and the details on the expungement and reexamination procedures see here. This article provides a year-in-review of the TMA - the number of expungement/reexamination petitions filed and their results, and the effectiveness of the new procedures.
Western District of Texas finally spurred to action to address Waco division patent dominance | JD Supra
Judge Albright’s hold on patent litigation may be loosening, thanks to an order issued by the Western District of Texas. On July 25, 2022, Western District of Texas Chief Judge Garcia ordered that all patent cases filed in the Waco division on or after July 25 shall be randomly assigned to one of twelve district judges across the Western District of Texas, including judges in the San Antonio, Del Rio, Austin, El Paso, Midland-Odessa and Pecos divisions.
Western District Of Texas Finally Spurred To Action To Address Waco Division Patent Dominance
Judge Albright's hold on patent litigation may be loosening, thanks to an order issued by the Western District of Texas. On July 25, 2022, Western District of Texas Chief Judge Garcia ordered that all patent cases filed in the Waco division on or after July 25 shall be randomly assigned to one of twelve district judges across the Western District of Texas, including judges in the San Antonio, Del Rio, Austin, El Paso, Midland-Odessa and Pecos divisions.
New U.S. trademark and copyright procedures | JD Supra
In December, 2021, the Trademark Modernization Act (“TMA”) and the Copyright Alternative in Small-Claims Enforcement Act (“CASE Act”) went into effect. Trademark Modernization Act The TMA added two new procedures – “expungement” and “reexamination” - for challenging trademark registrations, and also added “nonuse” as a new ground for cancellation actions.
When can you sue on your new patent? That depends on your time zone. | JD Supra
When does a patent issued on October 20 become enforceable? Conservative guidance is to file new suits for new patents after 12:01 in the time zone of the venue of the new suit. But some litigants argue that patents become enforceable at 12:01 Eastern Standard Time, because patents are issued in Washington D.C. A recent case in the Eastern District of Texas examined these arguments relating to a patent scheduled to issue on October 20, 2020.
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